2.101 Definitions.

A word or a term, defined in this section, has the same meaning throughout this chapter (the

Federal Acquisition Regulation (FAR)) unless the context in which the word or term is used clearly

requires a different meaning or another FAR part, subpart, or section provides a different definition

for the particular part or portion of the part. If a word or term that is defined in this section is

defined differently in another part, subpart, or section of this chapter, the definition in this section

includes a cross-reference to the other definitions and that part, subpart, or section applies to the

word or term when used in that part, subpart, or section.

Acquisition means the acquiring by contract with appropriated funds of supplies or services

(including construction) by and for the use of the Federal Government through purchase or lease,

whether the supplies or services are already in existence or must be created, developed,

demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and

includes the description of requirements to satisfy agency needs, solicitation and selection of

sources, award of contracts, contract financing, contract performance, contract administration, and

those technical and management functions directly related to the process of fulfilling agency needs

by contract.

Acquisition planning means the process by which the efforts of all personnel responsible for an

acquisition are coordinated and integrated through a comprehensive plan for fulfilling the agency

need in a timely manner and at a reasonable cost. It includes developing the overall strategy for

managing the acquisition.

Activity Address Code (AAC) means a distinct six-position code consisting of a combination of alpha

and/or numeric characters assigned to identify specific agency offices, units, activities, or

organizations by the General Services Administration for civilian agencies and by the Department of

Defense for defense agencies.

Adequate evidence means information sufficient to support the reasonable belief that a particular

act or omission has occurred.

Advisory and assistance services means those services provided under contract by nongovernmental

sources to support or improve: organizational policy development; decision-making; management

and administration; program and/or project management and administration; or R&D activities. It

can also mean the furnishing of professional advice or assistance rendered to improve the

effectiveness of Federal management processes or procedures (including those of an engineering

and technical nature). In rendering the foregoing services, outputs may take the form of information,

advice, opinions, alternatives, analyses, evaluations, recommendations, training and the day-to-day

aid of support personnel needed for the successful performance of ongoing Federal operations. All

advisory and assistance services are classified in one of the following definitional subdivisions:

(1) Management and professional support services, i.e., contractual services that provide assistance,

advice or training for the efficient and effective management and operation of organizations,

activities (including management and support services for R&D activities), or systems. These

services are normally closely related to the basic responsibilities and mission of the agency

originating the requirement for the acquisition of services by contract. Included are efforts that

support or contribute to improved organization of program management, logistics management,

project monitoring and reporting, data collection, budgeting, accounting, performance auditing, and

administrative technical support for conferences and training programs.
(2) Studies, analyses and evaluations, i.e., contracted services that provide organized, analytical

assessments/evaluations in support of policy development, decision-making, management, or

administration. Included are studies in support of R&D activities. Also included are acquisitions of

models, methodologies, and related software supporting studies, analyses or evaluations.

(3) Engineering and technical services, i.e., contractual services used to support the program office

during the acquisition cycle by providing such services as systems engineering and technical

direction (see 9.505-1(b)) to ensure the effective operation and maintenance of a weapon system or

major system as defined in OMB Circular No.A-109 or to provide direct support of a weapon system

that is essential to research, development, production, operation or maintenance of the system.

Affiliates means associated business concerns or individuals if, directly or indirectly either one

controls or can control the other; or third party controls or can control both, except as follows:

(1) For use in subpart 9.4, see the definition at 9.403.

(2) For use of affiliates in size determinations, see the definition of "small business concern" in this

section.

Agency head or "head of the agency" means the Secretary, Attorney General, Administrator,

Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated,

including any deputy or assistant chief official of an executive agency.

Alternate means a substantive variation of a basic provision or clause prescribed for use in a defined

circumstance. It adds wording to, deletes wording from, or substitutes specified wording for a

portion of the basic provision or clause. The alternate version of a provision or clause is the basic

provision or clause as changed by the addition, deletion, or substitution (see 52.105(a)).

Architect-engineer services, as defined in 40 U.S.C. 1102, means—

(1) Professional services of an architectural or engineering nature, as defined by State law, if

applicable, that are required to be performed or approved by a person licensed, registered, or

certified to provide those services;

(2) Professional services of an architectural or engineering nature performed by contract that are

associated with research, planning, development, design, construction, alteration, or repair of real

property; and

(3) Those other professional services of an architectural or engineering nature, or incidental

services, that members of the architectural and engineering professions (and individuals in their

employ) may logically or justifiably perform, including studies, investigations, surveying and

mapping, tests, evaluations, consultations, comprehensive planning, program management,

conceptual designs, plans and specifications, value engineering, construction phase services, soils

engineering, drawing reviews, preparation of operating and maintenance manuals, and other related

services.

Assignment of claims means the transfer or making over by the contractor to a bank, trust company,

or other financing institution, as security for a loan to the contractor, of its right to be paid by the

Government for contract performance.

Assisted acquisition means a type of interagency acquisition where a servicing agency performs

acquisition activities on a requesting agency's behalf, such as awarding and administering a

contract, task order, or delivery order.
Basic research means that research directed toward increasing knowledge in science. The primary

aim of basic research is a fuller knowledge or understanding of the subject under study, rather than

any practical application of that knowledge.

Best value means the expected outcome of an acquisition that, in the Government's estimation,

provides the greatest overall benefit in response to the requirement.

Bid sample means a product sample required to be submitted by an offeror to show characteristics

of the offered products that cannot adequately be described by specifications, purchase descriptions,

or the solicitation (e.g., balance, facility of use, or pattern).

Biobased product means a product determined by the U.S. Department of Agriculture to be a

commercial product or industrial product (other than food or feed) that is composed, in whole or in

significant part, of biological products, including renewable domestic agricultural materials and

forestry materials.

Broad agency announcement means a general announcement of an agency’s research interest

including criteria for selecting proposals and soliciting the participation of all offerors capable of

satisfying the Government’s needs (see 6.102(d)(2)).

Building or work means construction activity as distinguished from manufacturing, furnishing of

materials, or servicing and maintenance work. The terms include, without limitation, buildings,

structures, and improvements of all types, such as bridges, dams, plants, highways, parkways,

streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways,

airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees,

canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting,

excavating, clearing, and landscaping. The manufacture or furnishing of materials, articles, supplies,

or equipment (whether or not a Federal or State agency acquires title to such materials, articles,

supplies, or equipment during the course of the manufacture or furnishing, or owns the materials

from which they are manufactured or furnished) is not "building" or "work" within the meaning of

this definition unless conducted in connection with and at the site of such building or work as is

described in the foregoing sentence, or under the United States Housing Act of 1937 and the

Housing Act of 1949 in the construction or development of the project.

Bundling—

(1) Means a subset of consolidation that combines two or more requirements for supplies or

services, previously provided or performed under separate smaller contracts (see paragraph (2) of

this definition), into a solicitation for a single contract, a multiple-award contract, or a task or

delivery order that is likely to be unsuitable for award to a small business concern (even if it is

suitable for award to a small business with a Small Business Teaming Arrangement) due to—

(i) The diversity, size, or specialized nature of the elements of the performance specified;

(ii) The aggregate dollar value of the anticipated award;

(iii) The geographical dispersion of the contract performance sites; or

(iv) Any combination of the factors described in paragraphs (1)(i), (ii), and (iii) of this definition.

(2) "Separate smaller contract" as used in this definition, means a contract that has been performed

by one or more small business concerns or that was suitable for award to one or more small business

concerns.
Business unit means any segment of an organization, or an entire business organization that is not

divided into segments.

Certified cost or pricing data means "cost or pricing data" that were required to be submitted in

accordance with FAR 15.403-4 and 15.403-5 and have been certified, or is required to be certified, in

accordance with 15.406-2. This certification states that, to the best of the person’s knowledge and

belief, the cost or pricing data is accurate, complete, and current as of a date certain before contract

award. Cost or pricing data is required to be certified in certain procurements (10 U.S.C. chapter

271 and 41 U.S.C. chapter 35).

Change-of-name agreement means a legal instrument executed by the contractor and the

Government that recognizes the legal change of name of the contractor without disturbing the

original contractual rights and obligations of the parties.

Change order means a written order, signed by the contracting officer, directing the contractor to

make a change that the Changes clause authorizes the contracting officer to order without the

contractor’s consent.

Chief Acquisition Officer means an executive level acquisition official responsible for agency

performance of acquisition activities and acquisition programs created pursuant to 41 U.S.C. 1702.

Chief of mission means the principal officer in charge of a diplomatic mission of the United States or

of a United States office abroad which is designated by the Secretary of State as diplomatic in

nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980

(Public Law 96-465) to be temporarily in charge of such a mission or office.

