Last revised (Transmittal 14-021) December 1, 2023

Guide to Judiciary Policy

Vol. 14: Procurement

Glossary of Procurement Terms

Acceptance of Offer – In contract law, the act accepting an offer (e.g., awarding a 

contract based on an offer under a request for proposals).

Acceptance of Work – The act of an authorized representative by which the judiciary, 

for itself or as an agent of another, assumes ownership of existing identified products 

tendered or approves specific services rendered as partial or complete performance of 

the contract.

Acceptance Period – The number of calendar days available to the judiciary for 

awarding a contract from the date specified in the solicitation for receipt of offers.

Acceptance Procedures – The process followed by judiciary personnel during 

acceptance of a product or service.

Acquisition – See: Procurement. The term acquisition generally only refers to 

contracts. Procurement is a more comprehensive term that involves other contractual 

instruments such as purchase orders, delivery or task orders, contracts, etc. Therefore, 

the judiciary uses the term procurement.

Acquisition Life-Cycle – See: Procurement Life-Cycle.

Acquisition Planning – See: Procurement Planning.

Adequate Price Competition – This situation exists when two or more responsible 

offerors, competing independently, submit reasonable priced offers that satisfy the 

judiciary’s expressed requirement. A statement of the facts must support any finding 

that the price is unreasonable. If there was a reasonable expectation (based on market 

research or other assessment) that two or more responsible offerors, competing 

independently, would submit priced offers in response to the solicitation’s expressed 

requirement, even though only one offer is received from a responsible offeror and if:

(a) based on the offer received, the contracting officer can reasonably 

conclude that the offer was submitted with the expectation of competition, 

e.g., circumstances indicate that:

(1) the offeror believed that at least one other offeror could submit a 

meaningful offer, and

(2) the offeror had no reason to believe that other potential offerors did 

not intend to submit an offer; or
Guide to Judiciary Policy, Vol. 14 Glossary Page 2

(b) the determination that the proposed price is based on adequate price 

competition is reasonable.

Price analysis must clearly demonstrate that the proposed price is reasonable in 

comparison with current or recent prices for the same or similar items, adjusted to

reflect changes in market conditions, economic conditions, quantities, or terms and 

conditions under contracts that resulted from adequate price competition.

Administrative Change – A unilateral contract modification, in writing, that does not 

affect the substantive rights of the parties (e.g., a change in the paying office or the 

appropriation data).

Advertisement – Any single message prepared for placement in communication media, 

regardless of the number of placements.

Advertising Material – Material designed to acquaint the judiciary with a prospective 

contractor’s present products, services, or potential capabilities, or designed to 

stimulate the government’s interest in buying such products or services.

Affiliates – Contractors so related that one either directly or indirectly controls or has

the power to control the other, or a third party controls or has the power to control both.

Aggregate – The whole considered with respect to all its parts (i.e., the contract with all 

its modifications).

Amendment – A change in a solicitation before contract award.

Analysis of Trade-Off – The process of identifying and analyzing feasible qualities that 

satisfy or exceed requirement for judiciary requirements. See also: Trade-Off.

Annual Bond or Annual Offer Guarantee – A single bond or offer guarantee in place 

of separate bonds or guarantees to secure all of an offeror's or contractor's obligations 

under offers submitted or contracts entered into during a specific fiscal year.

Anti-Deficiency Act – Requires that no officer or employee of the government may 

create or authorize an obligation in excess of the funds available, or in advance of 

appropriations unless otherwise authorized by law.

As Written – Any worded or numbered expression that can be read, reproduced, and 

later communicated, and includes electronically transmitted and stored information. 

Also referred to as in writing.

Assisted Acquisition – A type of interagency procurement where a servicing agency 

performs procurement activities on a requesting agency’s behalf, such as awarding and 

administering a contract, task order, or delivery order.
Guide to Judiciary Policy, Vol. 14 Glossary Page 3

Bailment Contract – A type of interagency procurement where a servicing agency 

performs procurement activities on a requesting agency’s behalf, such as awarding and 

administering a contract, task order, or delivery order.

Base Year or Base Period – The initial contract term during which the judiciary will 

procure a specific product and/or service.

Basic Quantities – The quantity of a product or service that the judiciary will procure. 

See also: Optional Quantities.

Best and Final Offer (BAFO) – A final opportunity for offerors in the competitive range 

to revise offers.

Best Value – The expected outcome of a procurement that, in the judiciary's estimation, 

provides the greatest overall benefit in response to the requirement.

Bid – This term is not used, since the sealed bid process is not applicable to the 

judiciary. See: Offer or Solicitation.

Bid Bond – See: Offer Bond.

Bid Sample – See: Offer Sample.

Bidder – This term is not used, since the sealed bid process is not applicable to the 

judiciary. See: Offeror.

Bilateral – The equal agreement of both sides, the contractor and contracting officer, 

and accomplished by signature of both parties.

Bilateral Modification – A contract modification that the contractor and the contracting 

officer sign. Bilateral modifications are used to:

(a) make negotiated equitable adjustments resulting from the issuance of a 

change order,

(b) definitize letter contract, and

(c) reflect other agreements of the parties modifying the terms of contracts.

Boiler Plate – A pre-approved format that must be used as it is presented as opposed 

to a shell document, which allows for fill-in information.

Bona Fide Needs Rule – Provides that a fiscal year appropriation may be obligated 

only to meet a legitimate or bona fide need arising in the fiscal year for which the 

appropriation was made.
Guide to Judiciary Policy, Vol. 14 Glossary Page 4

Bond – A written instrument executed by an offeror or contractor (the principal), and a 

second party (the surety), to assure fulfillment of the principal’s obligations to a third 

party (the judiciary), identified in the bond. If the principal’s obligations are not met, the 

bond assures payment, to the extent stipulated, of any loss sustained by the obligee.

Brand-Name – A product description when only one brand-name will satisfy the 

requirement. A brand-name description limits competition to only those sources able to 

provide the particular brand-name. Since competition is limited, a justification for otherthan-full-and-open-competition must be processed and approved before making the 

purchase.

Brand-Name or Equal – A product description that includes a brand-name followed by 

the phrase “or equal”. This means that the particular brand-name will satisfy the 

requirement, but an equal product also will be considered.

Budget Considerations – Budget rules and issues that need to be considered during 

planning.

Cancellation – To annul or invalidate. This is used as in cancellation of a solicitation 

(before award) or the cancellation of a contract (within a contractually specified time) of 

the total requirements of all remaining program years of a multi-year contract. 

Cancellation results when the contracting officer:

(a) notifies the contractor that the judiciary no longer needs the requirement,

(b) notifies the contractor of non-availability of funds for contract performance 

for any subsequent program year; or

(c) fails to notify the contractor that funds are available for performance of the 

succeeding program year requirement.

Change-of-Name Agreement – A legal instrument executed by the contractor and the 

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

the original contractual rights and obligations of the parties. A change-of-name 

agreement involves only a change of the contractor's name. The rights and obligations 

of the parties remain unaffected. The agreement must be executed by the contracting 

officer and the contractor modifying all existing contracts between the parties to reflect 

the change of name. When more is involved than just changing the name, see also: 

Sample Novation Agreement (Appx. 7B).

Change Order – 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.

Change Within Scope – A change allowed within the area covered by the 

procurement.
Guide to Judiciary Policy, Vol. 14 Glossary Page 5

Claim – 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. A 

claim arising under a contract, unlike a claim relating to that contract, is a claim that can 

be resolved under contract clause that provides for the relief sought by the claimant. 

When a claim is in dispute refer to the language of the contract.

Clarification – Limited communication with an offeror for the sole purpose of 

eliminating minor irregularities, informalities, or apparent clerical mistakes in an offer.

Clause – See: Contract Clause.

CO – See: Contracting Officer.

Commercial Item – Any item, other than real property, that is of a type customarily 

used for non-governmental purposes and that has been sold, leased, or licensed to the 

general public; or has been offered for sale, lease, or license to the general public. The 

term also includes installation services, maintenance services, repair services, and 

other services if:

(a) Such services are procured for support of a commercial item, regardless 

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

time as the item; and

(b) The source of such services provides similar services contemporaneously 

to the public under terms and conditions similar to those offered to the 

federal government.

Commercial Item also includes 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, such as commercial training. This 

does not include services that are sold based on hourly rates without an established 

catalog or market price for a specific service performed or a specific outcome to be 

achieved. For purposes of these services:

(a) 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

(b) Market prices means current prices that are established during ordinary 

trade between buyers and sellers free to bargain and that can be 

substantiated through competition or from sources independent of the 

offerors.
Guide to Judiciary Policy, Vol. 14 Glossary Page 6

Commercial Item Offer – An offer of a commercial off-the-shelf item that the vendor 

wishes to see introduced in the government’s supply system as an alternate or a 

replacement for an existing product. This term does not include innovative or unique 

configurations or uses of commercial items that are being offered for further 

development and that may be submitted as an unsolicited offer. The term also includes 

an offer of commercial services as described under the definition of commercial item.

