H. R. 1107 
One Hundred Eleventh Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the fifth day of January, two thousand and ten 
An Act 
To enact certain laws relating to public contracts as title 41, United States Code, 
‘‘Public Contracts’’. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1.
Table of contents. 
Sec. 2.
Purpose; conformity with original intent. 
Sec. 3.
Enactment of Title 41, United States Code. 
Sec. 4.
Conforming amendment. 
Sec. 5.
Conforming cross-references. 
Sec. 6.
Transitional and savings provisions. 
Sec. 7.
Repeals. 
SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT. 
(a) PURPOSE.—The purpose of this Act is to enact certain laws 
relating to public contracts as title 41, United States Code, ‘‘Public 
Contracts’’. 
(b) CONFORMITY WITH ORIGINAL INTENT.—In the codification of 
laws by this Act, the intent is to conform to the understood policy, 
intent, and purpose of Congress in the original enactments, with 
such amendments and corrections as will remove ambiguities, con-
tradictions, and other imperfections, in accordance with section 
205(c)(1) of House Resolution No. 988, 93d Congress, as enacted 
into law by Public Law 93–554 (2 U.S.C. 285b(1)). 
SEC. 3. ENACTMENT OF TITLE 41, UNITED STATES CODE. 
Certain general and permanent laws of the United States, related 
to public contracts, are revised, codified, and enacted as title 41, 
United States Code, ‘‘Public Contracts’’, as follows: 
TITLE 41—PUBLIC CONTRACTS 
Subtitle 
Sec. 
I. FEDERAL PROCUREMENT POLICY ................................................
101 
II. OTHER ADVERTISING AND CONTRACT PROVISIONS .............
6101 
III. CONTRACT DISPUTES .........................................................................
7101 
IV. MISCELLANEOUS ..................................................................................
8101 
Subtitle I—Federal Procurement Policy 
DIVISION A—GENERAL 
Chapter 
Sec. 
1. Definitions .................................................................................................
101
H. R. 1107—2 
DIVISION B—OFFICE OF FEDERAL PROCUREMENT POLICY 
11. Establishment of Office and Authority and Functions of Ad-
ministrator.
1101 
13. Acquisition Councils ..............................................................................
1301 
15. Cost Accounting Standards ..................................................................
1501 
17. Agency Responsibilities and Procedures ..........................................
1701 
19. Simplified Acquisition Procedures .....................................................
1901 
21. Restrictions on Obtaining and Disclosing Certain Information 2101 
23. Miscellaneous ...........................................................................................
2301 
DIVISION C—PROCUREMENT 
31. General .......................................................................................................
3101 
33. Planning and Solicitation .....................................................................
3301 
35. Truthful Cost or Pricing Data .............................................................
3501 
37. Awarding of Contracts ...........................................................................
3701 
39. Specific Types of Contracts ..................................................................
3901 
41. Task and Delivery Order Contracts ...................................................
4101 
43. Allowable Costs ........................................................................................
4301 
45. Contract Financing .................................................................................
4501 
47. Miscellaneous ...........................................................................................
4701 
DIVISION A—GENERAL 
CHAPTER 1—DEFINITIONS 
SUBCHAPTER I—SUBTITLE DEFINITIONS 
Sec. 
101.
Administrator. 
102.
Commercial component. 
103.
Commercial item. 
104.
Commercially available off-the-shelf item. 
105.
Component. 
106.
Federal Acquisition Regulation. 
107.
Full and open competition. 
108.
Item and item of supply. 
109.
Major system. 
110.
Nondevelopmental item. 
111.
Procurement. 
112.
Procurement system. 
113.
Responsible source. 
114.
Standards. 
115.
Supplies. 
116.
Technical data. 
SUBCHAPTER II—DIVISION B DEFINITIONS 
131.
Acquisition. 
132.
Competitive procedures. 
133.
Executive agency. 
134.
Simplified acquisition threshold. 
SUBCHAPTER III—DIVISION C DEFINITIONS 
151.
Agency head. 
152.
Competitive procedures. 
153.
Simplified acquisition threshold for contract in support of humanitarian or 
peacekeeping operation. 
SUBCHAPTER I—SUBTITLE DEFINITIONS 
§ 101. Administrator 
In this subtitle, the term ‘‘Administrator’’ means the Adminis-
trator for Federal Procurement Policy appointed under section 1102 
of this title. 
§ 102. Commercial component 
In this subtitle, the term ‘‘commercial component’’ means a compo-
nent that is a commercial item.