Claim means a written demand or written assertion by one of the contracting parties seeking, as a

matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract

terms, or other relief arising under or relating to the contract. However, a written demand or

written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim

under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher,

invoice, or other routine request for payment that is not in dispute when submitted is not a claim.

The submission may be converted to a claim, by written notice to the contracting officer as provided

in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable

time.

Classified acquisition means an acquisition in which offerors must have access to classified

information to properly submit an offer or quotation, to understand the performance requirements,

or to perform the contract.

Classified contract means any contract in which the contractor or its employees must have access to

classified information during contract performance. A contract may be a classified contract even

though the contract document itself is unclassified.

Classified information means any knowledge that can be communicated or any documentary

material, regardless of its physical form or characteristics, that—

(1)

(i) Is owned by, is produced by or for, or is under the control of the United States Government; or
(ii) Has been classified by the Department of Energy as privately generated restricted data following

the procedures in 10 CFR 1045.21; and

(2) Must be protected against unauthorized disclosure according to Executive Order12958,

Classified National Security Information, April 7,1995, or classified in accordance with the Atomic

Energy Act of 1954.

Cognizant Federal agency means the Federal agency that, on behalf of all Federal agencies, is

responsible for establishing final indirect cost rates and forward pricing rates, if applicable, and

administering cost accounting standards for all contracts in a business unit.

Combatant commander means the commander of a unified or specified combatant command

established in accordance with 10 U.S.C. 161.

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense

Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial

or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the

NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its

outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and

maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Commercial component means any component that is a commercial product.

Commercial computer software means any computer software that is a commercial product or

commercial service.

Commercial product means—

(1) A product, other than real property, that is of a type customarily used by the general public or by

nongovernmental entities for purposes other than governmental purposes, and–

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offered for sale, lease, or license to the general public;

(2) A product that evolved from a product described in paragraph (1) of this definition through

advances in technology or performance and that is not yet available in the commercial marketplace,

but will be available in the commercial marketplace in time to satisfy the delivery requirements

under a Government solicitation;

(3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition,

except for-

(i) Modifications of a type customarily available in the commercial marketplace; or

(ii) Minor modifications of a type not customarily available in the commercial marketplace made to

meet Federal Government requirements. “Minor modifications” means modifications that do not

significantly alter the nongovernmental function or essential physical characteristics of an item or

component, or change the purpose of a process. Factors to be considered in determining whether a
modification is minor include the value and size of the modification and the comparative value and

size of the final product. Dollar values and percentages may be used as guideposts, but are not

conclusive evidence that a modification is minor;

(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) of this

definition that are of a type customarily combined and sold in combination to the general public;

(5) A product, or combination of products, referred to in paragraphs (1) through (4) of this

definition, even though the product, or combination of products, is transferred between or among

separate divisions, subsidiaries, or affiliates of a contractor; or

(6) A nondevelopmental item, if the procuring agency determines the product was developed

exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple

State and local governments or to multiple foreign governments.

Commercial service means—

(1) Installation services, maintenance services, repair services, training services, and other services

if–

(i) Such services are procured for support of a commercial product as defined in this section,

regardless of whether such services are provided by the same source or at the same time as the

commercial product; and

(ii) The source of such services provides similar services contemporaneously to the general public

under terms and conditions similar to those offered to the Federal Government;

(2) Services of a type offered and sold competitively in substantial quantities in the commercial

marketplace based on established catalog or market prices for specific tasks performed or specific

outcomes to be achieved and under standard commercial terms and conditions. For purposes of

these services–

(i) Catalog price means a price included in a catalog, price list, schedule, or other form that is

regularly maintained by the manufacturer or vendor, is either published or otherwise available for

inspection by customers, and states prices at which sales are currently, or were last, made to a

significant number of buyers constituting the general public; and

(ii) Market prices means current prices that are established in the course of ordinary trade between

buyers and sellers free to bargain and that can be substantiated through competition or from

sources independent of the offerors; or

(3) A service referred to in paragraph (1) or (2) of this definition, even though the service is

transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.

Commercially available off-the-shelf (COTS) item —

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in

this section);

(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in

the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and

petroleum products.

Common item means material that is common to the applicable Government contract and the

contractor's other work, except that for use in the clause at 52.246-26, see the definition in

paragraph (a) of that clause.

Component means any item supplied to the Government as part of an end item or of another

component, except that for use in—

(1) Part 25, see the definition in 25.003;

(2) 52.225-1 and 52.225-3, see the definition in 52.225-1(a) and 52.225-3(a);

(3) 52.225-9 and 52.225-11, see the definition in 52.225-9(a) and 52.225-11(a); and

(4) 52.225-21 and 52.225-23, see the definition in 52.225-21(a) and 52.225-23(a).

Computer database or "database" means a collection of recorded information in a form capable of,

and for the purpose of, being stored in, processed, and operated on by a computer. The term does

not include computer software.

Computer software —

(1) Means

(i) Computer programs that comprise a series of instructions, rules, routines, or statements,

regardless of the media in which recorded, that allow or cause a computer to perform a specific

operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow

charts, formulas, and related material that would enable the computer program to be produced,

created, or compiled.

(2) Does not include computer databases or computer software documentation.

Computer software documentation means owner’s manuals, user’s manuals, installation instructions,

operating instructions, and other similar items, regardless of storage medium, that explain the

capabilities of the computer software or provide instructions for using the software.

Consent to subcontract means the contracting officer’s written consent for the prime contractor to

enter into a particular subcontract.

Consolidation or consolidated requirement—

(1) Means a solicitation for a single contract, a multiple-award contract, a task order, or a delivery

order to satisfy-

(i) Two or more requirements of the Federal agency for supplies or services that have been provided

to or performed for the Federal agency under two or more separate contracts, each of which was
lower in cost than the total cost of the contract for which offers are solicited; or

(ii) Requirements of the Federal agency for construction projects to be performed at two or more

discrete sites.

(2) "Separate contract" as used in this definition, means a contract that has been performed by any

business, including small and other than small business concerns.

Construction means construction, alteration, or repair (including dredging, excavating, and painting)

of buildings, structures, or other real property. For purposes of this definition, the terms "buildings,

structures, or other real property" include, but are not limited to, improvements of all types, such as

bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines,

cemeteries, pumping stations, railways, airport facilities, terminals, docks, piers, wharves, ways,

lighthouses, buoys, jetties, breakwaters, levees, canals, and channels. Construction does not include

the manufacture, production, furnishing, construction, alteration, repair, processing, or assembling

of vessels, aircraft, or other kinds of personal property (except that for use in subpart 22.5, see the

definition at 22.502).

Contiguous United States (CONUS) means the 48 contiguous States and the District of Columbia.

Contingency operation (10 U.S.C.101(a)(13)) means a military operation that-

(1) Is designated by the Secretary of Defense as an operation in which members of the armed forces

are or may become involved in military actions, operations, or hostilities against an enemy of the

United States or against an opposing military force; or

(2) Results in the call or order to, or retention on, active duty of members of the uniformed services

under sections 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of title 10 of the United

States Code, Chapter 13 of title 10 of the United States Code, and section 3713 of title 14 of the

United States Code, or any other provision of law during a war or during a national emergency

declared by the President or Congress.

Continued portion of the contract means the portion of a contract that the contractor must continue

to perform following a partial termination.

Contract means a mutually binding legal relationship obligating the seller to furnish the supplies or

services (including construction) and the buyer to pay for them. It includes all types of commitments

that obligate the Government to an expenditure of appropriated funds and that, except as otherwise

authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited

to) awards and notices of awards; job orders or task letters issued under basic ordering agreements;

letter contracts; orders, such as purchase orders, under which the contract becomes effective by

written acceptance or performance; and bilateral contract modifications. Contracts do not include

grants and cooperative agreements covered by 31 U.S.C.6301, et seq. For discussion of various

types of contracts, see part 16.

Contract administration office means an office that performs-

(1) Assigned postaward functions related to the administration of contracts; and

(2) Assigned preaward functions.

Contract clause or "clause" means a term or condition used in contracts or in both solicitations and

contracts, and applying after contract award or both before and after award.
Contract modification means any written change in the terms of a contract (see 43.103).

Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from

nonfederal sources. Contracting includes description (but not determination) of supplies and

services required, selection and solicitation of sources, preparation and award of contracts, and all

phases of contract administration. It does not include making grants or cooperative agreements.

Contracting activity means an element of an agency designated by the agency head and delegated

broad authority regarding acquisition functions.

Contracting office means an office that awards or executes a contract for supplies or services and

performs postaward functions not assigned to a contract administration office (except for use in part

48, see also 48.001).

