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41 U.S.C. § 7101 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 7101 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_9aa11d7c14279ddbc40dc944
Source file: Laws/federal/codes/united-states-code/title-41/section-7101-definitions--5a968ef4ab.md
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Source location: Title 41, Chapter 71, § 7101; chapter-071-contract-disputes.md

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In this chapter: (1) **Administrator.—** — The term “Administrator” means the Administrator for Federal Procurement Policy appointed pursuant to [section 1102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1102&num=0&edition=prelim). (2) **Agency board or agency board of contract appeals.—** — The term “agency board” or “agency board of contract appeals” means— (A) the Armed Services Board; (B) the Civilian Board; (C) the board of contract appeals of the Tennessee Valley Authority; or (D) the Postal Service Board established under [section 7105(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105/d/1&num=0&edition=prelim). (3) **Agency head.—** — The term “agency head” means the head and any assistant head of an executive agency. The term may include the chief official of a principal division of an executive agency if the head of the executive agency so designates that chief official. (4) **Armed services board.—** — The term “Armed Services Board” means the Armed Services Board of Contract Appeals established under [section 7105(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105/a/1&num=0&edition=prelim). (5) **Civilian board.—** — The term “Civilian Board” means the Civilian Board of Contract Appeals established under [section 7105(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105/b/1&num=0&edition=prelim). (6) **Contracting officer.—** — The term “contracting officer”— (A) means an individual who, by appointment in accordance with applicable regulations, has the authority to make and administer contracts and to make determinations and findings with respect to contracts; and (B) includes an authorized representative of the contracting officer, acting within the limits of the representative’s authority. (7) **Contractor.—** — The term “contractor” means a party to a Federal Government contract other than the Federal Government. (8) **Executive agency.—** — The term “executive agency” means— (A) an executive department as defined in [section 101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section101&num=0&edition=prelim); (B) a military department as defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim); (C) an independent establishment as defined in [section 104 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section104&num=0&edition=prelim), except that the term does not include the Government Accountability Office; and (D) a wholly owned Government corporation as defined in [section 9101(3) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9101/3&num=0&edition=prelim). (9) **Misrepresentation of fact.—** — The term “misrepresentation of fact” means a false statement of substantive fact, or conduct that leads to a belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 102 — Military departments

The military departments are:

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1102 — Administrator

**(a) Head of Office.—** The head of the Office of Federal Procurement Policy is the Administrator for Federal Procurement Policy. **(b) Appointment.—** The Administrator is appointed by the President, by and with the advice and consent of the Senate.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 702 — Government Accountability Office

**(a)** The Government Accountability Office is an instrumentality of the United States Government independent of the executive departments. **(b)** The head of the Office is the Comptroller General of the United States. The Office has a Deputy Comptroller General of the United States. **(c)** The Comptroller General may adopt a seal for the Office.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 101 — Executive departments

The Executive departments are:

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 104 — Independent establishment

For the purpose of this title, “independent establishment” means— (1) an establishment in the executive branch (other than the United States Postal Service or the Postal Regulatory Commission) which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment; and (2) the Government Accountability Office.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2405 — Repealed. Pub. L. 105–85, div. A, title VIII, § 810(a)(1), Nov. 18, 1997, 111 Stat. 1839]

### Statutory Notes Section, added Pub. L. 98–525, title XII, § 1234(a), Oct. 19, 1984, 98 Stat. 2604; amended Pub. L. 102–484, div. A, title VIII, § 813(c), Oct. 23, 1992, 106 Stat. 2453; Pub. L. 103–355, title II, § 2302(a), (b), Oct. 13, 1994, 108 Stat. 3321; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(14), Feb. 10, 1996, 110 Stat. 673, related to limitation on adjustment of shipbuilding contracts. #### Effective Date of Repeal Pub. L. 105–85, div. A, title VIII, § 810(b), Nov. 18, 1997, 111 Stat. 1839, provided that: “(1) Except as provided in paragraph (2), the repeal made by subsection (a) [repealing this section] shall be effective with respect to claims, requests for equitable adjustment, and demands for payment under shipbuilding contracts that have been or are submitted before, on, or after the date of the enactment of this Act [Nov. 18, 1997]. “(2) [Section 2405 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2405&num=0&edition=prelim), United States Code, as in effect immediately before the date of the enactment of this Act, shall continue to apply to a contractor’s claim, request for equitable adjustment, or demand for payment under a shipbuilding contract that was submitted before such date if—“(A) a contracting officer denied the claim, request, or demand, and the period for appealing the decision to a court or board under the Contract Disputes Act of 1978 [see [41 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7101&num=0&edition=prelim) et seq.] expired before such date; “(B) a court or board of contract appeals considering the claim, request, or demand (including any appeal of a decision of a contracting officer to deny the claim, request, or demand) denied or dismi

