41-U.S.C.-7102

§7102 – Applicability of Chapter

Pathway

Title 41 > Subtitle III > Chapter 71 > Section 7102

Details

• Reference: Section 7102
• Legend: §7102 – Applicability of Chapter
• USCode Year: 2013

Provision Content

(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 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.

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3817.)

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).

U.S. Encyclopedia of Law Coverage

41-U.S.C.-6705 in the Legal Encyclopedia: Public Contracts

In this entry about 41-U.S.C.-6705, find legal reference material, bibliographies and premiere content related to public contracts in the American Encyclopedia of Law, presenting a comprehensive view of the United States public contracts-specific issues, written by authorities in the field.

41-U.S.C.-6704 in the Legal Encyclopedia: Contracts

In this entry about 41-U.S.C.-6704, find legal reference material, bibliographies and premiere content related to contracts in the American Encyclopedia of Law, presenting a comprehensive view of the United States contracts-specific issues, written by authorities in the field.

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