Contracting officer means a person with the authority to enter into, administer, and/or terminate

contracts and make related determinations and findings. The term includes certain authorized

representatives of the contracting officer acting within the limits of their authority as delegated by

the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who

is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer

who is settling terminated contracts. A single contracting officer may be responsible for duties in

any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative

contracting officer or termination contracting officer does not-

(1) Require that a duty be performed at a particular office or activity; or

(2) Restrict in any way a contracting officer in the performance of any duty properly assigned.

Contracting officer’s representative (COR) means an individual, including a contracting officer’s

technical representative (COTR), designated and authorized in writing by the contracting officer to

perform specific technical or administrative functions.

Conviction means a judgment or conviction of a criminal offense by any court of competent

jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea

of nolo contendere. For use in subpart 23.5, see the definition at 23.503.

Cost or pricing data (10 U.S.C. 3701(1) and 41 U.S.C. chapter 35) means all facts that, as of the date

of price agreement, or, if applicable, an earlier date agreed upon between the parties that is as close

as practicable to the date of agreement on price, prudent buyers and sellers would reasonably

expect to affect price negotiations significantly. Cost or pricing data are factual, not judgmental; and

are verifiable. While they do not indicate the accuracy of the prospective contractor’s judgment

about estimated future costs or projections, they do include the data forming the basis for that

judgment. Cost or pricing data are more than historical accounting data; they are all the facts that

can be reasonably expected to contribute to the soundness of estimates of future costs and to the

validity of determinations of costs already incurred. They also include, but are not limited to, such

factors as-

(1) Vendor quotations;

(2) Nonrecurring costs;

(3) Information on changes in production methods and in production or purchasing volume;

(4) Data supporting projections of business prospects and objectives and related operations costs;
(5) Unit-cost trends such as those associated with labor efficiency;

(6) Make-or-buy decisions;

(7) Estimated resources to attain business goals; and

(8) Information on management decisions that could have a significant bearing on costs.

Cost realism means that the costs in an offeror’s proposal-

(1) Are realistic for the work to be performed;

(2) Reflect a clear understanding of the requirements; and

(3) Are consistent with the various elements of the offeror’s technical proposal.

Cost sharing means an explicit arrangement under which the contractor bears some of the burden of

reasonable, allocable, and allowable contract cost.

Customs territory of the United States means the 50 States, the District of Columbia, and Puerto

Rico.

Data other than certified cost or pricing data means pricing data, cost data, and judgmental

information necessary for the contracting officer to determine a fair and reasonable price or to

determine cost realism. Such data may include the identical types of data as certified cost or pricing

data, consistent with Table 15-2 of 15.408, but without the certification. The data may also include,

for example, sales data and any information reasonably required to explain the offeror’s estimating

process, including, but not limited to–

(1) The judgmental factors applied and the mathematical or other methods used in the estimate,

including those used in projecting from known data; and

(2) The nature and amount of any contingencies included in the proposed price.

Day means, unless otherwise specified, a calendar day.

Debarment means action taken by a debarring official under 9.406 to exclude a contractor from

Government contracting and Government-approved subcontracting for a reasonable, specified

period; a contractor that is excluded is "debarred."

Delivery order means an order for supplies placed against an established contract or with

Government sources.

Depreciation means a charge to current operations that distributes the cost of a tangible capital

asset, less estimated residual value, over the estimated useful life of the asset in a systematic and

logical manner. It does not involve a process of valuation. Useful life refers to the prospective period

of economic usefulness in a particular contractor’s operations as distinguished from physical life; it

is evidenced by the actual or estimated retirement and replacement practice of the contractor.

Descriptive literature means information provided by an offeror, such as cuts, illustrations,

drawings, and brochures, that shows a product’s characteristics or construction of a product or

explains its operation. The term includes only that information needed to evaluate the acceptability

of the product and excludes other information for operating or maintaining the product.
Design-to-cost means a concept that establishes cost elements as management goals to achieve the

best balance between life-cycle cost, acceptable performance, and schedule. Under this concept,

cost is a design constraint during the design and development phases and a management discipline

throughout the acquisition and operation of the system or equipment.

Designated operational area means a geographic area designated by the combatant commander or

subordinate joint force commander for the conduct or support of specified military operations.

Direct acquisition means a type of interagency acquisition where a requesting agency places an

order directly against a servicing agency’s indefinite-delivery contract. The servicing agency

manages the indefinite-delivery contract but does not participate in the placement or administration

of an order.

Direct cost means any cost that is identified specifically with a particular final cost objective. Direct

costs are not limited to items that are incorporated in the end product as material or labor. Costs

identified specifically with a contract are direct costs of that contract. All costs identified specifically

with other final cost objectives of the contractor are direct costs of those cost objectives.

Disaster Response Registry means a voluntary registry of contractors who are willing to perform

debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief

activities established in accordance with 6 U.S.C. 796, Registry of Disaster Response Contractors.

The Registry contains information on contractors who are willing to perform disaster or emergency

relief activities within the United States and its outlying areas. The Registry is accessed via the

Internet at https://www.sam.gov, Search Records, Advanced Search, Disaster Response Registry

Search. (See 26.205.)

Drug-free workplace means the site(s) for the performance of work done by the contractor in

connection with a specific contract where employees of the contractor are prohibited from engaging

in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

Earned value management system means a project management tool that effectively integrates the

project scope of work with cost, schedule and performance elements for optimum project planning

and control. The qualities and operating characteristics of an earned value management system are

described in Electronic Industries Alliance Standard 748 (EIA-748), Earned Value Management

Systems. (See OMB Circular A-11, part 7.)

Economically disadvantaged women-owned small business (EDWOSB) concern- (see definition of

"Women-Owned Small Business (WOSB) Program" in this section).

Effective date of termination means the date on which the notice of termination requires the

contractor to stop performance under the contract. If the contractor receives the termination notice

after the date fixed for termination, then the effective date of termination means the date the

contractor receives the notice.

Electronic commerce means electronic techniques for accomplishing business transactions including

electronic mail or messaging, World Wide Web technology, electronic bulletin boards, purchase

cards, electronic funds transfer, and electronic data interchange.

Electronic data interchange (EDI) means a technique for electronically transferring and storing

formatted information between computers utilizing established and published formats and codes, as

authorized by the applicable Federal Information Processing Standards.

Electronic Funds Transfer (EFT) means any transfer of funds, other than a transaction originated by
cash, check, or similar paper instrument, that is initiated through an electronic terminal, telephone,

computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial

institution to debit or credit an account. The term includes Automated Clearing House transfers,

Fedwire transfers, and transfers made at automatic teller machines and point-of-sale terminals. For

purposes of compliance with 31 U.S.C.3332 and implementing regulations at 31 CFR part 208, the

term "electronic funds transfer" includes a Governmentwide commercial purchase card transaction.

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity

identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity

to establish additional System for Award Management records for identifying alternative EFT

accounts (see subpart 32.11) for the same entity.

Emergency, as used in 6.208, 13.201, 13.500, 18.001, 18.202, 18.203, and subpart 26.2, means any

occasion or instance for which, in the determination of the President, Federal assistance is needed

to supplement State and local efforts and capabilities to save lives and to protect property and public

health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States

(42 U.S.C. 5122).

End product means supplies delivered under a line item of a Government contract, except for use in

part 25 and the associated clauses at 52.225-1, 52.225-3, and 52.225-5, see the definitions in 25.003,

52.225-1(a), 52.225-3(a), and 52.225-5(a).

Energy-efficient product—

(1) Means a product that–

(i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy

Star trademark label; or

(ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department

of Energy’s Federal Energy Management Program.

(2) As used in this definition, the term "product" does not include any energy-consuming product or

system designed or procured for combat or combat-related missions (42 U.S.C. 8259b).

Energy-efficient standby power devices means products that use—

(1) External standby power devices, or that contain an internal standby power function; and

(2) No more than one watt of electricity in their standby power consuming mode or meet

recommended low standby levels as designated by the Department of Energy Federal Energy

Management Program.

Energy-savings performance contract means a contract that requires the contractor to-

(1) Perform services for the design, acquisition, financing, installation, testing, operation, and where

appropriate, maintenance and repair, of an identified energy conservation measure or series of

measures at one or more locations;

(2) Incur the costs of implementing the energy savings measures, including at least the cost (if any)

incurred in making energy audits, acquiring and installing equipment, and training personnel in

exchange for a predetermined share of the value of the energy savings directly resulting from

implementation of such measures during the term of the contract; and
(3) Guarantee future energy and cost savings to the Government.