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 644 — Awards or contracts

**(a) Small business procurements** (1) **In general** — For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of— (A) maintaining or mobilizing the full productive capacity of the United States; (B) war or national defense programs; or (C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns. (2) **Industry category defined** (A) *In general* — In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted— (i) due to special capital equipment needs; (ii) due to special labor requirements; (iii) due to special geographic requirements, except as provided in subparagraph (B); (iv) due to unique Federal buying patterns or requirements; or (v) to recognize a new industry. (B) *Exception for geographic requirements* — The Administrator may not further segment an industry category based on geographic requirements unless— (i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed; (ii) Governmen

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 644

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2301 — Merit system principles

**(a)** This section shall apply to— (1) an Executive agency; and (2) the Government Publishing Office. **(b)** Federal personnel management should be implemented consistent with the following merit system principles: (1) Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society, and selection and advancement should be determined solely on the basis of relative ability, knowledge, and skills, after fair and open competition which assures that all receive equal opportunity. (2) All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights. (3) Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition should be provided for excellence in performance. (4) All employees should maintain high standards of integrity, conduct, and concern for the public interest. (5) The Federal work force should be used efficiently and effectively. (6) Employees should be retained on the basis of the adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards. (7) Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance. (8) Employees should be— (A) protected

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2301

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 7101 — Definitions

Page 177 TITLE 41—PUBLIC CONTRACTS § 7102 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 6707(e) ........ 41:355. Pub. L. 89–286, § 6, Oct. 22, 1965, 79 Stat. 1035. 6707(f) ........ 41:358. Pub. L. 89–286, § 10, as added Pub. L. 92–473, § 5, Oct. 9, 1972, 86 Stat. 790; Pub. L. 94–273, § 29, Apr. 21, 1976, 90 Stat. 380. In subsection (e), the words ‘‘the definition of ‘reg- ular rate’ under section 7(e) of the Fair Labor Stand- ards Act of 1938 (29 U.S.C. 207(e))’’ are substituted for ‘‘the regular rate under the Fair Labor Standards Act by provisions of section 7(d) thereof ’’ for clarity, to correct the reference to ‘‘the Fair Labor Standards Act’’ in accordance with section 1 of the Fair Labor Standards Act of 1938 (29:201), which provided the short title for the Act, and to correct the reference to ‘‘sec- tion 7(d) thereof ’’ in accordance with section 204(d)(1) of the Fair Labor Standards Amendments of 1966 (Pub- lic Law 89–601, 80 Stat. 836), which amended the Fair Labor Standards Act of 1938 by redesignating section 7(d) as 7(e). In subsection (f), the words ‘‘paragraphs (1) and (2) of section 2’’, which appear in section 10 of the Service Contract Act of 1965, as added by section 5 of Public Law 92–473 (86 Stat. 790), are treated as a reference to paragraphs (1) and (2) of section 2(a) of the Service Con- tract Act of 1965 to reflect the probable intent of Con- gress. The words ‘‘which are entered into during the ap- plicable fiscal year’’, 41:358(1)–(4), and the words ‘‘On and after July 1, 1976’’ are omitted as obsolete. Subtitle III—Contract Disputes Chapter Sec. 71. Contract Disputes ............................... 7101 CHAPTER 71—CONTRACT DISPUTES Sec. 7101. Definitions.

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