Commercial Use Agreements – Requests by contractors for procurement and 

contracting officials to sign agreement to terms and conditions not specified in the 

procurement or contractual document.

Compensation – A payment or reimbursement whether monetary or otherwise.

Competition Threshold – For the judiciary, see: Guide, Vol. 14, § 325.15.10. Note:

For GSA federal supply schedules and other federal agency contracts refer to those 

agency contracts or their regulations.

Competitive Procedures – The procedures under which the judiciary enters into a 

contract under full and open competition.

Competitive Range – The offerors selected who have a reasonable chance of being 

awarded a contract after offer evaluation, based on total cost and other factors stated in 

the solicitation. The competitive range is established for the purpose of conducting oral 

or written discussions with these offerors and for requesting best and final offers.

Compliance – Meeting all technical, contractual, and price/cost requirements of a 

solicitation. A synonym for conformance.

Component – Any item supplied to the judiciary as a part of an end item or of another 

component.

Composite Rating – The combined representation of an offer’s technical merit after 

considering all evaluation factors, significant sub-factors, and their relative importance.

Computer Database – 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 – 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 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. The term does not include computer databases or 

computer software documentation.
Guide to Judiciary Policy, Vol. 14 Glossary Page 7

Computer Software Documentation – Information, including computer listings and 

printouts in human-readable form that:

(a) documents the design or detail of computer software,

(b) explains its capabilities, or

(c) provides operating instructions for using it.

Conflict of Interest – Because of other activities or relationships with other persons:

(a) a person or organization is unable or potentially unable to render impartial 

assistance or advice to the judiciary,

(b) a person’s or organization’s objectivity in performing the contract work is 

or might be otherwise impaired, or

(c) a person or organization has an unfair competitive advantage.

Conformance – Meeting all technical, contractual, and price/cost requirements of a 

solicitation. A synonym for compliance.

Consent of Surety – An acknowledgment by a surety that its bond continues to apply 

to the contract as modified.

Consideration – In contract law, consideration is something of value. It may be money, 

an act, or a promise. It is one of the key elements required to have a binding contract.

Construction – Construction, alteration, or repair of any public building or public work 

in the United States.

Construction Contract – Any contract for construction.

Construction Work – The construction, rehabilitation, alteration, conversion, extension, 

demolition, or repair of buildings, highways, or other changes or improvements to real 

property, including facilities providing utility services. The term also includes the 

supervision, inspection, and other on-site functions incidental to the actual construction.

Construction, Alteration, or Repair – All types of work done on a particular building or 

work at the building site, including without limitation:

• altering, remodeling, installation (if appropriate) on the site of the work of 

items fabricated offsite;

• painting and decorating;
Guide to Judiciary Policy, Vol. 14 Glossary Page 8

• transporting materials and supplies to or from the building or work by the 

employees of the construction contractor or construction subcontractor; and

• manufacturing or furnishing materials, articles, products, or equipment on the 

site of the building, or work by persons employed by the contractor or 

subcontractor.

Constructive Change – A government action or inaction that constitutes an 

unauthorized modification of contract requirements. The contracting officer may be 

required to follow ratification procedures, before considering formalization of the 

modification. This must be avoided.

Consultant – A person who provides views or opinions on problems but does not 

supervise or carry out operating functions. The person or business entity serves 

primarily as an adviser to an officer or instrumentality of the judiciary, rather than an 

officer or employee who carries out the judiciary’s duties and responsibilities. 

Generally, a consultant has a high degree of broad administrative, professional, or 

technical knowledge or experience that must make the advice distinctively valuable to 

the agency.

Consultant Conflict of Interest – See: Conflict of Interest.

Continued Portion of the Contract – The portion of a partially terminated contract that 

the contractor must continue to perform.

Contract – A mutually binding legal relationship obligating the seller to furnish the 

products or services and the buyer to pay for them. It is any understanding that can be 

legally enforced, formed by two or more parties who promise to perform or to refrain 

from performing some act. For purposes of judiciary procurement, a contract exists 

when there is a bilateral agreement; a unilateral order (such as a purchase order) by the 

judiciary that becomes effective upon performance by the other party; or a binding order 

under an agreement. A contract includes all types of commitments that obligate the 

judiciary 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; delivery orders or task orders, issued 

under Blanket Purchase Agreements (BPAs); 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.

Contract Action – An action resulting in a contract, including contract modifications for 

additional products or services, but not including contract modifications that are within 

the scope and under the terms of the contract, such as contract modifications issued 

under the Changes clause, or funding and other administrative changes.
Guide to Judiciary Policy, Vol. 14 Glossary Page 9

Contract Administration – Management of a contract to ensure that the judiciary 

receives the products and services specified within established costs and schedules.

Contract Administration File – File that contains the documentation supporting all 

actions reflecting the basis for and the performance of contract administration 

responsibilities. Included are the copy of the contract and all modifications, together 

with official record copies of supporting documents executed by the contract 

administration office.

Contract Administration Office – An office that performs assigned post-award 

functions related to the administration of contracts.

Contract Administrator – An individual who acts as an agent for the contracting officer 

in administration matters. The contracting officer is the signature authority for any 

administration actions.

Contract Clause – A term or condition used in solicitations and contracts and applying 

before and after contract award.

Contract Closeout – Action taken to close the contract and dispose of the contract file 

after receipt of evidence of physical contract completion.

Contract Date – The effective date of a contract or modification.

Contract Elements – To be legally enforceable, a contract must include the following: 

an offer, an acceptance, consideration, execution by competent parties, legality of 

purpose, and clear terms and conditions.

Contract Modification – Also referred to as a modification. Any written change in the 

terms of a contract. See: Modification.

Contract Option – See: Option.

Contract Price – The award price of a contract. The total amount of a contract for the 

term of the contract (excluding options, if any).

Contract Specialist – An individual who assists the contracting officer and completes 

procurement actions up to the point of signature. The actual final approval and 

signature is accomplished by a certified contracting officer.

Contracting – Purchasing, renting, leasing, or otherwise obtaining products or services 

from non-federal sources. Contracting includes description (but not determination) of 

products 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.
Guide to Judiciary Policy, Vol. 14 Glossary Page 10

Contracting Action – An action resulting in a contract, including contract modifications 

for additional products or services, but not including contract modifications that are 

within the scope and under the terms of the contract, such as contract modifications 

issued under the contract Changes clause, or funding and other administrative changes.

Contracting by Negotiation – Contracting using offers and discussions. The 

procedure includes the receipt of offers, permits bargaining, and usually affords offerors 

an opportunity to revise their offers before award of a contract.

Contracting Office – An office that awards or executes a contract for products or 

services and performs post-award functions not assigned to a contract administration 

office. Any contracting office that the procurement is transferred to, such as another 

division of the judiciary.

Contracting Officer (CO) – A person with the authority to enter into, administer, and/or 

terminate contracts and make related determinations and findings. A single contracting 

officer may be responsible for duties in any or all of these areas. A person who has 

direct purchasing authority or has been delegated purchasing authority. The CO is the 

only judiciary employee who is delegated authority to legally commit the judiciary to the 

purchase of products and services. The judiciary COs are delegated authority under 

the Contracting Officers Certification Program (COCP). See: Guide, Vol. 14, § 140.

Contracting Officers Certification Program (COCP) – The judiciary’s program for 

certifying contracting officers. See: Guide, Vol. 14, § 140.

Contracting Officer’s Representative (COR) – An individual to whom the CO 

delegates certain contract administration responsibilities. The CO makes the delegation 

in writing with a copy furnished to the contractor. The designation does not include any 

authority to make any commitments or changes that affect price, quality, quantity, 

delivery, or other terms and conditions of the contract. At the judiciary, the designation 

was previously referred to as COTR.

Contractor – Any individual or other legal entity that directly or indirectly (e.g. through 

an affiliate), submits offers for or is awarded, or reasonably may be expected to submit 

offers for or be awarded, a judiciary contract, including a contract for carriage under 

government or commercial bills of lading, or conducts business or reasonably may be 

expected to conduct business, with the judiciary as an agent or representative of 

another contractor.

Contractor-Acquired Property – Property acquired or otherwise provided by the 

contractor for performing a contract and to which the judiciary has title.

Contractor Offer Information – Any of the following information submitted to the 

judiciary as part of or in connection with an offer to enter into a judiciary procurement 

contract, if that information has not been previously disclosed publicly:
Guide to Judiciary Policy, Vol. 14 Glossary Page 11

(a) cost or pricing data;

(b) indirect costs and direct labor rates;

(c) proprietary information about manufacturing processes, operations, or 

techniques marked by the contractor consistent with applicable law or 

regulation; and

(d) information marked by the contractor as contractor offer information, 

consistent with applicable law or regulation.

Contribution – A concept, suggestion, or idea presented to the government for its use 

with no indication that the source intends to devote any further effort to it on the 

government’s behalf.

Cost – The amount of money (estimated before award, actual after award) incurred for 

performance consistent with contract terms and conditions.

Cost Analysis – The review and evaluation of the separate cost elements and 

proposed profit of an offeror's or contractor's cost or pricing data — and the judgmental 

factors applied in projecting from the data to the estimated costs to form an opinion on 

the degree to which the proposed costs represent what the contract will probably cost, 

assuming reasonable economy and efficiency.

Cost Evaluation Panel (CEP) – The individuals responsible, during the source 

selection process, for performing the total cost evaluation of offers submitted in 

response to a solicitation.

Cost or Pricing Data – All facts as of the time of price agreement that prudent buyers 

and sellers would reasonably expect to significantly affect price negotiations. Cost or 

pricing data are factual, not judgmental, and are therefore verifiable. While they do not 

indicate the accuracy of the prospective contractor's judgment about estimated future 

costs or projection, 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 such 

factors as:

(a) supplier quotations;

(b) nonrecurring costs;

(c) information on changes in production methods and in production or 

purchasing volume;

(d) data supporting projections of business prospects and objectives and 

related operating costs;
Guide to Judiciary Policy, Vol. 14 Glossary Page 12

(e) unit-cost trends such as those associated with labor efficiency;

(f) make-or-buy decisions;

(g) estimated resources to attain business goals;

(h) information on management decisions that could have a significant 

bearing on costs; and

(i) historical actual costs for the same or similar items.

Cost Realism – Measuring the degree to which estimated or projected costs will 

represent actual costs of contract performance.

Cost-Reimbursable Contract – A contract that provides for payment of allowable 

incurred costs to the extent prescribed in the contract.

Court Unit – A term used to refer to courts of appeals, circuit offices, district courts, 

bankruptcy courts, bankruptcy administrator offices, and probation and pretrial services 

offices, along with their constituent units.

Data – Recorded information, regardless of form or the medium on which it may be 

recorded. The term includes technical data and computer software. The term does not 

include information incidental to contract administration, such as financial, 

administrative, cost or pricing, or management information.

Day – For purposes of the notification process, means calendar day. When it is 

designated as a working day or business day, then the period will include any day which 

is not a Saturday, Sunday, or legal holiday.

Debarment – An action taken by a debarring official to exclude a contractor from 

government contracting and government-approved subcontracting for a reasonable, 

specified period.

Debarred – Excluded from government contracting and government-approved 

subcontracting for a reasonable, specified period of time commensurate with the 

seriousness of the offense or failure, or the inadequacy of performance.

Debriefing – Discussions with a losing offeror about the strengths and weaknesses of 

its offer as compared to the award criteria.

Defect – Any condition or characteristic in any products or services furnished by the 

contractor under the contract that is not in compliance with the requirements of the 

contract.

Deficiency – Any part of an offer that fails to satisfy the judiciary’s requirements.
Guide to Judiciary Policy, Vol. 14 Glossary Page 13

Delegated Procurement Level – The COCP Level of the contracting officer which 

describes the authority which is delegated to that contracting officer.

Delegation Level – See: Delegated Procurement Level.

Delegation of Procurement Authority – Authority to contract for judiciary products and 

services.

Delivery Order – An order for products placed against an established contract or with 

government sources.

Delivery Schedule – Specifics in the procurement for the delivery mode, where and 

when the product is to be delivered.

Descriptive Literature – Information furnished by offerors as a part of their offers to 

describe the products offered, such as cuts, illustrations, drawings, and brochures that 

shows the characteristics or construction of a product or explains its operation. The 

term includes only information required to determine acceptability of the product. It 

excludes other information such as that furnished in connection with the qualifications of 

an offeror or for use in operating or maintaining equipment.

Designated Transition Procurement Official – An individual who is assigned the 

contracting officer duties during the transition program as specified in the Guide.

Desirable Items/Features – Items or features that may represent value to the judiciary, 

but are not mandatory for an offer to be in compliance with a solicitation.

Deviation – A request for a change from the prescribed procedures. To be effective, 

the deviation must be approved on a signed waiver from the PE.

Direct Acquisitions – 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.

Director – Refers to the Director of the Administrative Office of the United States 

Courts.

Discount for Prompt Payment – An invoice payment reduction voluntarily offered by 

the contractor, in conjunction with the Discounts for Prompt Payment clause, if payment 

is made by the judiciary before the due date. The due date is calculated from the date 

of the contractor’s invoice. If the contractor has not placed a date on the invoice, the 

due date is calculated from the date the designated billing office receives a proper 

invoice, provided the judiciary annotates such invoice with the date of receipt at the time 

of receipt. When the discount date falls on a Saturday, Sunday, or legal holiday when 
Guide to Judiciary Policy, Vol. 14 Glossary Page 14

judiciary offices are closed and judiciary business is not expected to be conducted, 

payment may be made on the following business day and a discount may be taken.

Discussions – Oral or written communications between the judiciary and an offeror that 

involve information essential for determining the acceptability of an offer and provide an 

offeror an opportunity to revise or modify its offer. In negotiations, it occurs after 

establishment of the competitive range that may, at the contracting officer’s discretion, 

result in the offeror being allowed to revise its proposal. See also: Best and Final Offer 

(BAFO).

DUNS – Data Universal Numbering System (Note: In April 2022, the federal 

government stopped using the DUNS number to uniquely identify entities.) See: 

Unique Entity Identifier.

Effective Competition – See: Adequate Price Competition.

Electronic Funds Transfer (EFT) – 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.

Ethics – See: Procurement Integrity and Ethics.

Evaluated Optional Items/Features – Items/features that must be offered and 

evaluated, but that the judiciary may acquire at its option at a date later than contract 

award.

Evaluation Criteria – See: Evaluation Factors.

Evaluation Factors – The standards by which the value of an offer is assessed. The 

aspects of an offer are evaluated quantitatively or qualitatively to arrive at an integrated 

assessment as to which offer can provide the best solution to meet the judiciary’s 

requirements as described in the solicitation. The terms evaluation factors and 

evaluation criteria are used interchangeably. See: Guide, Vol. 14, § 210.70.50.

Evaluation Panel – A panel of requirement activity individuals, usually with technical 

knowledge and experience, to rate the offers using the evaluation criteria specified in 

the solicitation. See: Guide, Vol. 14, § 210.70.40.

Excess Property – Any personal property under the control of the judiciary that is 

determined to be not required for its needs and for the discharge of its responsibilities.
Guide to Judiciary Policy, Vol. 14 Glossary Page 15

Execution – The final consummation of a contract action including all formalities (e.g., 

signature and any necessary approvals) needed to complete the action.

Expert – A person who is specially qualified by education and experience to perform 

difficult and challenging tasks in a particular field beyond the usual range of 

achievement of competent persons in that field. An expert is regarded by other persons 

in the field as an authority or practitioner of unusual competence and skill in a 

professional, scientific, technical, or other activity.

Fair Market Price – See: Fair and Reasonable Price.

FedBizOpps – FBO has moved to SAM.gov and is known as Contract Opportunities. 

See: SAM website.

Federal Supply Schedule (FSS) – Publications issued by the General Services 

Administration (GSA) schedule contracting office containing the information for placing 

delivery or task orders under indefinite delivery contracts (including requirements 

contracts) established with commercial firms to obtain commonly used commercial 

products and services associated with volume buying. Ordering officers issue delivery 

or task orders directly to the schedule contractors. See also: GSA Advantage!.

Fee – The portion of total remuneration to a contractor over and above allowable costs. 

Also called profit.

Fidelity Bond – A bond to assure the faithful performance of an employee's duties to 

his or her employer and the employer's clients. The bond is used to cover losses such 

as employee thefts or embezzlements.

Firm Fixed-Price Contract – A contract that provides for a price that is not subject to 

any adjustment on the basis of the contractor’s cost experience in performing the 

contract. See also: Fixed-Price Contract.

Firmware – Hardware-embedded and hardware-oriented programming that is used for 

machine control, error recovery, mathematical functions, applications programs, and the 

like, including firmware furnished with a computer, commercially available proprietary 

firmware acquired separately, and all related vendor documentation and manuals.

Fixed-Price Contract – A contract that provides for a firm price, or in appropriate 

cases, an adjustable price.

F.o.b. (Free on Board) – Used in conjunction with a physical point to determine:

(a) the responsibility and basis for payment of freight charges; and

(b) unless otherwise agreed, the point where title for goods passes to the 

buyer or consignee.
Guide to Judiciary Policy, Vol. 14 Glossary Page 16

F.o.b. destination (Free on Board at destination) – Delivery, free of expense to the 

judiciary, to a destination specified in the purchase document (i.e., the seller or 

consignor delivers the goods on seller's or consignor's conveyance at destination). 

