U.S. Code » Title 41 » Subtitle Subtitle III— Contract Disputes › Chapter CHAPTER 71— CONTRACT DISPUTES

41 U.S.C. § 7102

Applicability of chapter

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(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 activities 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 containing 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 Tennessee 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 Contracts.—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.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3817.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

7102(a)–(c)

41:602.

Pub. L. 95–563, §§ 3, 4, Nov. 1, 1978, 92 Stat. 2383.

7102(d)

41:603.

In subsection (c), the words “an agency head” are substituted for “the head of the agency” for consistency with the defined term “agency head” in section 7101 of the revised title.

In subsection (d), the words “chapter 309 or 311 of title 46” are substituted for “the Act of March 9, 1920, as amended (41 Stat. 525, as amended; 46 U.S.C. 741–752) or the Act of March 3, 1925, as amended (43 Stat. 1112, as amended; 46 U.S.C. 781–790)” in section 4 of the Contract Disputes Act of 1978 (Public Law 95–563, 92 Stat. 2384) because of section 18(c) of Public Law 109–304 (46 U.S.C. note prec. 101).

Notes of Decisions
Cited in 145 cases (42 in the last 5 years), 2011–2025 · leading case: Cohen v. Postal Holdings, LLC, 873 F.3d 394 (2d Cir. 2017).
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Cohen v. Postal Holdings, LLC, 873 F.3d 394 (2d Cir. 2017). · cites it 3× “” 41 U.S.C. § 7102 (a)(1) (emphasis added).”
Lee's Ford Dock, Inc. v. Sec'y of the Army, 865 F.3d 1361 (Fed. Cir. 2017). · cites it 3× “41 U.S.C. § 7102 (a)(l)-(4). LFD acknowledges that the Lease does not reflect a procurement contract under § 7102(a)(1)-(3).”
Engage Learning, Inc. v. Salazar, 660 F.3d 1346 (Fed. Cir. 2011). · cites it 2× “27-28 (citing 41 U.S.C. § 7102 (a)). We agree with Engage that the Board erred in holding that it lacked subject matter jurisdiction over Engage’s appeal.”
Pac. Gas & Elec. Co. v. United States, 838 F.3d 1341 (Fed. Cir. 2016). · cites it 2× “See 41 U.S.C. § 7102 (a). Under the Supreme Court’s decision in United States v.”
United Aeronautical Corp. v. Usaf, 80 F.4th 1017 (9th Cir. 2023). · cites it 3× “” 41 U.S.C. § 7102 (a)(1). So, to summarize: a claim falls within the scope of the CDA’s exclusive grant of jurisdiction if (1) the plaintiff’s action “relat[es] to” (2) a procurement contract (3) to which the plaintiff was a party.”
J-Way S., Inc. v. United States Army Corps of Engineers, 34 F.4th 40 (1st Cir. 2022). · cites it 5× “Disagreeing with that jurisdictional premise, the government moved to dismiss or transfer for lack of subject matter jurisdiction, arguing, inter alia, that "[t]he contract is a standard Army Corps construction contract, . . . and disputes arising from such contracts have been…”
The Minesen Co. v. McHugh, 671 F.3d 1332 (Fed. Cir. 2012). · cites it 3× “” 41 U.S.C. § 7102 (a). We specifi- cally held in Slattery that the enumeration of certain NAFIs in the Tucker Act did not signal any intent on the part of Congress to retain sovereign immunity over con- tracts with other NAFIs.”
Anselma Crossing, L.P. v. United States Postal Serv., 637 F.3d 238 (3rd Cir. 2011). · cites it 3× “3677 , 3817 (2011) (to be codified at 41 U.S.C. § 7102 (a)). Under the CDA, a claim for breach of contract must be presented to a designated contracting officer.”
East Coast Repair v. United States, 16 F.4th 87 (4th Cir. 2021). “v. * A contractor usually must choose between an agency board and the U.”
Solaria Corp. v. United States, 123 Fed. Cl. 105 (Fed. Cl. 2015). · cites it 4× “§ 1491 (Tucker Act); 41 U.S.C. § 7102 (Contract Disputes Act); Jurisdiction; Motion To Dismiss, RCFC 12(b)(1) (Subject-matter jurisdiction), RCFC 12(b)(6) (Failure to state a claim).”
Rollock Co. v. United States, 115 Fed. Cl. 317 (Fed. Cl. 2014). · cites it 3× “” 41 U.S.C. § 7102 . Rollock concedes that it had a contract with NPS for the purchase of real property, which is excluded from the CDA’s scope.”
The Boeing Co. v. United States, 968 F.3d 1371 (Fed. Cir. 2020). “52–53 (stating that “to raise a CDA claim Boeing must first have a contract”) (citing 41 U.S.C. § 7102 (a)). Yet the government has not explained how the statutory routing of the particular dispute in this matter to the CDA leaves open an alternative, non-CDA, pre-formation…”
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