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. 7102. Applicability of chapter. 7103. Decision by contracting officer. 7104. Contractor’s right of appeal from decision by contracting officer. 7105. Agency boards. 7106. Agency board procedures for accelerated and small claims. 7107. Judicial review of agency board decisions. 7108. Payment of claims. 7109. Interest. § 7101. Definitions In this chapter: (1) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator for Federal Procurement Policy appointed pursuant to section 1102 of this title. (2) AGENCY BOARD OR AGENCY BOARD OF CON- TRACT 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. (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 exec- utive agency if the head of the executive agen- cy so designates that chief official. (4) ARMED SERVICES BOARD.—The term ‘‘Armed Services Board’’ means the Armed Services Board of Contract Appeals estab- lished under section 7105(a)(1) of this title. (5) CIVILIAN BOARD.—The term ‘‘Civilian Board’’ means the Civilian Board of Contract Appeals established under section 7105(b)(1) of this title. (6) CONTRACTING OFFICER.—The term ‘‘con- tracting officer’’— (A) means an individual who, by appoint- ment in accordance with applicable regula- tions, has the authority to make and admin- ister 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 con- tract 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; (B) a military department as defined in section 102 of title 5; (C) an independent establishment as de- fined in section 104 of title 5, except that the term does not include the Government Ac- countability Office; and (D) a wholly owned Government corpora- tion as defined in section 9101(3) of title 31. (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. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3816.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7101 ............ 41:601. Pub. L. 95–563, § 2, Nov. 1, 1978, 92 Stat. 2383; Pub. L. 104–106, div. D, title XLIII, § 4322(b)(5), Feb. 10, 1996, 110 Stat. 677; Pub. L. 109–163, div. A, title VIII, § 847(d)(1), Jan. 6, 2006, 119 Stat. 3393. In paragraph (8)(C), the words ‘‘Government Account- ability Office’’ are substituted for ‘‘General Accounting Office’’ because of section 8(b) of the GAO Human Cap- ital Reform Act of 2004 (Public Law 108–271, 118 Stat. 814, 31 U.S.C. 702 note). In paragraph (8)(D), the words ‘‘section 9101(3) of title 31’’ are substituted for ‘‘section 846 of title 31’’ because of section 4(b) of Public Law 97–258 (31 U.S.C. note prec. 101). § 7102. Applicability of chapter (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;