Page:United States Statutes at Large Volume 92 Part 2.djvu/1103

 PUBLIC LAW 95-563—NOV. 1, 1978

92 STAT. 2383

Public Law 95-563 95th Congress An Act To provide for the resolution of claims and disputes relating to Government contracts awarded by executive agencies.

Nov. 1, 1978 [H.R. 11002]

Be it enacted 'by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Contract Disputes be cited as the "Contract Disputes Act of 1978". Act of 1978. 41 USC 601 note. DEFINITIONS



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SKC. 2. As used in this Act— 41 USC 601. (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, United States Code, an independent establishment as defined by section 104 of title 5, United States Code (except that it shall not include the General Accounting Office): a military department as defined by section 102 of title 5, United States Code, and a wholly owned Government corporation as defined by section 846 of title 31, United States Code, the United States Postal Service, and the Postal Kate 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; (6) The term "agency board" means an agency board of contract appeals established under section 8 of this Act; 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. APPLICABILITY OF LAW

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SEC. 3. (a) Unless otherwise specifically provided herein, this Act 41 USC 602. applies to any express or implied contract (including those of the nonappropriated fund activities described in sections 1346 and 1491 of title 28, United States Code) entered into by an executive agency for— (1) the procurement of property, other than real property in being;

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