Cost of shipping and risk of loss are borne by the seller or consignor.

F.o.b. origin (Free on Board at origin) – The seller or consignor places the goods on 

the conveyance by which they are to be transported. The judiciary pays for the pick-up, 

transportation, and delivery to the required destination. Cost of shipping and risk of loss 

are borne by the judiciary.

Form, Fit, and Function Data – Data relating to an item component, or process that 

are sufficient to enable physical and functional interchangeability, and data identifying 

source, size, configuration, mating and attachment characteristics, functional 

characteristics, and performance requirements; except that for computer software, it 

means data identifying origin, functional characteristics, and performance requirements 

but specifically excludes the source code, algorithm, process, formulas, and machinelevel flow charts of the computer software.

Formal Source Selection – A structured, compartmented process that uses a source 

selection panel for evaluating offers and selecting the source(s) for contract award. The 

source selection panel is frequently structured to include at least three individuals to 

accomplish offer evaluation, comparative analysis of the offers, and source selection. 

The source selection authority is at a management level above that of the contracting 

officer.

Fraud – Acts of fraud or corruption or attempts to defraud the government or to corrupt 

its agents; which constitute a cause for debarment or suspension; and which violate the 

False Claims Act.

Freedom of Information Act – Does not apply to the judiciary. However, as a matter 

of policy, and to the extent that it is in the best interest of the judiciary, procurement 

documents that would be released under FOIA may be released upon request.

Full and Open Competition – All responsible sources are permitted to compete for a 

procurement.

Functional Requirement – A requirement in which the judiciary describes functions to 

be performed and offerors propose appropriate solutions.

General Accounting Office (GAO) Protest – A procurement protest made to the 

General Accounting Office. See also: Judiciary Protest.

General Wage Determination – Contains prevailing wage rates for the types of service 

designated in the determination, and is used in contracts performed within a specified 

geographical area. General wage determinations contain no expiration date and remain 

valid until modified, superseded, or canceled by a notice in the Federal Register by the 
Guide to Judiciary Policy, Vol. 14 Glossary Page 17

Department of Labor. Once incorporated in a contract, a general wage determination 

normally remains effective for the term of the contract. When options are exercised an 

updated wage determination must be requested from the Department of Labor and 

modified into the contract.

Gifts – See: Gratuities or Gifts.

Go/No-Go Standard – A standard of comparison defined so that proposals either 

satisfy an evaluation factor completely or fail to meet it.

Government – Also referred to as entity of the government. Any entity of the legislative 

or judicial branch, any executive agency, military department, government corporation, 

or independent establishment, the U.S. Postal Service, or any non-appropriated-fund 

instrumentality of the Armed Forces.

Governmentwide Acquisition Contract (GWAC) – A task order or delivery order 

contract for information technology established by one agency for governmentwide use 

that is operated:

(a) by an executive agent designated by the Office of Management and 

Budget (OMB), or

(b) under a delegation of authority issue by the General Services 

Administration (GSA).

The Economy Act does not apply to orders under a GWAC.

Governmentwide Point of Entry (GPE) – A daily publication that lists the 

government’s proposed contract actions, contract awards, subcontracting leads, sales, 

surplus property, and foreign business opportunities. See also: SAM website.

Gratuities or Gifts – Items of value given to judiciary employees.

GSA Advantage! – An on-line shopping service that enables purchasing offices to 

search product information, review delivery options, place orders directly with 

contractors and pay contractors for orders using the purchase card. The service may 

be accessed through the GSA Federal Supply Service Home Page.

GSA Competition Threshold – The threshold at which GSA contract actions must be 

competed ($10,000).

Hire – See: Leasing.

In Writing – See: As Written.

Incumbent Contractor – Current contractor on an ongoing contractual requirement 

program.
Guide to Judiciary Policy, Vol. 14 Glossary Page 18

Ineligible – Excluded from contracting and subcontracting under statutes, executive 

orders, or regulations of government agencies, such as the Davis-Bacon Act, the 

Service Contract Act, and the Walsh-Healey Public Contracts Act.

Information Technology – 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. 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.

Inherently Governmental Function – A function that is so intimately related to the 

public interest as to mandate performance by government employees. An inherently 

governmental function includes activities that require either the exercise of discretion in 

applying government authority (i.e., the act of governing), or the making of value 

judgments related to government monetary transactions and entitlements, and in 

making decisions for the government.

Inspection – Examining and testing products or services (including, when appropriate, 

raw materials, components, and intermediate assemblies) to determine whether they 

conform to contract requirements.

Insurance – 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.

Integrity – See: Procurement Integrity and Ethics.

Interagency Agreement (IA) – A document authorizing the obligation of appropriated 

funds to provide goods or services to, or obtain goods or services from, another federal 

agency. (Note: This definition does not include IAs for details of personnel by the 

judiciary to or from another federal agency. See: Guide, Vol. 12, § 510.70 (Interagency 

Agreements and Memoranda of Understanding (MOU)).)

Interagency Agreement (IA) Determination and Finding – A document for Economy 

Act IAs, which is prepared by the requesting office and signed by the CO, to explain 

how:

(a) using an IA to obtain products or services under the Economy Act 

(31 U.S.C. § 1535) is in the judiciary’s best interest; and

(b) the products or services cannot be provided by contract as conveniently or 

cheaply by a commercial enterprise.
Guide to Judiciary Policy, Vol. 14 Glossary Page 19

See: Guide, Vol. 14, § 550.40.20 (Economy Act Determination and Finding).

Interested Party – A prime contractor or an actual or prospective offeror whose direct 

economic interest would be affected by the award of a subcontract or by the failure to 

award a subcontract. For the purpose of filing a protest, an actual or prospective offeror 

whose direct economic interest would be affected by the award of a contract or by 

failure to award a contract.

Invitation for Bid (IFB) – This term is not used in the judiciary, because it refers to 

sealed bidding procedures. Outside the judiciary, it is a contracting officer’s invitation to 

vendors to respond with a bid.

Invoice – A contractor's bill or written request for payment under the contract for 

products delivered or services performed. See also: Proper Invoice.

Invoice Payment – A judiciary disbursement of monies to a contractor under a contract 

or other authorization for products or services accepted by the judiciary. This includes 

payments for partial deliveries that have been accepted by the judiciary and final cost or 

fee payments where amounts owed have been settled between the judiciary and the 

contractor.

Javits-Wagner-O’Day Act (JWOD) – Requires the judiciary to purchase products or 

services on the Procurement List, at prices established by the Committee, from JWOD 

participating nonprofit agencies if they are available within the period required. Also 

National Industries for the Blind (NIB) and NISH.

JIT Funds – Judiciary Information Technology Funds.

Judiciary-Furnished Property – Property in the possession of, or directly acquired by, 

the judiciary and subsequently made available to the contractor. It includes materials or 

other property to contractors in performance of their contracts when doing so will result 

in significant economies, standardization, expedited production, or when it is otherwise 

in the judiciary's interest.

Judiciary Organizations – See: Guide, Vol. 14, § 110.40(a) for a list of Judicial 

Branch organizations to which Guide, Vol. 14 (Procurement) applies.

Judiciary Property – All property owned by or leased to the judiciary or acquired by the 

judiciary under the terms of the contract. It includes both judiciary-furnished property 

and contractor-acquired property. See also: Judiciary-Furnished Property.

Judiciary Protest – A procurement protest made to the contracting office. See also: 

General Accounting Office (GAO) Protest.

Judiciary Purchase Card Program – A purchase card, similar to a commercial credit 

card, issued to authorized judiciary personnel to use to acquire and to pay for products 
Guide to Judiciary Policy, Vol. 14 Glossary Page 20

and services. See: Guide, Vol. 14, § 140 (Contracting Officers Certification Program 

(COCP)) as it relates to purchase card authorized use. See also: Judiciary Purchase 

Card Program Manual.

Judiciary’s Small Purchase Threshold – A limitation specifying that open market 

purchases must not exceed. See: Guide, Vol. 14, § 325.10.

Justification for an Exception to Fair Opportunity (JEFO) – A document to justify 

and obtain approval for contract solicitations that limit competition for Delivery Order or 

Task Orders. See: Guide, Vol. 14, § 410.30.73.

Justification for Limited Open Market Competition (JLOC) – A document to justify

and obtain approval for contract solicitations that use other than Full and Open Market 

Competition. See: Guide, Vol. 14, § 335.60.30.

Labor-Hour Contract – A variation of the time-and-materials contract, differing only in 

that materials are not supplied by the contractor.

Late Offer – An offer received in the office designated in the RFP, RFQ, or RFI after the 

exact time set for receipt.

Leasing – Also referred to as rent or hire. Procurement from private or commercial 

sources other than by purchase.

