2017 US Code
Title 41 - Public Contracts
Subtitle III - Contract Disputes
Chapter 71 - Contract Disputes
Sec. 7102 - Applicability of chapter

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Citation 41 U.S.C. § 7102 (2017)
Section Name §7102. Applicability of chapter
Section Text

(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.

Source Credit

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

Editorial Notes
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).

Publication Title United States Code, 2012 Edition, Supplement 5, Title 41 - PUBLIC CONTRACTS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 41 - PUBLIC CONTRACTS
Subtitle III - Contract Disputes
CHAPTER 71 - CONTRACT DISPUTES
Sec. 7102 - Applicability of chapter
Contains section 7102
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 41 Stat. 525
43 Stat. 1112
92 Stat. 2383, 2384
124 Stat. 3817
Public Law References Public Law 95-563, Public Law 109-304, Public Law 111-350
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