41 USC § 7101 - Definitions

---
identifier: "/us/usc/t41/s7101"
source: "usc"
legal_status: "official_legal_evidence"
title: "41 USC § 7101 - Definitions"
title_number: 41
title_name: "PUBLIC CONTRACTS"
section_number: "7101"
section_name: "Definitions"
chapter_number: 71
chapter_name: "CONTRACT DISPUTES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3816.)"
---


# § 7101. Definitions

In this chapter:

**(1)** **Administrator.—** The term “Administrator” means the Administrator for Federal Procurement Policy appointed pursuant to section 1102 of this title.

**(2)** **Agency board or agency board of contract appeals.—** The term “agency board” or “agency board of contract appeals” means—

**(A)** the Armed Services Board;

**(B)** the Civilian Board;

**(C)** the board of contract appeals of the Tennessee Valley Authority; or

**(D)** the Postal Service Board established under section 7105(d)(1) of this title.

**(3)** **Agency head.—** The term “agency head” means the head and any assistant head of an executive agency. The term may include the chief official of a principal division of an executive agency if the head of the executive agency so designates that chief official.

**(4)** **Armed services board.—** The term “Armed Services Board” means the Armed Services Board of Contract Appeals established under section 7105(a)(1) of this title.

**(5)** **Civilian board.—** The term “Civilian Board” means the Civilian Board of Contract Appeals established under section 7105(b)(1) of this title.

**(6)** **Contracting officer.—** The term “contracting officer”—

**(A)** means an individual who, by appointment in accordance with applicable regulations, has the authority to make and administer contracts and to make determinations and findings with respect to contracts; and

**(B)** includes an authorized representative of the contracting officer, acting within the limits of the representative’s authority.

**(7)** **Contractor.—** The term “contractor” means a party to a Federal Government contract other than the Federal Government.

**(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 “misrepresentation 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.

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**Source Credit**: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3816.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 7101 | 41:601. | Pub. L. 95–563, § 2, Nov. 1, 1978, 92 Stat. 2383; Pub. L. 104–106, div. D, title XLIII, § 4322(b)(5), Feb. 10, 1996, 110 Stat. 677; Pub. L. 109–163, div. A, title VIII, § 847(d)(1), Jan. 6, 2006, 119 Stat. 3393. |

In paragraph (8)(C), the words “Government Accountability Office” are substituted for “General Accounting Office” because of section 8(b) of the GAO Human Capital Reform Act of 2004 (, ,  note).

In paragraph (8)(D), the words “” are substituted for “” because of  (31 U.S.C. note prec. 101).