Environmentally preferable means products or services that have a lesser or reduced effect on

human health and the environment when compared with competing products or services that serve

the same purpose. This comparison may consider raw materials acquisition, production,

manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or

service.

Excess personal property means any personal property under the control of a Federal agency that

the agency head determines is not required for its needs or for the discharge of its responsibilities.

Executive agency means an executive department, a military department, or any independent

establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly

owned Government corporation within the meaning of 31 U.S.C.9101.

Facilities capital cost of money means "cost of money as an element of the cost of facilities capital"

as used at 48 CFR 9904.414-Cost Accounting Standard-Cost of Money as an Element of the Cost of

Facilities Capital.

Federal agency means any executive agency or any independent establishment in the legislative or

judicial branch of the Government (except the Senate, the House of Representatives, the Architect of

the Capitol, and any activities under the Architect’s direction).

Federally-controlled facilities means—

(1) Federally-owned buildings or leased space, whether for single or multi-tenant occupancy, and its

grounds and approaches, all or any portion of which is under the jurisdiction, custody or control of a

department or agency;

(2) Federally-controlled commercial space shared with non-government tenants. For example, if a

department or agency leased the 10th floor of a commercial building, the Directive applies to the

10th floor only;

(3) Government-owned, contractor-operated facilities, including laboratories engaged in national

defense research and production activities; and

(4) Facilities under a management and operating contract, such as for the operation, maintenance,

or support of a Government-owned or Government-controlled research, development, special

production, or testing establishment.

Federally-controlled information system means an information system (44 U.S.C. 3502(8) used or

operated by a Federal agency, or a contractor or other organization on behalf of the agency

(44 U.S.C. 3544(a)(1)(A)).

Federally Funded Research and Development Centers (FFRDC’s) means activities that are

sponsored under a broad charter by a Government agency (or agencies) for the purpose of

performing, analyzing, integrating, supporting, and/or managing basic or applied research and/or

development, and that receive 70 percent or more of their financial support from the Government;

and-

(1) A long-term relationship is contemplated;

(2) Most or all of the facilities are owned or funded by the Government; and
(3) The FFRDC has access to Government and supplier data, employees, and facilities beyond that

common in a normal contractual relationship.

Final indirect cost rate means the indirect cost rate established and agreed upon by the Government

and the contractor as not subject to change. It is usually established after the close of the

contractor’s fiscal year (unless the parties decide upon a different period) to which it applies. For

cost-reimbursement research and development contracts with educational institutions, it may be

predetermined; that is, established for a future period on the basis of cost experience with similar

contracts, together with supporting data.

First article means a preproduction model, initial production sample, test sample, first lot, pilot lot,

or pilot models.

First article testing means testing and evaluating the first article for conformance with specified

contract requirements before or in the initial stage of production.

F.o.b. means free on board. This term is used in conjunction with a physical point to determine-

(1) The responsibility and basis for payment of freight charges; and

(2) Unless otherwise agreed, the point where title for goods passes to the buyer or consignee.

F.o.b. destination means free on board at destination; i.e., the seller or consignor delivers the goods

on seller’s or consignor’s conveyance at destination. Unless the contract provides otherwise, the

seller or consignor is responsible for the cost of shipping and risk of loss. For use in the clause at

52.247-34, see the definition at 52.247-34(a).

F.o.b. origin means free on board at origin; i.e., the seller or consignor places the goods on the

conveyance. Unless the contract provides otherwise, the buyer or consignee is responsible for the

cost of shipping and risk of loss. For use in the clause at 52.247-29, see the definition at

52.247-29(a).

F.o.b.... (For other types of F.o.b., see 47.303).

Forward pricing rate agreement means a written agreement negotiated between a contractor and

the Government to make certain rates available during a specified period for use in pricing contracts

or modifications. These rates represent reasonable projections of specific costs that are not easily

estimated for, identified with, or generated by a specific contract, contract end item, or task. These

projections may include rates for such things as labor, indirect costs, material obsolescence and

usage, spare parts provisioning, and material handling.

Forward pricing rate recommendation means a rate set unilaterally by the administrative

contracting officer for use by the Government in negotiations or other contract actions when

forward pricing rate agreement negotiations have not been completed or when the contractor will

not agree to a forward pricing rate agreement.

Freight means supplies, goods, and transportable property.

Full and open competition, when used with respect to a contract action, means that all responsible

sources are permitted to compete.

General and administrative (G&A) expense means any management, financial, and other expense

which is incurred by or allocated to a business unit and which is for the general management and
administration of the business unit as a whole. G&A expense does not include those management

expenses whose beneficial or causal relationship to cost objectives can be more directly measured by

a base other than a cost input base representing the total activity of a business unit during a cost

accounting period.

Global warming potential means how much a given mass of a chemical contributes to global

warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s

global warming potential is defined as 1.0.

Governmentwide acquisition contract (GWAC) means a task-order or delivery-order contract for

information technology established by one agency for Governmentwide use that is operated-

(1) By an executive agent designated by the Office of Management and Budget pursuant to 40 U.S.C.

11302(e); or

(2) Under a delegation of procurement authority issued by the General Services Administration

(GSA) prior to August 7,1996, under authority granted GSA by former section 40 U.S.C. 759,

repealed by Pub. L. 104-106. The Economy Act does not apply to orders under a Governmentwide

acquisition contract.

Governmentwide point of entry (GPE) means the single point where Government business

opportunities greater than $25,000, including synopses of proposed contract actions, solicitations,

and associated information, can be accessed electronically by the public. The GPE is located at

https://www.sam.gov.

Head of the agency (see "agency head").

Head of the contracting activity means the official who has overall responsibility for managing the

contracting activity.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular

end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other

acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is

found at 40 CFR part 82 subpart G with supplemental tables of alternatives available at

http://www.epa.gov/snap/).

Historically black college or university means an institution determined by the Secretary of

Education to meet the requirements of 34 CFR 608.2.

HUBZone means a historically underutilized business zone that is an area located within one or

more qualified census tracts, qualified nonmetropolitan counties, lands within the external

boundaries of an Indian reservation, qualified base closure areas, redesignated areas, governordesignated covered areas, or qualified disaster areas, as defined in 13 CFR 126.103.

HUBZone contract means a contract awarded to a Small Business Administration certified

"HUBZone small business concern" through any of the following procurement methods:

(1) A sole-source award to a HUBZone small business concern.

(2) Set-aside awards based on competition restricted to HUBZone small business concerns.

(3) Awards to HUBZone small business concerns through full and open competition after a price

evaluation preference in favor of HUBZone small business concerns.
(4) Awards based on a reserve for HUBZone small business concerns in a solicitation for a multipleaward contract.

HUBZone small business concern means a small business concern that meets the requirements

described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated

by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) (13

CFR 126.103). SBA's designation also appears in SAM.

Humanitarian or peacekeeping operation means a military operation in support of the provision of

humanitarian or foreign disaster assistance or in support of a peacekeeping operation under chapter

VI or VII of the Charter of the United Nations. The term does not include routine training, force

rotation, or stationing ((10 U.S.C. 3015(2) and 41 U.S.C. 153(2)).

Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon.

In writing, "writing," or "written" means any worded or numbered expression that can be read,

reproduced, and later communicated, and includes electronically transmitted and stored

information.

Indirect cost means any cost not directly identified with a single final cost objective, but identified

with two or more final cost objectives or with at least one intermediate cost objective.

Indirect cost rate means the percentage or dollar factor that expresses the ratio of indirect expense

incurred in a given period to direct labor cost, manufacturing cost, or another appropriate base for

the same period (see also "final indirect cost rate").

Ineligible means excluded from Government contracting (and subcontracting, if appropriate)

pursuant to statutory, Executive order, or regulatory authority other than this regulation (48 CFR

chapter 1) and its implementing and supplementing regulations; for example, pursuant to–

(1) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction), and its related

statutes and implementing regulations;

(2) 41 U.S.C. chapter 67, Service Contract Labor Standards;

(3) The Equal Employment Opportunity Acts and Executive orders;

(4) 41 U.S.C. chapter 65, Contracts for Material, Supplies, Articles, and Equipment Exceeding

$10,000;

(5) 41 U.S.C. chapter 83, Buy American; or

(6) The Environmental Protection Acts and Executive orders.

Information and communication technology (ICT) means information technology and other

equipment, systems, technologies, or processes, for which the principal function is the creation,

manipulation, storage, display, receipt, or transmission of electronic data and information, as well as

any associated content. Examples of ICT include but are not limited to the following: Computers and

peripheral equipment; information kiosks and transaction machines; telecommunications equipment;

customer premises equipment; multifunction office machines; software; applications; websites;

videos; and electronic documents.

