§7101 — Title 41 Public Contracts | U.S. Code

Summary

Sets the meaning of key words used in this chapter. Administrator is the official who leads federal procurement policy. Agency board or agency board of contract appeals means one of four specific boards: the Armed Services Board, the Civilian Board, the Tennessee Valley Authority board, or the Postal Service Board. Agency head is the head or an assistant head of a federal agency and can include the chief of a main division if the agency head says so. Armed Services Board and Civilian Board are the named contract appeals boards for military and civilian matters. Contracting officer is a person given authority to make and run contracts and includes an authorized representative acting inside their authority. Contractor means anyone who has a federal contract other than the government. Executive agency includes executive departments, military departments, most independent agencies (but not the Government Accountability Office), and wholly owned government corporations. Misrepresentation of fact means saying or doing something that creates a false belief about an important fact, done to deceive.

Title 41, §7101

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In this chapter:

(1)The term “Administrator” means the Administrator for Federal Procurement Policy appointed pursuant to section 1102 of this title.

(2)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)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)The term “Armed Services Board” means the Armed Services Board of Contract Appeals established under section 7105(a)(1) of this title.

(5)The term “Civilian Board” means the Civilian Board of Contract Appeals established under section 7105(b)(1) of this title.

(6)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)The term “contractor” means a party to a Federal Government contract other than the Federal Government.

(8)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 defined in section 104 of title 5, 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.

(9)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 710141:601.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 Accountability Office” are substituted for “General Accounting Office” because of section 8(b) of the GAO Human Capital 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).

§7101 Definitions

Summary

Title 41, §7101

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata