Page:United States Statutes at Large Volume 124.djvu/3843

 124 STAT. 3817 PUBLIC LAW 111–350—JAN. 4, 2011 (7) CONTRACTOR.—The term ‘‘contractor’’ means a party to a Federal Government contract other than the Federal Govern- ment. (8) EXECUTIVE AGENCY.—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) MISREPRESENTATION OF FACT.—The term ‘‘misrepresenta- tion 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. § 7102. Applicability of chapter (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 activi- ties 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 con- taining 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 Ten- nessee 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 CON- TRACTS.—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. § 7103. Decision by contracting officer (a) CLAIMS GENERALLY.— (1) SUBMISSION OF CONTRACTOR’S CLAIMS TO CONTRACTING OFFICER.—Each claim by a contractor against the Federal