---
kind: "section"
citation: "41 C.F.R. § 102-33.35"
title: "41"
number: "102-33.35"
heading: "Process for acquiring aircraft and aircraft parts."
url: "https://uscodex.org/cfr/41/102-33.35"
---

# §102-33.35. Process for acquiring aircraft and aircraft parts.

- (a) If the requirements are met for operating an in-house aviation program contained in OMB Circular A-76, and OMB Circular A-11, [Part 2](/cfr/41/part2.md), [Section 25.5](/cfr/41/25.5.md), and [Section 51.18](/cfr/41/51.18.md), subparagraph (d), you may:
  - (1) **Acquire Federal aircraft when—**
    - (i) Aircraft are the optimum means of supporting your agency's official business;
    - (ii) You do not have aircraft that can support your agency's official business safely and cost-effectively;
    - (iii) No commercial or other governmental source is available to provide aviation services safely and cost-effectively; and
    - (iv) Congress has specifically authorized your agency to purchase, lease, or transfer aircraft and to maintain and operate those aircraft;
  - (2) **Acquire CAS when—**
    - (i) Aircraft are the optimum means of supporting your agency's official business; and
    - (ii) Using commercial aircraft and services is safe and is more cost effective than using Federal aircraft, aircraft from any other governmental source, or scheduled air carriers.
- (b) When acquiring aircraft, aircraft selection must be based on need, a strong business case, and life-cycle cost analysis, which conform to OMB Circular A-11, [Part 2](/cfr/41/part2.md), [Section 25.5](/cfr/41/25.5.md).

## Notes

### Authority

Authority: 40 U.S.C. 121(c); 31 U.S.C. 101 et seq.; Reorganization Plan No. 2 of 1970, 35 FR 7959, 3 CFR, 1066-1970 Comp., p. 1070; E.O. 11541, 35 FR 10737, 3 CFR, 1966-1970 Comp., p. 939; and OMB Circular No. A-126 (Revised May 22, 1992), 57 FR 22150.

### Source

Source: 90 FR 58425, Dec. 16, 2025, unless otherwise noted.