Information security means protecting information and information systems from unauthorized
access, use, disclosure, disruption, modification, or destruction in order to provide-

(1) Integrity, which means guarding against improper information modification or destruction, and

includes ensuring information nonrepudiation and authenticity;

(2) Confidentiality, which means preserving authorized restrictions on access and disclosure,

including means for protecting personal privacy and proprietary information; and

(3) Availability, which means ensuring timely and reliable access to, and use of, information.

Information technology means any equipment, or interconnected system(s) or subsystem(s) of

equipment, that is used in the automatic acquisition, storage, analysis, evaluation, manipulation,

management, movement, control, display, switching, interchange, transmission, or reception of data

or information by the agency.

(1) For purposes of this definition, equipment is used by an agency if the equipment is used by the

agency directly or is used by a contractor under a contract with the agency that requires-

(i) Its use; or

(ii) To a significant extent, its use in the performance of a service or the furnishing of a product.

(2) The term "information technology" includes computers, ancillary equipment (including imaging

peripherals, input, output, and storage devices necessary for security and surveillance), peripheral

equipment designed to be controlled by the central processing unit of a computer, software,

firmware and similar procedures, services (including support services), and related resources.

(3) The term "information technology" does not include any equipment that-

(i) Is acquired by a contractor incidental to a contract; or

(ii) Contains imbedded information technology that is used as an integral part of the product, but the

principal function of which is not the acquisition, storage, analysis, evaluation, manipulation,

management, movement, control, display, switching, interchange, transmission, or reception of data

or information. For example, HVAC (heating, ventilation, and air conditioning) equipment, such as

thermostats or temperature control devices, and medical equipment where information technology is

integral to its operation, are not information technology.

Inherently governmental function means, as a matter of policy, a function that is so intimately

related to the public interest as to mandate performance by Government employees. This definition

is a policy determination, not a legal determination. An inherently governmental function includes

activities that require either the exercise of discretion in applying Government authority, or the

making of value judgments in making decisions for the Government. Governmental functions

normally fall into two categories: the act of governing, i.e., the discretionary exercise of Government

authority, and monetary transactions and entitlements.

(1) An inherently governmental function involves, among other things, the interpretation and

execution of the laws of the United States so as to-

(i) Bind the United States to take or not to take some action by contract, policy, regulation,

authorization, order, or otherwise;

(ii) Determine, protect, and advance United States economic, political, territorial, property, or other
interests by military or diplomatic action, civil or criminal judicial proceedings, contract

management, or otherwise;

(iii) Significantly affect the life, liberty, or property of private persons;

(iv) Commission, appoint, direct, or control officers or employees of the United States; or

(v) Exert ultimate control over the acquisition, use, or disposition of the property, real or personal,

tangible or intangible, of the United States, including the collection, control, or disbursement of

Federal funds.

(2) Inherently governmental functions do not normally include gathering information for or

providing advice, opinions, recommendations, or ideas to Government officials. They also do not

include functions that are primarily ministerial and internal in nature, such as building security, mail

operations, operation of cafeterias, housekeeping, facilities operations and maintenance, warehouse

operations, motor vehicle fleet management operations, or other routine electrical or mechanical

services.

Inspection means examining and testing supplies or services (including, when appropriate, raw

materials, components, and intermediate assemblies) to determine whether they conform to contract

requirements.

Insurance means a contract that provides that for a stipulated consideration, one party undertakes

to indemnify another against loss, damage, or liability arising from an unknown or contingent event.

Interagency acquisition means a procedure by which an agency needing supplies or services (the

requesting agency) obtains them from another agency (the servicing agency), by an assisted

acquisition or a direct acquisition. The term includes—

(1) Acquisitions under the Economy Act (31 U.S.C. 1535); and

(2) Non-Economy Act acquisitions completed under other statutory authorities, (e.g., General

Services Administration Federal Supply Schedules in subpart 8.4 and Governmentwide acquisition

contracts (GWACs)).

Invoice means a contractor’s bill or written request for payment under the contract for supplies

delivered or services performed (see also "proper invoice").

Irrevocable letter of credit means a written commitment by a federally insured financial institution

to pay all or part of a stated amount of money, until the expiration date of the letter, upon the

Government’s (the beneficiary) presentation of a written demand for payment. Neither the financial

institution nor the offeror/contractor can revoke or condition the letter of credit.

Labor surplus area means a geographical area identified by the Department of Labor in accordance

with 20 CFR part 654, subpart A, as an area of concentrated unemployment or underemployment or

an area of labor surplus.

Labor surplus area concern means a concern that together with its first-tier subcontractors will

perform substantially in labor surplus areas. Performance is substantially in labor surplus areas if

the costs incurred under the contract on account of manufacturing, production, or performance of

appropriate services in labor surplus areas exceed 50 percent of the contract price.

Latent defect means a defect that exists at the time of acceptance but cannot be discovered by a
reasonable inspection.

Line item means the basic structural element in a procurement instrument that describes and

organizes the required product or service for pricing, delivery, inspection, acceptance, invoicing,

and payment. The use of the term "line item" includes "subline item," as applicable.

Line item number means either a numeric or alphanumeric format to identify a line item.

Major disaster, as used in 6.208, 13.201, 13.500, 18.001, 18.202, 18.203, and subpart 26.2, means

any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water,

tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or

regardless of cause, any fire, flood, or explosion, in any part of the United States, which, in the

determination of the President, causes damage of sufficient severity and magnitude to warrant major

disaster assistance under the Stafford Act to supplement the efforts and available resources of

States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship,

or suffering caused thereby (42 U.S.C. 5122).

Major system means that combination of elements that will function together to produce the

capabilities required to fulfill a mission need. The elements may include hardware, equipment,

software, or any combination thereof, but exclude construction or other improvements to real

property. A system is a major system if-

(1) The Department of Defense is responsible for the system and the total expenditures for research,

development, test, and evaluation for the system are estimated to be more than $185 million based

on Fiscal Year 2014 constant dollars or the eventual total expenditure for the acquisition exceeds

$835 million based on Fiscal Year 2014 constant dollars (or any update of these thresholds based on

a more recent fiscal year, as specified in the DoD Instruction 5000.02, "Operation of the Defense

Acquisition System");

(2) A civilian agency is responsible for the system and total expenditures for the system are

estimated to exceed $2.5 million or the dollar threshold for a "major system" established by the

agency pursuant to Office of Management and Budget Circular A-109, entitled "Major System

Acquisitions," whichever is greater; or

(3) The system is designated a "major system" by the head of the agency responsible for the system

(10 U.S.C. 3041 and 41 U.S.C. 109).

Make-or-buy program means that part of a contractor’s written plan for a contract identifying those

major items to be produced or work efforts to be performed in the prime contractor’s facilities and

those to be subcontracted.

Manufactured end product means any end product in product and service codes (PSC) 1000-9999,

except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or service group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Market research means collecting and analyzing information about capabilities within the market to

satisfy agency needs.

Master solicitation means a document containing special clauses and provisions that have been

identified as essential for the acquisition of a specific type of supply or service that is acquired

repetitively.

May denotes the permissive. However, the words "no person may..." mean that no person is

required, authorized, or permitted to do the act described.

Micro-purchase means an acquisition of supplies or services using simplified acquisition procedures,

the aggregate amount of which does not exceed the micro-purchase threshold.

Micro-purchase threshold means $10,000, except it means-

(1) For acquisitions of construction subject to 40 U.S.C. chapter 31, subchapter IV, Wage Rate

Requirements (Construction), $2,000;

(2) For acquisitions of services subject to 41 U.S.C. chapter 67, Service Contract Labor Standards,

$2,500; 

(3) For acquisitions of supplies or services that, as determined by the head of the agency, are to be

used to support a contingency operation; to facilitate defense against or recovery from cyber,

nuclear, biological, chemical or radiological attack; to support a request from the Secretary of State

or the Administrator of the United States Agency for International Development to facilitate

provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support

response to an emergency or major disaster (42 U.S.C. 5122), as described in 13.201(g)(1), except

for construction subject to 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements

(Construction) (41 U.S.C. 1903)–

(i) $20,000 in the case of any contract to be awarded and performed, or purchase to be made, inside

the United States; and

(ii) $35,000 in the case of any contract to be awarded and performed, or purchase to be made,

outside the United States; and

(4) For acquisitions of supplies or services from institutions of higher education (20 U.S.C. 1001(a))

or related or affiliated nonprofit entities, or from nonprofit research organizations or independent

research institutes—

(i) $10,000; or

(ii) A higher threshold, as determined appropriate by the head of the agency and consistent with

clean audit findings under 31 U.S.C. chapter 75, Requirements for Single Audits; an internal
institutional risk assessment; or State law.

