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41 U.S.C. § 7102 — Applicability of chapter
Federal law — U.S. Code and appendices · legal_authorities
**(a) Executive Agency Contracts.—** Unless otherwise specifically provided in this chapter, this chapter applies to any express or implied contract (including those of the nonappropriated fund activities described in sections 1346 and 1491 of title 28) made by an executive agency for—
(1) the procurement of property, other than real property in being;
(2) the procurement of services;
(3) the procurement of construction, alteration, repair, or maintenance of real property; or
(4) the disposal of personal property.
**(b) Tennessee Valley Authority Contracts.—**
(1) **In general.—** — With respect to contracts of the Tennessee Valley Authority, this chapter applies only to contracts containing a clause that requires contract disputes to be resolved through an agency administrative process.
(2) **Exclusion.—** — Notwithstanding any other provision of this chapter, this chapter does not apply to a contract of the Tennessee Valley Authority for the sale of fertilizer or electric power or related to the conduct or operation of the electric power system.
**(c) Foreign Government or International Organization Contracts.—** If an agency head determines that applying this chapter would not be in the public interest, this chapter does not apply to a contract with a foreign government, an agency of a foreign government, an international organization, or a subsidiary body of an international organization.
**(d) Maritime Contracts.—** Appeals under [section 7107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7107/a&num=0&edition=prelim) and actions brought under sections 7104(b) and 7107(b) to (f) of this title, arising out of maritime contracts, are governed by chapter 309 or 311 of title 46, as applicable, to the extent that t
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Source location: Title 41, Chapter 71, § 7102; chapter-071-contract-disputes.md
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**(a) Executive Agency Contracts.—** Unless otherwise specifically provided in this chapter, this chapter applies to any express or implied contract (including those of the nonappropriated fund activities described in sections 1346 and 1491 of title 28) made by an executive agency for—
(1) the procurement of property, other than real property in being;
(2) the procurement of services;
(3) the procurement of construction, alteration, repair, or maintenance of real property; or
(4) the disposal of personal property.
**(b) Tennessee Valley Authority Contracts.—**
(1) **In general.—** — With respect to contracts of the Tennessee Valley Authority, this chapter applies only to contracts containing a clause that requires contract disputes to be resolved through an agency administrative process.
(2) **Exclusion.—** — Notwithstanding any other provision of this chapter, this chapter does not apply to a contract of the Tennessee Valley Authority for the sale of fertilizer or electric power or related to the conduct or operation of the electric power system.
**(c) Foreign Government or International Organization Contracts.—** If an agency head determines that applying this chapter would not be in the public interest, this chapter does not apply to a contract with a foreign government, an agency of a foreign government, an international organization, or a subsidiary body of an international organization.
**(d) Maritime Contracts.—** Appeals under [section 7107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7107/a&num=0&edition=prelim) and actions brought under sections 7104(b) and 7107(b) to (f) of this title, arising out of maritime contracts, are governed by chapter 309 or 311 of title 46, as applicable, to the extent that those chapters are not inconsistent with this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
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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