1.110 Positive law codification
Source: FAR 1.110 on acquisition.gov
FAR 1.110 ensures contracting professionals use the correct, updated U.S. Code citations for key procurement statutes, preventing confusion and ensuring legal accuracy.
Overview
FAR 1.110 explains the positive law codification of several key procurement statutes, clarifying how historical acts have been reorganized and referenced in the United States Code (U.S.C.). It identifies Public Law 107-217 and Public Law 111-350 as the legislative actions that codified procurement-related laws into Title 40 (Public Buildings, Property, and Works) and Title 41 (Public Contracts) of the U.S.C. The section provides a cross-reference table mapping the historical names of major procurement statutes (such as the Buy American Act, Davis-Bacon Act, and Service Contract Act) to their current codified locations in the U.S.C. This aids contracting professionals in locating the authoritative legal sources for these requirements.
Key Rules
- Codification of Procurement Laws
- Major procurement statutes have been reorganized and codified under Title 40 and Title 41 of the U.S.C. by specific public laws.
- Cross-Reference Table
- A table is provided to help users match historical act names to their current U.S.C. citations, ensuring accurate legal referencing.
Responsibilities
- Contracting Officers: Must reference the correct U.S.C. citations when citing statutory authority in contracts and procurement documents.
- Contractors: Should be aware of the current codified locations of procurement statutes to ensure compliance and accurate legal research.
- Agencies: Should update policies, procedures, and templates to reflect the codified references.
Practical Implications
- This section exists to prevent confusion caused by changes in statutory references and to ensure all parties use the correct legal citations.
- It impacts daily contracting by requiring up-to-date statutory references in documentation, solicitations, and compliance checks.
- Common pitfalls include citing outdated statutory references or misunderstanding the current legal authority for procurement requirements.
(a) Public Law 107-217 revised, codified, and enacted as title 40, United States Code, Public Buildings, Property, and Works, certain general and permanent laws of the United States.
(b) Public Law 111-350 revised, codified, and enacted as title 41, United States Code, Public Contracts, certain general and permanent laws of the United States.
(c) The following table provides cross references between the historical titles of the acts, and the current reference in title 40 or title 41.
| Historical Title of Act | Division/ Chapter/ Subchapter | Title |
|---|---|---|
| Anti-Kickback Act |
Kickbacks |
|
| Brooks Architect Engineer Act |
Selection of Architects and Engineers |
|
| Buy American Act |
Buy American |
|
| Contract Disputes Act of 1978 |
Contract Disputes |
|
| Contract Work Hours and Safety Standards Act |
Contract Work Hours and Safety Standards |
|
| Davis-Bacon Act |
Wage Rate Requirements (Construction) |
|
| Drug-Free Workplace Act |
Drug-Free Workplace |
|
| Federal Property and Administrative Services Act of 1949, Title III. |
Procurement |
|
| Javits-Wagner-O'Day Act |
Committee for Purchase from People Who Are Blind or Severely Disabled |
|
| Miller Act |
Bonds |
|
| Office of Federal Procurement Policy Act |
Office of Federal Procurement Policy |
|
| Procurement Integrity Act |
Restrictions on Obtaining and Disclosing Certain Information |
|
| Service Contract Act of 1965 |
Service Contract Labor Standards |
|
| Truth in Negotiations Act |
Truthful Cost or Pricing Data |
|
| Walsh-Healey Public Contracts Act |
Contracts for Materials, Supplies, Articles, and Equipment Exceeding $10,000. |
* Except sections 3302, 3501(b), 3509, 3906, 4710, and 4711.
** Except sections 1704 and 2303.