FAR 1.110—Positive law codification.
Plain-English Summary
FAR 1.110 explains the effect of positive law codification on federal procurement statutes and gives users a roadmap for finding the current statutory location of older, historically named acts. It states that Public Law 107-217 revised, codified, and enacted certain general and permanent laws as title 40 of the U.S. Code, and that Public Law 111-350 did the same for certain general and permanent laws as title 41 of the U.S. Code. The section then provides a cross-reference table showing where major procurement-related statutes now appear in title 40 or title 41, including the Anti-Kickback Act, Brooks Architect-Engineer Act, Buy American Act, Contract Disputes Act, Contract Work Hours and Safety Standards Act, Davis-Bacon Act, Drug-Free Workplace Act, Federal Property and Administrative Services Act of 1949, Javits-Wagner-O'Day Act, Miller Act, Office of Federal Procurement Policy Act, Procurement Integrity Act, Service Contract Act, Truth in Negotiations Act, and Walsh-Healey Public Contracts Act. In practice, this section matters because many procurement rules are cited by their historical act names, but the controlling codified text is now found in title 40 or 41. Contracting officers, contractors, and counsel use this table to locate the current statutory authority, avoid citing obsolete references, and understand which title governs a particular requirement. The footnotes also remind readers that some sections of the broader acts were not included in the positive-law codification and remain outside the listed title references.
Key Rules
Positive-law codification occurred
Public Law 107-217 and Public Law 111-350 revised, codified, and enacted selected general and permanent laws into title 40 and title 41 of the U.S. Code. This means the current statutory text for many procurement-related subjects is found in those titles rather than only in the older session laws or historical act names.
Historical names still matter
The section preserves the traditional act names used in procurement practice, such as the Davis-Bacon Act or Contract Disputes Act, but points to their current codified locations. Users should treat the historical name as a label and the title 40 or 41 citation as the current statutory reference.
Cross-reference table controls navigation
The table in paragraph (c) is the key lookup tool for matching an older act name to its current U.S. Code citation. It is intended to help readers quickly identify the correct chapter, subchapter, or division in title 40 or 41.
Coverage is limited to listed acts
Only the statutes listed in the table are cross-referenced here. If a procurement issue involves a statute not listed, users must look elsewhere for its current codified location or determine whether it was codified in another title.
Some provisions were excluded
The footnotes show that not every section of the broader source acts was codified into the positive-law titles. For example, certain sections of the Federal Property and Administrative Services Act and the Office of Federal Procurement Policy Act are excepted, so users must verify the exact statutory section before relying on the title reference.
Responsibilities
Contracting Officer
Use the table to identify the current statutory citation when applying procurement statutes in solicitations, awards, modifications, and disputes. Verify whether the relevant provision is actually within the codified title and whether any exceptions or non-codified sections affect the requirement.
Contractor
Recognize that older act names in contracts, clauses, or guidance may correspond to current title 40 or 41 citations. When researching rights or obligations, confirm the current codified source rather than relying only on the historical act name.
Agency Legal Counsel
Confirm the controlling statutory authority when advising on procurement issues, especially where a historical act name is used or where a provision may have been excluded from positive-law codification. Ensure citations are accurate and current in legal memoranda, protests, claims, and litigation.
Policy/Regulatory Staff
Maintain accurate references in regulations, guidance, and internal policy materials by aligning historical act names with the current U.S. Code citations. Update references when statutory reorganizations or codification changes affect procurement authorities.
Practical Implications
This section is mainly a citation and research tool, but it is essential for finding the right law quickly and avoiding outdated references.
A common mistake is assuming the historical act name is the current legal citation; in practice, the operative reference is often in title 40 or 41.
Users should pay attention to the footnotes because some sections of the underlying acts were not codified, which can change where the authority actually lives.
When drafting solicitations, clauses, determinations, or legal analyses, citing the current U.S. Code location improves accuracy and reduces confusion.
For disputes or compliance reviews, this table helps confirm whether a requirement comes from procurement law in title 40 or 41 and whether the cited provision is within the codified text.
Official Regulatory Text
(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. Table 1 to Paragraph (c) Historical Title of Act Division/ Chapter/ Subchapter Title Anti-Kickback Act 41 U.S.C. chapter 87 Kickbacks Brooks Architect Engineer Act 40 U.S.C. chapter 11 Selection of Architects and Engineers Buy American Act 41 U.S.C. chapter 83 Buy American Contract Disputes Act of 1978 41 U.S.C. chapter 71 Contract Disputes Contract Work Hours and Safety Standards Act 40 U.S.C. chapter 37 Contract Work Hours and Safety Standards Davis-Bacon Act 40 U.S.C. chapter 31, Subchapter IV Wage Rate Requirements (Construction) Drug-Free Workplace Act 41 U.S.C. chapter 81 Drug-Free Workplace Federal Property and Administrative Services Act of 1949, Title III. 41 U.S.C. Div. C of subtitle I* Procurement Javits-Wagner-O'Day Act 41 U.S.C. chapter 85 Committee for Purchase from People Who Are Blind or Severely Disabled Miller Act 40 U.S.C. chapter 31, subchapter III Bonds Office of Federal Procurement Policy Act 41 U.S.C. Div. B of subtitle I** Office of Federal Procurement Policy Procurement Integrity Act 41 U.S.C. chapter 21 Restrictions on Obtaining and Disclosing Certain Information Service Contract Act of 1965 41 U.S.C. chapter 67 Service Contract Labor Standards Truth in Negotiations Act 41 U.S.C. chapter 35 Truthful Cost or Pricing Data Walsh-Healey Public Contracts Act 41 U.S.C. chapter 65 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.