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Government Contractors

What’s in a Name?

As many Federal contractors know, speaking the language of government contracting can be a daunting task. Effective May 29, 2014, most of the familiar names and terminologies associated with some of the key Acts and provisions affecting government contractors were modified in the Federal Acquisition Regulation (FAR). The name changes were required to conform references throughout the FAR to the new Positive Law Codification of Title 41, United States Code.

Positive law codification by the Office of the Law Revision Counsel is the process of preparing and enacting a codification bill to restate existing law as a positive law title of the United States Code. The restatement conforms to the policy, intent, and purpose of Congress in the original enactments, but the organizational structure of the law is improved, obsolete provisions are eliminated, ambiguous provisions are clarified, inconsistent provisions are resolved, and technical errors are corrected.

A summary of some of the most significant changes can be seen below:

  • Davis-Bacon Act: Now referred to as Wage Rate Requirements (Construction).
  • Service Contract Act of 1965: Now referred to as Service Contract Labor Standards.
  • Truth in Negotiations Act: Now referred to as Truthful Cost or Pricing Data.
  • Walsh-Healey Public Contracts Act: Now referred to as Contracts for Material, Supplies, Articles, and Equipment Exceeding $15,000.
  • Procurement Integrity Act: Now referred to as Restrictions on Obtaining and Disclosing Certain Information.

While it can be argued that many of the changes weren’t designed to roll off the tongue easier, none of the changes have had any other substantive effects on the underlying rules and statutes. Complete cross references between the historical titles of the Acts and the current references can be found in the table FAR 1.110.

For any other questions regarding compliance with the Acts mentioned above, please contact Cherry Bekaert’s Government Contractor Services Group.

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