§7102 — Title 41 Public Contracts | U.S. Code

Summary

Covers most express or implied contracts made by executive agencies, including nonappropriated fund activities described in sections 1346 and 1491 of title 28, when the contracts are to buy property (not existing real estate), buy services, do construction/alteration/repair/maintenance of real property, or dispose of personal property. For Tennessee Valley Authority contracts, the rules only apply if the contract requires disputes to be handled through an agency administrative process, and the rules do not apply to TVA contracts for selling fertilizer or electric power or for operating the electric power system. An agency head can also say the rules do not apply to contracts with foreign governments or international organizations when not in the public interest. Appeals under section 7107(a) and actions under sections 7104(b) and 7107(b)–(f) from maritime contracts follow chapter 309 or 311 of title 46 when those chapters do not conflict with this chapter.

Title 41, §7102

Public Contracts — Source: USLM XML via OLRC

(a)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 section 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)(1)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)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)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)Appeals under section 7107(a) of this title and actions brought under section 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 7102(a)–(c)41:602.Pub. L. 95–563, §§ 3, 4, Nov. 1, 1978, 92 Stat. 2383. 7102(d)41:603. In subsection (c), the words “an agency head” are substituted for “the head of the agency” for consistency with the defined term “agency head” in section 7101 of the revised title. In subsection (d), the words “chapter 309 or 311 of title 46” are substituted for “the Act of March 9, 1920, as amended (41 Stat. 525, as amended; 46 U.S.C. 741–752) or the Act of March 3, 1925, as amended (43 Stat. 1112, as amended; 46 U.S.C. 781–790)” in section 4 of the Contract Disputes Act of 1978 (Public Law 95–563, 92 Stat. 2384) because of section 18(c) of Public Law 109–304 (46 U.S.C. note prec. 101).

§7102 Applicability of chapter

Summary

Title 41, §7102

Notes & Related Subsidiaries

Historical and Revision Notes

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