Minority Institution means an institution of higher education meeting the requirements of Section

365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving

institution of higher education, as defined in Section 502(a) of the Act (20 U.S.C. 1101a).

Multi-agency contract (MAC) means a task-order or delivery-order contract established by one

agency for use by Government agencies to obtain supplies and services, consistent with the

Economy Act (see 17.502-2). Multi-agency contracts include contracts for information technology

established pursuant to 40 U.S.C. 11314(a)(2).

Multiple-award contract means a contract that is—

(1) A Multiple Award Schedule contract issued by GSA (e.g., GSA Schedule Contract) or agencies

granted Multiple Award Schedule contract authority by GSA (e.g., Department of Veterans Affairs)

as described in FAR part 38;

(2) A multiple-award task-order or delivery-order contract issued in accordance with FAR subpart

16.5, including Governmentwide acquisition contracts; or

(3) Any other indefinite-delivery, indefinite-quantity contract entered into with two or more sources

pursuant to the same solicitation.

Must (see "shall").

National defense means any activity related to programs for military or atomic energy production or

construction, military assistance to any foreign nation, stockpiling, or space, except that for use in

subpart 11.6, see the definition in 11.601.

Neutral person means an impartial third party, who serves as a mediator, fact finder, or arbitrator,

or otherwise functions to assist the parties to resolve the issues in controversy. A neutral person may

be a permanent or temporary officer or employee of the Federal Government or any other individual

who is acceptable to the parties. A neutral person must have no official, financial, or personal

conflict of interest with respect to the issues in controversy, unless the interest is fully disclosed in

writing to all parties and all parties agree that the neutral person may serve (5 U.S.C.583).

Nondevelopmental item means—

(1) Any previously developed item of supply used exclusively for governmental purposes by a Federal

agency, a State or local government, or a foreign government with which the United States has a

mutual defense cooperation agreement;

(2) Any item described in paragraph (1) of this definition that requires only minor modification or

modifications of a type customarily available in the commercial marketplace in order to meet the

requirements of the procuring department or agency; or

(3) Any item of supply being produced that does not meet the requirements of paragraphs (1) or (2)

solely because the item is not yet in use.

Novation agreement means a legal instrument-

(1) Executed by the-
(i) Contractor (transferor);

(ii) Successor in interest (transferee); and

(iii) Government; and

(2) By which, among other things, the transferor guarantees performance of the contract, the

transferee assumes all obligations under the contract, and the Government recognizes the transfer

of the contract and related assets.

Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the

resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or

"sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals";

however, responses to requests for quotations (simplified acquisition) are "quotations," not offers.

For unsolicited proposals, see subpart 15.6.

Offeror means offeror or bidder.

Office of Small and Disadvantaged Business Utilization means the Office of Small Business Programs

when referring to the Department of Defense.

OMB Uniform Guidance at 2 CFR part 200 is the abbreviated title for Uniform Administrative

Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200), which

supersedes OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133, and the guidance in

Circular A-50 on Audit Followup.

Option means a unilateral right in a contract by which, for a specified time, the Government may

elect to purchase additional supplies or services called for by the contract, or may elect to extend

the term of the contract.

Organizational conflict of interest means that because of other activities or relationships with other

persons, a person is unable or potentially unable to render impartial assistance or advice to the

Government, or the person’s objectivity in performing the contract work is or might be otherwise

impaired, or a person has an unfair competitive advantage.

Outlying areas means-

(1) Commonwealths

(i) Puerto Rico.

(ii) The Northern Mariana Islands;

(2) Territories.

(i) American Samoa.

(ii) Guam.

(iii) U.S. Virgin Islands; and

(3) Minor outlying islands.

(i) Baker Island.
(ii) Howland Island.

(iii) Jarvis Island.

(iv) Johnston Atoll.

(v) Kingman Reef.

(vi) Midway Islands.

(vii) Navassa Island.

(viii) Palmyra Atoll.

(ix) Wake Atoll.

Overtime means time worked by a contractor’s employee in excess of the employee’s normal

workweek.

Overtime premium means the difference between the contractor’s regular rate of pay to an

employee for the shift involved and the higher rate paid for overtime. It does not include shift

premium, i.e., the difference between the contractor's regular rate of pay to an employee and the

higher rate paid for extra-pay-shift work.

Ozone-depleting substance means any substance the Environmental Protection Agency designates in

40 CFR Part 82 as—

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and

methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

Partial termination means the termination of a part, but not all, of the work that has not been

completed and accepted under a contract.

Past performance means an offeror’s or contractor’s performance on active and physically

completed contracts (see 4.804-4).

Performance-based acquisition (PBA) means an acquisition structured around the results to be

achieved as opposed to the manner by which the work is to be performed.

Performance Work Statement (PWS) means a statement of work for performance-based acquisitions

that describes the required results in clear, specific and objective terms with measurable outcomes.

Personal property means property of any kind or interest in it except real property, records of the

Federal Government, and naval vessels of the following categories:

(1) Battleships;

(2) Cruisers;

(3) Aircraft carriers;

(4) Destroyers; and
(5) Submarines.

Personal services contract means a contract that, by its express terms or as administered, makes the

contractor personnel appear to be, in effect, Government employees (see 37.104).

Plant clearance officer means an authorized representative of the contracting officer, appointed in

accordance with agency procedures, responsible for screening, redistributing, and disposing of

contractor inventory from a contractor’s plant or work site. The term "Contractor’s plant" includes,

but is not limited to, Government-owned contractor-operated plants, Federal installations, and

Federal and non-Federal industrial operations, as may be required under the scope of the contract.

Pollution prevention means any practice that-

(1)

(i) Reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste

stream or otherwise released into the environment (including fugitive emissions) prior to recycling,

treatment, or disposal; and

(ii) Reduces the hazards to public health and the environment associated with the release of such

substances, pollutants, and contaminants;

(2) Reduces or eliminates the creation of pollutants through increased efficiency in the use of raw

materials, energy, water, or other resources; or

(3) Protects natural resources by conservation.

Power of attorney means the authority given one person or corporation to act for and obligate

another, as specified in the instrument creating the power; in corporate suretyship, an instrument

under seal that appoints an attorney-in-fact to act in behalf of a surety company in signing bonds

(see also "attorney-in-fact" at 28.001).

Preaward survey means an evaluation of a prospective contractor’s capability to perform a proposed

contract.

Preponderance of the evidence means proof by information that, compared with that opposing it,

leads to the conclusion that the fact at issue is more probably true than not.

Pricing means the process of establishing a reasonable amount or amounts to be paid for supplies or

services.

Principal means an officer, director, owner, partner, or a person having primary management or

supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of

a division or business segment; and similar positions).

Procurement (see "acquisition").

Procuring activity means a component of an executive agency having a significant acquisition

function and designated as such by the head of the agency. Unless agency regulations specify

otherwise, the term "procuring activity" is synonymous with "contracting activity."

Products has the same meaning as "supplies."
Projected average loss means the estimated long-term average loss per period for periods of

comparable exposure to risk of loss.

Proper invoice means an invoice that meets the minimum standards specified in 32.905(b).

Purchase order, when issued by the Government, means an offer by the Government to buy supplies

or services, including construction and research and development, upon specified terms and

conditions, using simplified acquisition procedures.

Qualification requirement means a Government requirement for testing or other quality assurance

demonstration that must be completed before award of a contract.

Qualified products list (QPL) means a list of products that have been examined, tested, and have

satisfied all applicable qualification requirements.

Qualifying offeror, as used in 13.106-1 and 15.304, means an offeror that is determined to be a

responsible source, submits a technically acceptable proposal that conforms to the requirements of

the solicitation, and the contracting officer has no reason to believe would be likely to offer other

than fair and reasonable pricing (10 U.S.C. 3206(c)(4)).

Receiving report means written evidence that indicates Government acceptance of supplies

delivered or services performed (see subpart 46.6). Receiving reports must meet the requirements of

32.905(c).

Recovered material means waste materials and by-products recovered or diverted from solid waste,

but the term does not include those materials and by-products generated from, and commonly

reused within, an original manufacturing process. For use in subpart 11.3 for paper and paper

products, see the definition at 11.301.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and

the Electronic Funds Transfer indicator (if applicable), the Commercial and Government Entity

(CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act

of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and

Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The contractor will be required

to provide consent for TIN validation to the Government as a part of the SAM registration process;

and

(4) The Government has marked the record Active.

Renewable energy means energy produced by solar, wind, geothermal, biomass, landfill gas, ocean

(including tidal, wave, current, and thermal), municipal solid waste, or new hydroelectric generation

capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric

project (Energy Policy Act of 2005, 42 U.S.C. 15852).

