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41 U.S.C. § 602

Section 602 · Applicability of law

Amended 1 time on record

Applied in 253 court decisions — leading case National Park Hospitality Association v. Department of the Interior (2003)

Most recently applied in Meridian Engineering Company v. United States (December 2016)

Cases citing this section usually also cite 28 U.S.C. § 1491 · 41 U.S.C. § 605 · 41 U.S.C. § 601

How often courts cite this section

19781980199020002010201615095-563enacted · 1978 · 95-563National Park Hospitality Association v. Department of the Interiorleading · 2003 · National Park Hospitality Association v. Department of the Interior
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Executive agency contracts

Unless otherwise specifically provided herein, 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) entered into 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

With respect to contracts of the Tennessee Valley Authority, the provisions of this chapter shall apply only to those contracts which contain a disputes clause requiring that a contract dispute be resolved through an agency administrative process. Notwithstanding any other provision of this chapter, contracts 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 shall be excluded from the chapter.

(c) Foreign government or international organization contracts

This chapter does not apply to a contract with a foreign government, or agency thereof, or international organization, or subsidiary body thereof, if the head of the agency determines that the application of the chapter to the contract would not be in the public interest.

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