Limited Rights – The rights of the judiciary in limited rights data, as provided in a 

Limited Rights Notice if included in a data rights clause of the contract.

Limited Rights Data – Data, other than computer software, developed at private 

expense.

Limited Source Justification (LSJ) – A document to justify and obtain approval for

limiting sources in a procurement that exceeds the GSA’s micro-purchase threshold at 

either the order or BPA level. See: Guide, Vol. 14, § 310.50.63 (Limiting Sources on 

Orders Placed Under Federal Supply Schedules) and § 310.50.66 (Limiting Sources 

Based on Item Particular to One Manufacturer (Brand Name)).

Liquidated Damages – A contractual remedy which may be used when there are 

delays in contract delivery or performance and when such delays are solely attributable 

to the contractor.

List of Parties Excluded From Federal Procurement and Non-procurement 

Programs – A list compiled, maintained and distributed by the General Services 

Administration (GSA) containing the names and other information about parties, 

debarred, suspended, or voluntarily excluded under the Non-procurement Common 

Rule, those proposed for debarment, and determined to be ineligible.
Guide to Judiciary Policy, Vol. 14 Glossary Page 21

Lowest Price Technically Acceptable – An evaluation process that is appropriate 

when best value is expected to result from selection of the technically acceptable 

proposal with the lowest evaluated price.

Market Research – Collecting and analyzing information about capabilities within the 

market to satisfy judiciary needs.

Memorandum of Agreement (MOA) – A document describing the specific 

responsibilities and actions to be taken by the judiciary and the other federal agency to 

achieve the agreement’s goals. (Note: MOAs by themselves may not be used to 

obligate funds. An accompanying IA, contract, or other lawful instrument is needed to 

do so.)

Memorandum of Understanding (MOU) – A document describing very broad concepts 

of mutual understanding, goals, and plans shared by the parties. MOUs establish an 

understanding between the judiciary and another federal agency. (Note: MOUs by 

themselves may not be used to obligate funds; an accompanying IA, contract, or other 

lawful instrument is needed to do so. This definition does not include MOUs for details 

of personnel by the judiciary to or from another federal agency. See: Guide, Vol. 12, 

§ 510.70 (Interagency Agreements and Memoranda of Understanding (MOU)).)

Micro-Purchase Threshold – This is not a judiciary term. However, a micro-purchase 

threshold does apply to the judiciary when purchasing from another agency contract. 

Then, the judiciary must abide by the terms of the other agency’s contract, including its 

micro-purchase threshold for competitive purposes.

Minor Nonconformance – A nonconformance that is not likely to materially reduce the 

usability of the products or services for their intended purpose, or is a departure from 

established standards having little bearing on the effective use or operation of the 

products or services.

Modification – A written alteration in the specifications, delivery point, rate of delivery, 

contract period, price, quantity or other provisions of an existing contract whether made 

unilaterally under a provision in the contract or bilaterally by the parties to the contract. 

It includes such bilateral actions as supplemental agreements, and such unilateral 

actions as change orders, administrative changes, notice of termination, and exercise of 

options.

Must – This is imperative.

National Industries for the Blind (NIB) – A nonprofit agency designated to represent 

people who are blind in government contracting under the Javits-Wagner-O’Day Act.

Negotiation – An exchange, in either a competitive or sole source environment, 

between the judiciary and offerors that are undertaking with the intent of allowing the 
Guide to Judiciary Policy, Vol. 14 Glossary Page 22

offeror to revise its proposal. The discussion between the contracting officer and the 

offeror will determine final terms, conditions, prices, etc. acceptable to both parties.

NISH – A nonprofit agency designated to represent participating nonprofit agencies 

serving people with severe disabilities other than blindness in government contracting 

under the Javits-Wagner-O’Day Act.

No-Cost Contract – A contract between the judiciary and a vendor under which no 

monetary payment is made by the judiciary for the vendor’s performance. Under a 

typical no-cost contract, instead of receiving compensation from the judiciary, the 

vendor charges and retains fees (assessed against third parties) for its services or an 

alternative form of consideration is present.

No-Cost Settlement – A termination settlement at no cost to the judiciary or the 

contract.

Noncompetitive Open Market Threshold – See: Open Market Small Purchase 

Threshold With or Without Competition.

Nonconforming Products or Services – Products or services that do not conform in 

all respects to contract requirements.

Nonpersonal Services Contract – A contract under which the personnel rendering the 

services are not subject, either by the contract’s term or the manner of its 

administration, to the supervision and control usually prevailing in relationships between 

the judiciary and its employees.

Nonseverable services – Services that constitute a specific, entire job with a defined 

end-product that cannot feasibly be subdivided for separate performance in each fiscal 

year, essentially a single undertaking which, by its nature, cannot be separated for 

performance in separate fiscal years. Contracts for nonseverable services should be 

financed entirely out of the appropriation current at the time of award, notwithstanding 

that performance may extend into future years. Examples of nonseverable services 

include studies, reports, overhaul of an engine, and painting a building.

Novation Agreement – A legal instrument executed by the contractor (transferor); 

successor in interest (transferee); or government; by which, among other things, the 

transferor guarantees delivery or performance of the contract, the transferee assumes 

all obligations under the contract, and the government recognizes the transfer of the 

contract and related assets. A novation agreement involves recognizing a third party as 

the successor in interest when the third party’s interest arises out of the transfer of all of 

the contractors’ assets, or the entire portion of the assets involved in performing the 

contract. See: Guide, Vol. 14, Appx. 7B (Sample Novation Agreement).

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

the resultant contract. A response to a request for quotations is a quote not an offer. 
Guide to Judiciary Policy, Vol. 14 Glossary Page 23

See also: Request for Information, Request for Proposals, and Request for Quotations. 

An offer may be made in response to a solicitation or may be unsolicited. See also: 

Solicitation and Quote.

Offer Bond – A bond given to serve as an offer guarantee in connection with an 

individual offer or with offers submitted during a specific fiscal year.

Offer Evaluation – An integrated assessment, using total cost and other evaluation 

factors and standards, of each offeror’s ability to satisfy the requirements of a 

solicitation. It is the process of examining each proposal against the requirements of 

the solicitation and rating its response to each factor identified in the solicitation based 

on an assessment of merit and/or compliance with established requirements.

Offer Guarantee – A firm commitment, such as an offer bond, a postal money order, a 

certified check, a cashier's check, an irrevocable letter of credit, or certain bonds or 

notes of the United States, accompanying an offer as assurance that the offeror will, 

upon acceptance of the offer, execute required contractual documents and promptly 

provide necessary bonds.

Offer Sample – A sample to be furnished by an offeror with its offer to show the 

characteristics of the product offered.

Offeror – Any person who has submitted an offer. An offeror is one who is offering a 

product or service for a price.

Office of the General Counsel (OGC) – An office of the Administrative Office of the 

U.S. Courts that provides legal advice and opinions.

Open Market – Pricing received that is not specific to any contractual agreement, i.e.,

not on a GSA schedule, a judiciary wide contract, or a contract from another federal 

agency.

Open Market Small Purchase Threshold With or Without Competition – The 

judiciary has established an open market small purchase threshold of $10,000. Open 

market purchases for $10,000 or less may be made without obtaining competitive 

quotations when the contracting officer determines the price to be reasonable.

Option – A unilateral right in a contract by which, for a specified time, the government 

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

elect to extend the term of the contract.

Optional Quantities – Quantities in addition to basic quantities that the judiciary may 

acquire at its option.

Optional Periods – Time beyond the base period during which the judiciary may 

acquire products or services at its option.
Guide to Judiciary Policy, Vol. 14 Glossary Page 24

Oral Presentation – A meeting at which an offeror presents information to evaluators 

and the contracting officer that validates its offer.

Organizational Conflict of Interest – See: Conflict of Interest.

Outlying Area – The group of U.S. commonwealths, territories, and islands listed 

below:

(a) Commonwealths

• Puerto Rico

• Northern Mariana Islands

(b) Territories

• American Samoa

• Guam

• U.S. Virgin Islands

(c) Minor Outlying Islands

• Baker Island

• Howland Island

• Jarvis Island

• Johnston Atoll

• Kingman Reef

• Midway Islands

• Navassa Island

• Palmyra Atoll

• Wake Atoll

Partial Payments – Payments for accepted products and services that are only a part 

of the contract requirements are authorized under law. Although partial payments 

generally are treated as a method of a payment and not as a method of contract 

financing, using partial payments can assist contractors to participate in judiciary 

contracts without, or with minimal, contract financing.