H. R. 1107—3 
§ 103. Commercial item 
In this subtitle, the term ‘‘commercial item’’ means— 
(1) an item, other than real property, that— 
(A) is of a type customarily used by the general public 
or by nongovernmental entities for purposes other than 
governmental purposes; and 
(B) has been sold, leased, or licensed, or offered for sale, 
lease, or license, to the general public; 
(2) an item that— 
(A) evolved from an item described in paragraph (1) 
through advances in technology or performance; and 
(B) is not yet available in the commercial marketplace 
but will be available in the commercial marketplace in 
time to satisfy the delivery requirements under a Federal 
Government solicitation; 
(3) an item that would satisfy the criteria in paragraph 
(1) or (2) were it not for— 
(A) modifications of a type customarily available in the 
commercial marketplace; or 
(B) minor modifications made to meet Federal Govern-
ment requirements; 
(4) any combination of items meeting the requirements of 
paragraph (1), (2), (3), or (5) that are of a type customarily 
combined and sold in combination to the general public; 
(5) installation services, maintenance services, repair serv-
ices, training services, and other services if— 
(A) those services are procured for support of an item 
referred to in paragraph (1), (2), (3), or (4), regardless 
of whether the services are provided by the same source 
or at the same time as the item; and 
(B) the source of the services provides similar services 
contemporaneously to the general public under terms and 
conditions similar to those offered to the Federal Govern-
ment; 
(6) services offered and sold competitively, in substantial 
quantities, in the commercial marketplace based on established 
catalog or market prices for specific tasks performed or specific 
outcomes to be achieved and under standard commercial terms 
and conditions; 
(7) any item, combination of items, or service referred to 
in paragraphs (1) to (6) even though the item, combination 
of items, or service is transferred between or among separate 
divisions, subsidiaries, or affiliates of a contractor; or 
(8) a nondevelopmental item if the procuring agency deter-
mines, in accordance with conditions in the Federal Acquisition 
Regulation, that the item was developed exclusively at private 
expense and has been sold in substantial quantities, on a 
competitive basis, to multiple State and local governments. 
§ 104. Commercially available off-the-shelf item 
In this subtitle, the term ‘‘commercially available off-the-shelf 
item’’— 
(1) means an item that— 
(A) is a commercial item (as described in section 103(1) 
of this title); 
(B) is sold in substantial quantities in the commercial 
marketplace; and
H. R. 1107—4 
(C) is offered to the Federal Government, without modi-
fication, in the same form in which it is sold in the commer-
cial marketplace; but 
(2) does not include bulk cargo, as defined in section 40102(4) 
of title 46, such as agricultural products and petroleum prod-
ucts. 
§ 105. Component 
In this subtitle, the term ‘‘component’’ means an item supplied 
to the Federal Government as part of an end item or of another 
component. 
§ 106. Federal Acquisition Regulation 
In this subtitle, the term ‘‘Federal Acquisition Regulation’’ means 
the regulation issued under section 1303(a)(1) of this title. 
§ 107. Full and open competition 
In this subtitle, the term ‘‘full and open competition’’, when used 
with respect to a procurement, means that all responsible sources 
are permitted to submit sealed bids or competitive proposals on 
the procurement. 
§ 108. Item and item of supply 
In this subtitle, the terms ‘‘item’’ and ‘‘item of supply’’— 
(1) mean an individual part, component, subassembly, 
assembly, or subsystem integral to a major system, and other 
property which may be replaced during the service life of the 
system, including spare parts and replenishment spare parts; 
but 
(2) do not include packaging or labeling associated with ship-
ment or identification of an item. 
§ 109. Major system 
(a) IN GENERAL.—In this subtitle, the term ‘‘major system’’ means 
a combination of elements that will function together to produce 
the capabilities required to fulfill a mission need. These elements 
may include hardware, equipment, software, or a combination of 
hardware, equipment, and software, but do not include construction 
or other improvements to real property. 
(b) SYSTEM DEEMED TO BE MAJOR SYSTEM.—A system is deemed 
to be a major system if— 
(1) the Department of Defense is responsible for the system 
and the total expenditures for research, development, testing, 
and evaluation for the system are estimated to exceed 
$75,000,000 (based on fiscal year 1980 constant dollars) or 
the eventual total expenditure for procurement exceeds 
$300,000,000 (based on fiscal year 1980 constant dollars); 
(2) a civilian agency is responsible for the system and total 
expenditures for the system are estimated to exceed the greater 
of $750,000 (based on fiscal year 1980 constant dollars) or 
the dollar threshold for a major system established by the 
agency pursuant to Office of Management and Budget (OMB) 
Circular A–109, entitled ‘‘Major Systems Acquisitions’’; or 
(3) the head of the agency responsible for the system des-
ignates the system a major system. 
§ 110. Nondevelopmental item 
In this subtitle, the term ‘‘nondevelopmental item’’ means—