Renewable energy technology means—
(1) Technologies that use renewable energy to provide light, heat, cooling, or mechanical or

electrical energy for use in facilities or other activities; or

(2) The use of integrated whole-building designs that rely upon renewable energy resources,

including passive solar design.

Requesting agency means the agency that has the requirement for an interagency acquisition.

Residual value means the proceeds, less removal and disposal costs, if any, realized upon disposition

of a tangible capital asset. It usually is measured by the net proceeds from the sale or other

disposition of the asset, or its fair value if the asset is traded in on another asset. The estimated

residual value is a current forecast of the residual value.

Responsible audit agency means the agency that is responsible for performing all required contract

audit services at a business unit.

Responsible prospective contractor means a contractor that meets the standards in 9.104.

Scrap means personal property that has no value except its basic metallic, mineral, or organic

content.

Segment means one of two or more divisions, product departments, plants, or other subdivisions of

an organization reporting directly to a home office, usually identified with responsibility for profit

and/or producing a product or service. The term includes-

(1) Government-owned contractor-operated (GOCO) facilities; and

(2) Joint ventures and subsidiaries (domestic and foreign) in which the organization has-

(i) A majority ownership; or

(ii) Less than a majority ownership, but over which it exercises control.

Self-insurance means the assumption or retention of the risk of loss by the contractor, whether

voluntarily or involuntarily. Self-insurance includes the deductible portion of purchased insurance.

Senior procurement executive means the individual appointed pursuant to 41 U.S.C. 1702(c) who is

responsible for management direction of the acquisition system of the executive agency, including

implementation of the unique acquisition policies, regulations, and standards of the executive

agency.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern–

(1)

(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled

veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of

which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more servicedisabled veterans or, in the case of a service-disabled veteran with permanent and severe disability,

the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part

128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38

U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16), and who is

registered in the Beneficiary Identification and Records Locator Subsystem, or successor system

that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a

service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB

Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified

by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for

certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes

contracting officers to limit competition, including award on a sole-source basis, to SDVOSB

concerns eligible under the SDVOSB Program.

Servicing agency means the agency that will conduct an assisted acquisition on behalf of the

requesting agency.

Shall denotes the imperative.

Shipment means freight transported or to be transported.

Shop drawings means drawings submitted by the construction contractor or a subcontractor at any

tier or required under a construction contract, showing in detail either or both of the following:

(1) The proposed fabrication and assembly of structural elements.

(2) The installation (i.e., form, fit, and attachment details) of materials or equipment.

Should means an expected course of action or policy that is to be followed unless inappropriate for a

particular circumstance.

Signature or "signed" means the discrete, verifiable symbol of an individual that, when affixed to a

writing with the knowledge and consent of the individual, indicates a present intention to

authenticate the writing. This includes electronic symbols.

Simplified acquisition procedures means the methods prescribed in part 13 for making purchases of

supplies or services.

Simplified acquisition threshold means $250,000, except for—

(1) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used

to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear,

biological, chemical, or radiological attack; to support a request from the Secretary of State or the

Administrator of the United States Agency for International Development to facilitate provision of

international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an
emergency or major disaster (42 U.S.C. 5122), (41 U.S.C. 1903), the term means–

(i) $800,000 for any contract to be awarded and performed, or purchase to be made, inside the

United States; and

(ii) $1.5 million for any contract to be awarded and performed, or purchase to be made, outside the

United States; and

(2) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used

to support a humanitarian or peacekeeping operation (10 U.S.C. 3015), the term means $500,000 for

any contract to be awarded and performed, or purchase to be made, outside the United States.

Single, Governmentwide point of entry, means the one point of entry to be designated by the

Administrator of OFPP that will allow the private sector to electronically access procurement

opportunities Governmentwide.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant

in its field of operation, and qualified as a small business under the criteria and size standards in 13

CFR part 121 (see 19.102).

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly

controls or has the power to control the others, or a third party or parties control or have the power

to control the others. In determining whether affiliation exists, consideration is given to all

appropriate factors including common ownership, common management, and contractual

relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small business subcontractor means a concern that does not exceed the size standard for the North

American Industry Classification Systems code that the prime contractor determines best describes

the product or service being acquired by the subcontract.

Small Business Teaming Arrangement—

(1) Means an arrangement where–

(i) Two or more small business concerns have formed a joint venture; or

(ii) A small business offeror agrees with one or more other small business concerns to have them act

as its subcontractors under a specified Government contract. A Small Business Teaming

Arrangement between the offeror and its small business subcontractor(s) exists through a written

agreement between the parties that–

(A) Is specifically referred to as a "Small Business Teaming Arrangement"; and

(B) Sets forth the different responsibilities, roles, and percentages (or other allocations) of work as it

relates to the acquisition;

(2)

(i) For civilian agencies, may include two business concerns in a mentor-protégé relationship when

both the mentor and the protégé are small or the protégé is small and the concerns have received an

exception to affiliation pursuant to 13 CFR 121.103(h)(3)(ii) or (iii).
(ii) For DoD, may include two business concerns in a mentor-protégé relationship in the Department

of Defense Pilot Mentor-Protégé Program (see section 831 of the National Defense Authorization Act

for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 4901 note prec.)) when both the mentor and the

protégé are small. There is no exception to joint venture size affiliation for offers received from

teaming arrangements under the Department of Defense Pilot Mentor-Protégé Program; and

(3) See 13 CFR 121.103(b)(9) regarding the exception to affiliation for offers received from Small

Business Teaming Arrangements in the case of a solicitation of offers for a bundled contract with a

reserve.

Small disadvantaged business concern consistent with 13 CFR 124.1001, means a small business

concern under the size standard applicable to the acquisition, that:

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically

disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at

13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR

124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR

124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Sole source acquisition means a contract for the purchase of supplies or services that is entered into

or proposed to be entered into by an agency after soliciting and negotiating with only one source.

Solicitation means any request to submit offers or quotations to the Government. Solicitations under

sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are

called "requests for proposals." Solicitations under simplified acquisition procedures may require

submission of either a quotation or an offer.

Solicitation provision or provision means a term or condition used only in solicitations and applying

only before contract award.

Source selection information means any of the following information that is prepared for use by an

agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract,

if that information has not been previously made available to the public or disclosed publicly:

(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices

before bid opening.

(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those

proposed costs or prices.

(3) Source selection plans.

(4) Technical evaluation plans.

(5) Technical evaluations of proposals.

(6) Cost or price evaluations of proposals.
(7) Competitive range determinations that identify proposals that have a reasonable chance of being

selected for award of a contract.

(8) Rankings of bids, proposals, or competitors.

(9) Reports and evaluations of source selection panels, boards, or advisory councils.

(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on

a case-by-case determination by the head of the agency or the contracting officer, that its disclosure

would jeopardize the integrity or successful completion of the Federal agency procurement to which

the information relates.

Special competency means a special or unique capability, including qualitative aspects, developed

incidental to the primary functions of the Federally Funded Research and Development Centers to

meet some special need.

Special test equipment means either single or multipurpose integrated test units engineered,

designed, fabricated, or modified to accomplish special purpose testing in performing a contract. It

consists of items or assemblies of equipment including foundations and similar improvements

necessary for installing special test equipment, and standard or general purpose items or

components that are interconnected and interdependent so as to become a new functional entity for

special testing purposes. Special test equipment does not include material, special tooling, real

property, and equipment items used for general testing purposes or property that with relatively

minor expense can be made suitable for general purpose use.

Special tooling means jigs, dies, fixtures, molds, patterns, taps, gauges, and all components of these

items including foundations and similar improvements necessary for installing special tooling, and

which are of such a specialized nature that without substantial modification or alteration their use is

limited to the development or production of particular supplies or parts thereof or to the

performance of particular services. Special tooling does not include material, special test equipment,

real property, equipment, machine tools, or similar capital items.

State and local taxes means taxes levied by the States, the District of Columbia, outlying areas of the

United States, or their political subdivisions.

Statement of Objectives (SOO) means a Government-prepared document incorporated into the

solicitation that states the overall performance objectives. It is used in solicitations when the

Government intends to provide the maximum flexibility to each offeror to propose an innovative

approach.

Subline item means a subset of a line item.

Substantial evidence means information sufficient to support the reasonable belief that a particular

act or omission has occurred.

Substantially as follows or "substantially the same as," when used in the prescription and

introductory text of a provision or clause, means that authorization is granted to prepare and utilize

a variation of that provision or clause to accommodate requirements that are peculiar to an

individual acquisition; provided that the variation includes the salient features of the FAR provision

or clause, and is not inconsistent with the intent, principle, and substance of the FAR provision or

clause or related coverage of the subject matter.