Past Performance – A contractor’s performance evaluations. It is relevant information, 

for future source selection purposes, regarding a contractor’s actions under previously 

awarded contracts. It includes, for example, the contractor’s record of conforming to 

contract requirements and to standards of good workmanship; the contractor’s record of 

forecasting and controlling costs; the contractor’s adherence to contract schedules, 

including the administrative aspects of performance; the contractor’s history of 

reasonable and cooperative behavior and commitment to customer satisfaction; and 

generally, the contractor’s business-like concern for the interest of its customer.
Guide to Judiciary Policy, Vol. 14 Glossary Page 25

Patent Infringement Bond – A bond given as security for a contractor's obligations 

under a patent clause.

Payment – Is an essential contract element (i.e., consideration). It satisfies the 

judiciary’s obligation to compensate the contractor according to the terms of the 

contract.

Payment Bond – A bond which assures payments as required by law to all persons 

supplying labor or material in the prosecution of the work provided for in the contract.

PE – See: Procurement Executive, PMD.

Penal Amount or Penal Sum – The amount of money specified in a bond as the 

maximum payment for which the surety is obligated or the amount of security required 

to be pledged to the judiciary in lieu of a corporate or individual surety for the bond.

Performance-Based Contracting – Structuring all aspects of a procurement around 

the purpose of the work to be performed with the contract requirements provided in 

clear, specific, and objective terms which contain measurable outcomes. This is as 

opposed to either the manner by which the work is to be performed or broad and 

imprecise statements of work.

Performance Bond – A bond which secures performance and fulfillment of the 

contractor’s obligations under the contract.

Performance Measures – Standards by which a contractor’s work can be measured.

Performance Schedule – Specifics in the procurement for the delivery mode, where 

and when the service is to be performed.

Personal Services Contract – A contract that, by its express terms or as administered, 

makes the contractor personnel appear to be, in effect, government employees. The 

judiciary uses this type of contract very cautiously.

PLO – See: Procurement Liaison Officer.

PMD – See: Procurement Management Division (PMD).

PO – See: Purchasing Office.

Post-Award Conference – A meeting of judiciary and contractor representatives after 

award of a contract and before commencement of work to discuss significant elements 

of administering the contract including any unusual or significant contract requirements 

(e.g., labor clause requirements).
Guide to Judiciary Policy, Vol. 14 Glossary Page 26

Post-Award Letter – A letter or other written form of post-award orientation. It must 

identify the judiciary representative responsible for administering the contract and cite 

any unusual or significant contract requirements.

Post-Award Orientation – A post-award conference, letter, or other form of written 

communication to aid both the judiciary and contractor personnel to achieve a clear and 

mutual understanding of all contract requirements, and to identify and resolve potential 

problems.

Preliminary Meeting – A meeting to prepare judiciary representatives for a post-award 

conference. Purposes include to:

• establish an understanding of conference roles and responsibilities,

• develop a conference agenda,

• form a unified judiciary team, and

• identify any unusual or significant contract requirements.

Price – Cost plus any fee or profit applicable to the contract type; the process of 

examining and evaluating a proposed price without evaluating its separate cost 

elements and proposed profit. The amount paid for a product or service.

Price Analysis – The process of examining and evaluating a proposed price without 

evaluating its separate cost elements and proposed profit.

Price-Related Factors – Elements that are quantified and used with price to determine 

the most advantageous offer for the judiciary. They include:

(a) foreseeable costs or delays to the judiciary resulting from such factors as 

differences in inspection, locations of products, and transportation;

(b) changes made, or requested by the offeror, in any of the provisions of the 

RFQ, if the change does not constitute grounds for offer rejection;

(c) advantages or disadvantages to the judiciary that might result from making 

more than one award; and

(d) federal, state, and local taxes which are not exempted.

Prime Contractor – A firm that is the responsible contractor under a contract, but who 

has portions of the products or services provided by one or more sub-contractors.

Procurement – All stages involved in the process of procuring products or services, 

beginning with the determination of a need for products or services and ending with 

contract completion or closeout. It involves the procuring by purchase order, delivery 

order, task order, or contract of products or services with appropriated funds, by and for 

the use of the judiciary, through purchase or lease, whether the products or services are 
Guide to Judiciary Policy, Vol. 14 Glossary Page 27

already in existence or must be created, developed, demonstrated, and evaluated. 

Procurement begins at the point when judiciary needs are established and includes the 

description of requirements to satisfy judiciary needs, solicitation and selection of 

sources, award, financing, performance, administration, and those technical and 

management functions directly related to the process of fulfilling judiciary needs by 

procurement.

Procurement Action – See: Procurement Activity.

Procurement Activity – Action taken that leads to an award of a procurement or 

administration of an existing procurement.

Procurement Agent – An individual who acts as an agent for the contracting officer. 

The contracting officer is the final signature authority for any actions.

Procurement Authority – Delegated authority as a certified contracting officer to 

process procurements. See: Guide, Vol. 14, § 140.

Procurement Executive, PMD (PE) – The individual appointed, who is responsible for 

management direction of the procurement system, including implementation of the 

unique judiciary procurement procedures; Chief of the Procurement Management 

Division (PMD).

Procurement Integrity and Ethics – Statutory and ethical standards to ensure 

procurements are conducted fairly and without prejudice.

Procurement Liaison Officer (PLO) – A delegated official in the court unit or FPDO, 

who has procurement oversight authority.

Procurement Life Cycle – The period covering all procurement-related activities. The 

life cycle begins when agency needs are established and ends with disposal of the 

products.

Procurement Management Division (PMD) – A Division of the Administrative Office of 

the U.S. Courts responsible for procurement in the judiciary. The Procurement 

Executive is the chief of PMD.

Procurement Officer – (As used in the interim transition period for a person who is not 

a certified contracting officer) a person designated by the chief judge or federal public 

defender to conduct procurement activities during the transition to the Contracting 

Officers Certification Program. During the transition period, the procurement officer is 

the same as a contracting officer. See: Contracting Officer.

Procurement Official – Includes any individual who has participated personally and 

substantially in the conduct of a procurement. The classes of employees listed in 

Guide, Vol. 14, Ch. 1 are considered procurement officials depending on the 
Guide to Judiciary Policy, Vol. 14 Glossary Page 28

circumstances prevailing in a given case. See also: Designated Transition 

Procurement Official.

Procurement Planning – The process by which the efforts of all personnel responsible 

for significant aspects of a procurement are coordinated and integrated in a 

comprehensive plan to fulfill needs of the judiciary in a timely manner and at a 

reasonable cost. It includes developing the overall strategy for managing the 

procurement. For the benefits of procurement planning, see: Guide, Vol. 14, Ch. 2

(Procurement Planning and Preparations).

Procurement Sensitive Information – Information prepared or developed by the 

judiciary for use in conducting a procurement. It must not be released or disclosed to 

anyone outside of those having an official procurement need to know. The disclosure of 

this information to a competing offeror may jeopardize the integrity or successful 

completion of the procurement. Inappropriately released documents may prejudice or 

bias the award, or otherwise adversely impact a competitive procurement.

Procurement Sensitive Information Legend – This document contains procurement 

sensitive information related to the conduct of a federal agency procurement, the 

disclosure of which is restricted by the Office of Federal Procurement Policy Act. The 

unauthorized disclosure of such information may subject both the discloser and the 

recipient of the information to contractual, civil and/or criminal penalties as provided by 

law. Do not copy enclosed materials.

Procurement Strategy – The set of decisions that determines how products or services 

will be procured, including contracting methods.

Procurement Team – Judiciary members of the procurement team including 

representatives of the requesting office and purchasing office.

Procuring IA – An IA in which the judiciary is obtaining goods or services from another 

federal agency and is reimbursing it for the costs of those goods or services.

Product Descriptions – Are usually described by a common generic description of the 

item. However, they are not as qualitative or quantitative as a specification and usually 

describe the end-product in terms of performance or standard commercial name (e.g., 

copier).

Products – All property and rights or interest in property of any kind except real 

property (i.e., ownership).

Professional Services – Services rendered by persons who are members of a 

particular profession or possess a special skill and who are not officers or employees of 

the contractor. These services are generally acquired to obtain information, advice, 

opinions, alternatives, conclusions, recommendations, training, or direct assistance, 
Guide to Judiciary Policy, Vol. 14 Glossary Page 29

such as studies, analyses, evaluations, liaison with government officials, or other forms 

of representation.

Program Manager (PM) – The key management official who represents the program 

office in formulating requirements and managing pre-solicitation activities. In some 

organizations the program manager or another management official is designated as 

the procurement manager for a specific procurement.

Proper Invoice – A bill or written request for payment which meets the minimum 

standards specified in the terms and conditions contained in the contract for invoice 

submission. See also: Invoice.

Property – See: Judiciary Property or Contractor-Acquired Property.

Proposal – Except as it is used in request for proposal (RFP), this term is not 

applicable to the judiciary. The term offer is used instead. See: Offer.

Proprietary – Information owned by an individual or corporation.

Proprietary Information – Information in an offer or otherwise submitted to the 

judiciary by an offeror in response to a solicitation or during the conduct of a 

procurement that has been marked as proprietary information consistent with applicable 

laws and regulations.

