§ 601. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC601]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 9--CONTRACT DISPUTES
Sec. 601. Definitions
As used in this chapter--
(1) the term ``agency head'' means the head and any assistant
head of an executive agency, and may ``upon the designation by'' the
head of an executive agency include the chief official of any
principal division of the agency;
(2) the term ``executive agency'' means an executive department
as defined in section 101 of title 5, an independent establishment
as defined by section 104 of title 5 (except that it shall not
include the General Accounting Office), a military department as
defined by section 102 of title 5, and a wholly owned Government
corporation as defined by section 9101(3) of title 31, the United
States Postal Service, and the Postal Rate Commission;
(3) the term ``contracting officer'' means any person who, by
appointment in accordance with applicable regulations, has the
authority to enter into and administer contracts and make
determinations and findings with respect thereto. The term also
includes the authorized representative of the contracting officer,
acting within the limits of his authority;
(4) the term ``contractor'' means a party to a Government
contract other than the Government;
(5) the term ``Administrator'' means the Administrator for
Federal Procurement Policy appointed pursuant to the Office of
Federal Procurement Policy Act [41 U.S.C. 401 et seq.];
(6) the term ``agency board'' means an agency board of contract
appeals established under section 607 of this title; and
(7) the term ``misrepresentation of fact'' means a false
statement of substantive fact, or any conduct which 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. 95-563, Sec. 2, Nov. 1, 1978, 92 Stat. 2383; Pub. L. 104-106,
div. D, title XLIII, Sec. 4322(b)(5), Feb. 10, 1996, 110 Stat. 677.)
References in Text
This chapter, referred to in text, was in the original ``this Act'',
meaning Pub. L. 95-563, which enacted this chapter, amended section 5108
of Title 5, Government Organization and Employees, section 1346, 1491,
2401, 2414, 2510, and 2517 of Title 28, Judiciary and Judicial
Procedure, and section 724a of former Title 31, Money and Finance, and
enacted provisions set out as notes under this section. For complete
classification of this Act to the Code, see Short Title note below and
Tables.
The Office of Federal Procurement Policy Act, referred to in par.
(5), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which
is classified principally to chapter 7 (Sec. 401 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 401 of this title and Tables.
Codification
In par. (2), ``section 9101(3) of title 31'' substituted for
``section 846 of title 31, United States Code'' on authority of Pub. L.
97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
Amendments
1996--Pars. (3), (5) to (7). Pub. L. 104-106 substituted ``the
term'' for ``The term''.
Effective Date of 1996 Amendment
For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under
section 251 of this title.
Effective Date
Section 16 of Pub. L. 95-563 provided that: ``This Act [see Short
Title note below] shall apply to contracts entered into one hundred
twenty days after the date of enactment [Nov. 1, 1978]. Notwithstanding
any provision in a contract made before the effective date of this Act,
the contractor may elect to proceed under this Act with respect to any
claim pending then before the contracting officer or initiated
thereafter.''
Short Title
Section 1 of Pub. L. 95-563 provided: ``That this Act [enacting this
chapter, amending section 5108 of Title 5, Government Organization and
Employees, sections 1346, 1491, 2401, 2414, 2510, and 2517 of Title 28,
Judiciary and Judicial Procedure, and section 724a of former Title 31,
Money and Finance, and enacting provisions set out above] may be cited
as the `Contract Disputes Act of 1978'.''