Supplemental agreement means a contract modification that is accomplished by the mutual action of
the parties.

Supplies means all property except land or interest in land. It includes (but is not limited to) public

works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and

description, together with parts and accessories; aircraft and aircraft parts, accessories, and

equipment; machine tools; and the alteration or installation of any of the foregoing.

Supporting a diplomatic or consular mission means performing outside the United States under a

contract administered by Federal agency personnel who are subject to the direction of a Chief of

Mission.

Surety means an individual or corporation legally liable for the debt, default, or failure of a principal

to satisfy a contractual obligation. The types of sureties referred to are as follows:

(1) An individual surety is one person, as distinguished from a business entity, who is liable for the

entire penal amount of the bond.

(2) A corporate surety is licensed under various insurance laws and, under its charter, has legal

power to act as surety for others.

(3) A cosurety is one of two or more sureties that are jointly liable for the penal sum of the bond. A

limit of liability for each surety may be stated.

Surplus property means excess personal property not required by any Federal agency as determined

by the Administrator of the General Services Administration (GSA). (See 41 CFR 102-36.40).

Suspension means action taken by a suspending official under 9.407 to disqualify a contractor

temporarily from Government contracting and Government-approved subcontracting; a contractor

that is disqualified is "suspended."

Sustainable acquisition means acquiring goods and services in order to create and maintain

conditions-

(1) Under which humans and nature can exist in productive harmony; and

(2) That permit fulfilling the social, economic, and other requirements of present and future

generations.

System for Award Management (SAM) means the primary Government repository for prospective

Federal awardee and Federal awardee information and the centralized Government system for

certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the

Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with

FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts,

and certain types of Federal financial and non-financial assistance and benefits.

Task order means an order for services placed against an established contract or with Government

sources.
Taxpayer Identification Number (TIN) means the number required by the IRS to be used by the

offeror in reporting income tax and other returns. The TIN may be either a Social Security Number

or an Employer Identification Number.

Technical data means recorded information (regardless of the form or method of the recording) of a

scientific or technical nature (including computer databases and computer software documentation).

This term does not include computer software or financial, administrative, cost or pricing, or

management data or other information incidental to contract administration. The term includes

recorded information of a scientific or technical nature that is included in computer databases (see

41 U.S.C. 116).

Terminated portion of the contract means the portion of a contract that the contractor is not to

perform following a partial termination. For construction contracts that have been completely

terminated for convenience, it means the entire contract, notwithstanding the completion of, and

payment for, individual items of work before termination.

Termination for convenience means the exercise of the Government’s right to completely or partially

terminate performance of work under a contract when it is in the Government’s interest.

Termination for default means the exercise of the Government’s right to completely or partially

terminate a contract because of the contractor’s actual or anticipated failure to perform its

contractual obligations.

Termination inventory means any property purchased, supplied, manufactured, furnished, or

otherwise acquired for the performance of a contract subsequently terminated and properly

allocable to the terminated portion of the contract. It includes Government-furnished property. It

does not include any facilities, material, special test equipment, or special tooling that are subject to

a separate contract or to a special contract requirement governing their use or disposition.

Unallowable cost means any cost that, under the provisions of any pertinent law, regulation, or

contract, cannot be included in prices, cost-reimbursements, or settlements under a Government

contract to which it is allocable.

Unique and innovative concept, when used relative to an unsolicited research proposal, means that-

(1) In the opinion and to the knowledge of the Government evaluator, the meritorious proposal-

(i) Is the product of original thinking submitted confidentially by one source;

(ii) Contains new, novel, or changed concepts, approaches, or methods;

(iii) Was not submitted previously by another; and

(iv) Is not otherwise available within the Federal Government.

(2) In this context, the term does not mean that the source has the sole capability of performing the

research.

Unique entity identifier means a number or other identifier used to identify a specific commercial,

nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique

entity identifiers.

United States, when used in a geographic sense, means the 50 States and the District of Columbia,
except as follows:

(1) For use in subpart 3.10, see the definition at 3.1001.

(2) For use in subpart 22.8, see the definition at 22.801.

(3) For use in subpart 22.10, see the definition at 22.1001.

(4) For use in subpart 22.13, see the definition at 22.1301.

(5) For use in subpart 22.16, see the definition at 22.1601.

(6) For use in subpart 22.17, see the definition at 22.1702.

(7) For use in subpart 22.18, see the definition at 22.1801.

(8) For use in subpart 22.19, see the definition at 22.1901.

(9) For use in part 23, see definition at 23.001.

(10) For use in part 25, see the definition at 25.003.

(11) For use in part 27, see the definition at 27.001.

(12) For use in subpart 47.4, see the definition at 47.401.

Unsolicited proposal means a written proposal for a new or innovative idea that is submitted to an

agency on the initiative of the offeror for the purpose of obtaining a contract with the Government,

and that is not in response to a request for proposals, Broad Agency Announcement, Small Business

Innovation Research topic, Small Business Technology Transfer Research topic, Program Research

and Development Announcement, or any other Government-initiated solicitation or program.

Value engineering means an analysis of the functions of a program, project, system, product, item of

equipment, building, facility, service, or supply of an executive agency, performed by qualified

agency or contractor personnel, directed at improving performance, reliability, quality, safety, and

life-cycle costs (41 U.S.C. 1711). For use in the clause at 52.248-2, see the definition at 52.248-2(b).

Value engineering change proposal (VECP)—

(1) Means a proposal that–

(i) Requires a change to the instant contract to implement; and

(ii) Results in reducing the overall projected cost to the agency without impairing essential functions

or characteristics, provided, that it does not involve a change–

(A) In deliverable end item quantities only;

(B) In research and development (R&D) items or R&D test quantities that are due solely to results of

previous testing under the instant contract; or

(C) To the contract type only.

(2) For use in the clauses at-
(i) 52.248-2, see the definition at 52.248-2(b); and

(ii) 52.248-3, see the definition at 52.248-3(b).

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at

38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the

stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Virgin material means—

(1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron,

other metal or metal ore; or

(2) Any undeveloped resource that is, or with new technology will become, a source of raw

materials.

Voluntary consensus standards means common and repeated use of rules, conditions, guidelines or

characteristics for products, or related processes and production methods and related management

systems. Voluntary Consensus Standards are developed or adopted by domestic and international

voluntary consensus standard making bodies (e.g., International Organization for Standardization

(ISO) and ASTM-International). See OMB Circular A-119.

Warranty means a promise or affirmation given by a contractor to the Government regarding the

nature, usefulness, or condition of the supplies or performance of services furnished under the

contract.

Waste reduction means preventing or decreasing the amount of waste being generated through

waste prevention, recycling, or purchasing recycled and environmentally preferable products.

Water consumption intensity means water consumption per square foot of building space.

Women-owned small business concern means—

(1) A small business concern–

(i) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned

business, at least 51 percent of the stock of which is owned by one or more women; and

(ii) Whose management and daily business operations are controlled by one or more women; or

(2) A small business concern eligible under the Women-Owned Small Business Program in

accordance with 13 CFR part 127 (see subpart 19.15).

Women-Owned Small Business (WOSB) Program.

(1) "Women-Owned Small Business (WOSB) Program" means a program that authorizes contracting

officers to limit competition, including award on a sole-source basis, to—

(i) Economically disadvantaged women-owned small business (EDWOSB) concerns eligible under the

WOSB Program for Federal contracts assigned a North American Industry Classification Systems
(NAICS) code in an industry in which the Small Business Administration (SBA) has determined that

WOSB concerns are underrepresented in Federal procurement; and

(ii) WOSB concerns eligible under the WOSB Program for Federal contracts assigned a NAICS code

in an industry in which SBA has determined that WOSB concerns are substantially underrepresented

in Federal procurement.

(2) "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small

business concern that is at least 51 percent directly and unconditionally owned by, and the

management and daily business operations of which are controlled by, one or more women who are

citizens of the United States and who are economically disadvantaged in accordance with 13 CFR

part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with

13 CFR 127.300 . It automatically qualifies as a women-owned small business (WOSB) concern

eligible under the WOSB Program.

(3) "Women-owned small business (WOSB)" concern eligible under the WOSB Program means a

small business concern that is at least 51 percent directly and unconditionally owned by, and the

management and daily business operations of which are controlled by, one or more women who are

citizens of the United States, and the concern is certified by SBA or an approved third-party certifier

in accordance with 13 CFR 127.300.

Writing or written (see "in writing").

Parent topic: Subpart 2.1 - Definitions