Protest – A written objection by an interested party to any of the following:

(a) a solicitation or other request for offers for a contract for the procurement 

of products or services;

(b) an award or proposed award of a contract;

(c) a cancellation of the solicitation or other request; or

(d) a termination or cancellation of an award of the contract, if the written 

objection contains an allegation that the termination or cancellation is 

based in whole or in part on improprieties concerning the award of the 

contract.

Protest After Award – A protest filed after contract award.

Protest Before Award – A protest filed before contract award.

Provision – See: Solicitation Provision.

Purchasing Office – An organizational element, comprised of one or more contracting 

officers, responsible for the purchase of products, services and equipment, real 

property, design and construction and related services, and mail transportation.
Guide to Judiciary Policy, Vol. 14 Glossary Page 30

Purchase Order – An offer by the government to buy products or services, including 

construction and research and development, upon specified terms and conditions, using 

small purchase procedures.

Quality Assurance – The various functions, including inspection, performed by the 

judiciary to determine whether a contractor has fulfilled the contract obligations 

pertaining to quality and quantity.

Quality Requirements – Specific requirements communicated in the procurement to 

the contractor which will be compared to the delivery of the product or performance of 

the service and used to evaluate if the contractor met the quality required.

Quotation or Quote – A response to a request for quotation (RFQ) which provides a 

statement of current prices. It is informational and, unlike an offer, cannot be accepted 

by the judiciary to form a binding contract. However, the quotation may be used as a 

basis for a government offer in the form of a purchase order.

Quoter – Any person who submitted a quote.

Ratification – The act of approving an unauthorized commitment by an official who has 

the authority to do so. The approval of an unauthorized commitment or act results in 

the act being given effect as if originally authorized. It is not a desirable method of 

procurement, because it is not consistent with the judiciary’s policies and procedures, 

and may result in punitive action against the person(s) who committed the unauthorized 

act.

Rating – The application of a scale of words, colors, numbers, signs, or other indicators 

to denote the degree to which the proposal has met the standard for a technical 

evaluation factor.

Rating Systems – A rating system suitable for evaluating offers.

Real Property – Means land and rights in land, ground improvements, utility distribution 

systems, and buildings and other structures. It does not include foundations and other 

work necessary for installing special tooling, special test equipment, or plant equipment.

Reasonableness – A cost is reasonable if, in its nature and amount, it does not exceed 

that which would be incurred by a prudent person in the conduct of competitive 

business.

Receiving Report – Written evidence that indicates government acceptance of 

products delivered or services performed.

Release of Information – Procurement documents released upon request, after 

determining it is proper to release them.

Rent – See: Leasing.
Guide to Judiciary Policy, Vol. 14 Glossary Page 31

Request for Information (RFI) – An announcement publicly requesting industry 

comment on draft specifications or solicitations for products or services.

Request for Proposals (RFP) – A solicitation used to communicate the judiciary’s 

requirements and request vendors submit offers for products or services. Vendors may 

use the term proposals interchangeably with the term offers.

Request for Quotations (RFQ) – A solicitation for quotes; commonly used under small 

purchase procedures. Responses to an RFQ are referred to as quotes or quotations, 

not offers.

Requesting Office – Refers to the organization with the bona fide need and which has 

initiated the procurement or contracting request.

Responsibility – A determination that a prospective contractor meets the following 

standards; adequate financial resources to perform a contract or the ability to obtain 

them; ability to comply with a delivery schedule, taking other business commitments into 

consideration; a satisfactory performance record on other contracts; a satisfactory 

record of integrity and business ethics; the necessary organization, experience, 

accounting and operational controls, and technical skills, or the ability to obtain them; 

the necessary technical equipment and facilities or the ability to obtain them; otherwise 

qualified and eligible to receive an award under applicable laws and regulations.

Responsible Prospective Contractor – A contractor that meets the criteria for 

responsibility and is not otherwise debarred. See: Responsibility.

Responsible Source – See: Responsible Prospective Contractor.

Responsive Offeror – An offeror whose offer conforms to the solicitation.

Restricted Computer Software – Computer software developed at private expense 

that is a trade secret, is commercial or financial and confidential or privileged, or is 

published copyrighted computer software, including minor modifications of this 

computer software.

Restricted Rights – The rights of the judiciary in restricted computer software, as 

provided in a Restricted Rights Notice included in a computer software rights clause of 

the contract, or as otherwise may be included or incorporated in the contract.

RFP – See: Request for Proposals.

RFQ – See: Request for Quotations.

Scope – The area covered by a given activity or subject.

Selection – The selection of an offeror for contract award, with or without discussion of 

offers, or for final negotiations leading to contract award following discussion of offers.
Guide to Judiciary Policy, Vol. 14 Glossary Page 32

Service – The performance of identifiable tasks.

Service Contract – A contract that directly engages the time and effort of a contractor 

whose primary purpose is to perform an identifiable task rather than to furnish a 

product. A service contract may be either nonpersonal or personal contract. It can also 

cover services performed by either professional or nonprofessional personnel whether 

on an individual or organizational basis. Some of the areas in which service contracts 

are found include the following:

(a) maintenance, overhaul, repair, servicing, rehabilitation, salvage, 

modernization, or modification of products, systems, or equipment;

(b) routine recurring maintenance of real property;

(c) housekeeping and base services;

(d) advisory and assistance services;

(e) operation of judiciary-owned equipment facilities, and systems; 

(f) communications services;

(g) architect-engineering;

(h) transportation and related services; and

(i) research and development.

Service Contract Labor Standards – Formerly the Service Contract Act of 1965, the 

Service Contract Labor Standards statute requires that service contracts over $2,500 

contain mandatory provisions regarding minimum wages and fringe benefits, safe and 

sanitary working conditions, notification to employees of the minimum allowable 

compensation, and equivalent federal employee classifications and wage rates.

Service Employee – Any person engaged in the performance of a service contract 

other than any person employed in a bona fide executive, administrative, or professional 

capacity. The term includes all such persons regardless of any contractual relationship 

that may be alleged to exist between a contractor or subcontractor and such persons.

Servicing IA – An IA in which the judiciary is providing goods or services to another 

federal agency and is being reimbursed by it for the costs of those goods or services.

Severable Services – Services that are continuing and recurring in nature, and that can 

be separated into components that independently meet a separate and ongoing need of 

the government. Common examples are court reporters, court interpreters, local area 

network and help desk support services, etc. To the extent that a need for a specific 

portion of a continuing service arises in a subsequent fiscal year, that portion is 
Guide to Judiciary Policy, Vol. 14 Glossary Page 33

severable and chargeable to appropriations available in the subsequent FY. Generally, 

severable services must be charged to the fiscal year(s) in which they are rendered. 

However, the judiciary has authority to enter into one-year severable service contracts, 

beginning at any time during the fiscal year and extending into the next fiscal year, and 

to obligate the total amount of the contract to the appropriation current at the time of the 

award, provided that performance commences within the same fiscal year as the award.

Shall – An order, promise, or obligation.

Shell – A pre-approved format that allows for fill in information as opposed to a boiler 

plate, which must be used as it is presented.

Signature or Signed – The discrete, verifiable symbol of an individual which, 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 and signatures 

including digital electronic signatures via the Facility Access Card-Personal Identity 

Verification (FAC-PIV) used by Contracting Officers that meet the standards of the 

Judiciary Information Security Framework (JISF).

Small Purchase – A purchase made using less strict contract forms and procedures. 

Small purchases involve the use of a purchase order, rather than a contract. This 

procurement has a monetary restriction. See: Guide, Vol. 14, § 325.10.10 and § 140.

Small Purchase Threshold – See: Judiciary’s Small Purchase Threshold.

Software As A Product – Software provided to the judiciary for use on its systems,

such as term software licenses and perpetual software licenses. Once the initial 

software has been delivered, the contractor is deemed to have substantially fulfilled its 

contractual obligations, so there is no or minimal risk to the government of the vendor 

failing to perform. This is true even if the software is accompanied by agreements from 

the vendor to provide standard software support that includes such things as bug fixes, 

access to software updates, online help. Payment may be made in full at the time of 

purchase for software as a product and such payment is not considered an advance 

payment.

Software As A Service (SaaS) – Purchase of software with significant services from 

the vendor, such as developing and supporting customized software, or that relies on 

the vendor or manufacturer to maintain the software on its systems or the web and 

provide customer access via the vendor's software rather than the user's own system. 

This can also be referred to as a "software subscription." Purchases of software as a 

service are considered service contracts and are, therefore, subject to the restrictions 

on advance payments that generally apply to service contracts.

