Code of Federal Regulations Title 41 - Public Contracts and Property Management
Title 41 of the Code of Federal Regulations (CFR), titled "Public Contracts and Property Management," is a broad and essential part of federal law that governs how the U.S. government acquires goods and services, manages its property, and regulates related activities. It sets the rules for the relationship between the government and its contractors, as well as for the internal management of federal assets.
Structure of Title 41:
Title 41 is organized into several Subtitles, though not all are currently in use:
Subtitle A: Federal Procurement Regulations System [Note]: This subtitle historically contained the Federal Procurement Regulations. However, it was largely replaced in 1983 by the Federal Acquisition Regulation (FAR), which is now codified in Title 48 of the CFR. So, while Subtitle A exists as a placeholder, the comprehensive procurement rules are in Title 48.
Subtitle B: Other Provisions Relating to Public Contracts (Chapters 50-61): This subtitle contains regulations from various agencies concerning specific aspects of public contracts that are not part of the main FAR. Key entities and areas include:
Chapter 50: Public Contracts, Department of Labor: Contains regulations related to labor standards for federal contracts, such as the Walsh-Healey Public Contracts Act (e.g., minimum wages, hours of work, safety, and health standards for supply contracts).
Chapter 51: Committee for Purchase From People Who Are Blind or Severely Disabled: Rules for the AbilityOne Program, which directs federal purchases of goods and services from nonprofit agencies employing people who are blind or have severe disabilities.
Chapter 60: Office of Federal Contract Compliance Programs (OFCCP), Equal Employment Opportunity, Department of Labor: This is a very significant chapter. It contains regulations enforcing affirmative action and non-discrimination requirements for federal contractors and subcontractors. This includes rules under Executive Order 11246 (race, color, religion, sex, national origin), Section 503 of the Rehabilitation Act (individuals with disabilities), and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) (protected veterans). These rules cover areas like:
Obligations of contractors and subcontractors (41 CFR Part 60-1).
Affirmative action programs for women and minorities (41 CFR Part 60-2).
Construction contractor affirmative action requirements (41 CFR Part 60-4).
Discrimination on the basis of sex (41 CFR Part 60-20).
Religious and national origin discrimination guidelines (41 CFR Part 60-50).
Disability and veteran affirmative action (41 CFR Part 60-300, 60-741, 60-742).
Chapter 61: Office of the Assistant Secretary for Veterans' Employment and Training Service, Department of Labor: Rules related to annual reporting from federal contractors on their employment of veterans.
Subtitle C: Federal Property Management Regulations System (Chapters 101-128): This subtitle contains the Federal Property Management Regulations (FPMR) and, more recently, the Federal Management Regulation (FMR), which replaced much of the FPMR. This is a comprehensive set of rules governing the acquisition, management, utilization, and disposal of federal property (real and personal). Key agencies and areas include:
Chapter 101: Federal Property Management Regulations (FPMR): While many parts of the FPMR have been superseded by the FMR (Chapter 102), some remain active or are cited. It covers general provisions, management and use of information and records, public buildings and space, supply and procurement, transportation, and utilization and disposal of property.
Chapter 102: Federal Management Regulation (FMR), General Services Administration (GSA): This is the primary and most active part of Subtitle C. It provides updated regulatory policies for:
Real Property: Acquisition, facility management, disposal, design and construction, historic preservation, and other physical space management.
Personal Property: Government aircraft, motor vehicles, personal property management (acquisition, use, and disposal), and foreign gifts and decorations.
Transportation: Management of freight and employee's personal effects.
Other Administrative Services: Mail management, records creation and maintenance, forms management.
Chapter 105: General Services Administration (GSA): Specific GSA regulations related to its property management functions.
Chapter 109: Department of Energy Property Management Regulations: Specific property management rules for the Department of Energy, especially for contractors at DOE sites.
Other chapters may cover property management for specific agencies like the Department of the Interior, Environmental Protection Agency, and Department of Justice.
Subtitle D: Other Provisions Relating to Property Management [Reserved]
Subtitle E: Federal Information Resources Management Regulations System [Reserved] (This area moved to different titles over time)
Subtitle F: Federal Travel Regulation System (Chapters 300-304): This subtitle is critical for federal employees and covers regulations for:
Temporary Duty (TDY) Travel Allowances (Chapter 301): Detailed rules on reimbursement for expenses incurred while traveling on official business, including transportation, lodging, meals (per diem), and incidental expenses.
Relocation Allowances (Chapter 302): Rules for expenses related to permanent change of station (PCS) moves for federal employees.
Payment of Expenses Connected with the Death of Certain Employees (Chapter 303): Regulations for handling expenses when a federal employee dies while on duty.
Payment of Travel Expenses from a Non-Federal Source (Chapter 304): Rules for accepting travel payments from outside organizations.
In summary, Title 41 is a cornerstone of federal administrative law, establishing the comprehensive framework for how the U.S. government interacts with its contractors, manages its vast property holdings, and dictates official travel. While the main procurement rules are now in Title 48, Title 41 remains crucial for understanding federal contract compliance, property management, and travel regulations.
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