Sole Source Procurement – A contract for the purchase of products or services that is 

entered into or proposed to be entered into by the judiciary after soliciting and 

negotiating with only one source.
Guide to Judiciary Policy, Vol. 14 Glossary Page 34

Solicitation – An official judiciary request for offers or quotes. It is a document sent to 

prospective contractors by the judiciary, requesting submission of an offer, quote, or 

information. It is also the process of issuing a document requesting submission of an 

offer, quote, or information and obtaining responses. A solicitation in the judiciary is 

either a Request for Proposals (RFP) or a Request for Quote (RFQ).

Solicitation List – A contracting officer’s list of potential sources of products and 

services.

Solicitation Provision – Term or condition used only in solicitations and applying only 

before contract award. See: Guide, Vol. 14, Appx. 1B (Solicitation Provisions and 

Contract Clauses).

Source – A potential supplier of products or services to the judiciary including public 

corporations, private companies, and non-profit organizations.

Source Selection – The process of identifying which offeror(s) will receive a contract in 

a competitive negotiated procurement. It’s the process of choosing the offeror whose 

offer is most advantageous to the judiciary, total cost and other factors considered when 

compared with the solicitation’s criteria.

Source Selection Authority (SSA) – The government official in charge of selecting the 

source. This title is most often used when the selection process is formal, and the 

official is someone other than the contracting officer.

Source Selection Information – Any of the following information prepared or 

developed for use by the judiciary for the purpose of evaluating an offer the disclosure 

of which to a competing offeror would jeopardize the integrity or successful completion 

of the procurement and which is required by statute, regulation, or order to be secured 

in a source selection file or other facility to prevent disclosure:

(a) offer prices submitted in response to a judiciary solicitation for offers, or 

lists of those offer prices before award;

(b) proposed costs or prices submitted in response to a judiciary solicitation, 

or lists of those proposed costs or prices;

(c) source selection plans;

(d) technical evaluation plans;

(e) technical evaluations of offers;

(f) cost or price evaluations of offers;

(g) competitive range determinations that identify offers that have a 

reasonable chance of being selected for award of a contract;
Guide to Judiciary Policy, Vol. 14 Glossary Page 35

(h) rankings of offers or competitors;

(i) reports and evaluations of source selection panels, boards, or advisory 

councils; and

(j) other information marked as source selection information based on a 

case-by-case determination by the contracting officer that its disclosure 

would jeopardize the integrity or successful completion of the judiciary 

procurement to which the information relates.

Source Selection Panel – The entity responsible for proposal evaluation in a 

negotiated competitive acquisition. It is usually organized into technical and cost teams.

Source Selection Plan (SSP) – The plan established before solicitation releases to 

guide the source selection process. It is the document that explains how offerors will be 

solicited and evaluated to make the selection decision. It contains such information as 

evaluation factors and sub-factors, evaluation standards, evaluation methodology, 

evaluators’ responsibilities, and final selection procedures. It is the judiciary’s statement 

to itself about how it intends to procure what it needs when contracting including basis 

for a best value decision; source selection organization; proposal evaluation criteria; 

and evaluation procedures. The contracting officer’s plan to solicit offers will include 

decisions such as technically acceptable/lowest price or best buy source selection. It is 

developed with assistance of the evaluation panel, requesting office, and other advisors 

as needed.

Specification – A description of the essential technical requirements for a material, 

product, or service. Specifications usually include the product’s qualitative and 

quantitative design, function, or performance requirements and the factors used to 

determine whether those contract requirements have been met.

Standards – The criteria for determining the effectiveness of the procurement by 

measuring the performance of the various elements.

Statement of Work (SOW) – A detailed and complete description of requirements 

prepared for inclusion in a solicitation. A statement of work:

(a) is used to describe the service to be performed rather than an endproduct,

(b) may contain specifications or other descriptions of requirements,

(c) is usually used in contracts for services or research and development.

(d) defines service contract requirements in clear, concise language 

identifying specific work to be accomplished,
Guide to Judiciary Policy, Vol. 14 Glossary Page 36

(e) must be individually tailored to consider the period of performance, 

deliverable items, if any, and the desired degree of performance. (Note: 

With task order contracts, the SOW for the basic contract need only define 

the scope of the overall contract. Individual task orders must define 

specific task requirements.)

Subcontract – Any contract entered into by a subcontractor to furnish products or 

services for the performance of a prime contract or higher-tier subcontract. It includes 

but is not limited to purchase orders, and changes and modifications to purchase 

orders.

Subcontractor – Any supplier, distributor, vendor, or firm that furnishes supplies or 

services to or for a prime contractor or another subcontractor. The CO’s communication 

must be to the prime contractor, who will, when applicable, communicate to the 

subcontractor. No direct communication is accomplished from the CO to the 

subcontractor. The prime contractor is the primary firm responsible for the contract’s 

delivery or performance.

Sub-Factor – A segment, usually more focused or detailed, of an evaluation factor.

Supplemental Agreement – A contract modification that is accomplished by the mutual 

action by signature of both contract parties.

Surety – An individual or corporation legally liable for another's debt, default, or failure 

to satisfy a contractual obligation.

Suspension or Suspended – A disqualification from contracting and subcontracting for 

a temporary period because a contractor is suspected upon adequate evidence of 

engaging in criminal, fraudulent, or other seriously improper conduct.

System Award Management (SAM) – 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:

(a) Data collected from prospective federal awardees required for the conduct 

of business with the government;

(b) Prospective contractor-submitted annual representations and certifications 

consistent with FAR subpart 4.12; and

(c) Identification of those parties excluded from receiving federal contracts, 

certain subcontracts, and certain types of federal financial and nonfinancial assistance and benefits. See: SAM Website.
Guide to Judiciary Policy, Vol. 14 Glossary Page 37

Task Order – An order for services placed against an established contract or with 

government sources.

Tax ID Number – See: Taxpayer Identification Number (TIN).

Taxpayer Identification Number (TIN) – 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 – Has a broad connotation and includes, among other things, the 

engineering approach, special manufacturing processes, and special testing 

techniques.

Technical Analysis – The review, examination, and evaluation of an offer by personnel 

having specialized knowledge, skills, experience, or capability in engineering, science, 

management, or other personnel having specialized knowledge of the proposed types 

and quantities of materials, labor, processes, and other factors provided in the offer(s) 

to determine the need for and reasonableness of the proposed resources and efforts, 

assuming reasonable economy and efficiency.

Technical Data – Recorded information (regardless of the form or method of the 

recording) of a scientific or technical nature (including computer software 

documentation) relating to products procured by the judiciary. Such term does not 

include computer software or financial, administrative, cost or pricing, or management 

data or other information incidental to contract administration.

Technical Direction – An interpretation of SOW requirements provided by a 

representative of the CO. Representatives of the CO have no authority to alter the 

SOW. The SOW can only be altered through use of a contract modification signed by 

the CO.

Technical Evaluation Panel (TEP) – The individuals responsible, during the source 

selection process, for performing the evaluation of technical offers submitted in a 

response to a solicitation.

Technical Leveling – Helping an offeror bring its proposal up to the level of other 

proposals. This is to be avoided as it adversely effects the competition.

Technical Transfusion – Disclosing technical information from one or more offerors’ 

offers that allows competing offerors to improve their proposals. This is to be avoided 

as it adversely affects the competition.

Termination for Convenience – The CO may terminate performance of work under the 

contract in whole or, occasionally, in part, if the CO determines that a termination is in 

the judiciary’s interest.
Guide to Judiciary Policy, Vol. 14 Glossary Page 38

Termination for Default – The exercise of the judiciary’s contractual right to terminate 

a contract completely or partially because of the contractor’s actual or anticipated failure 

to perform its contractual obligations.

Time and Materials Contract – A contract type that provides payment for contractor’s 

time spent on a task and reimburses the contractor for materials used for the task.

TIN – See: Tax ID Number.

Total Cost – All projected judiciary costs over the product life as a result of 

implementing an offeror’s offered approach. In addition to the contract prices or costs, 

other elements, such as support and in-house costs over the product life for installing, 

operating, and disposing of the products are included in total cost.

Trade Off – A term applied during best value evaluation to justify the increase cost of a 

more desirable quality which meets or exceeds the judiciary’s needs.

Transition Procurement Official – See: Designated Transition Procurement Official.

Unacceptable Offer – An offer that does not represent a reasonable initial effort to 

address the essential requirements of the solicitation, clearly demonstrates that the 

offeror does not understand the solicitation’s requirement, contains such substantial 

deficiencies or omissions that sufficient correction or improvement to consider the 

proposal acceptable would require virtually an entirely new proposal, or contains major 

technical or business deficiencies, omissions, or out-of-line costs which discussions with 

the offeror could not reasonably be expected to cure.

Unauthorized Commitment – An agreement that is not binding solely because the 

judiciary representative who made it lacked the procurement authority to enter into that 

agreement on behalf of the judiciary. See also: Ratification.

Uniform Contract Format (UCF) – The format required for preparation of a solicitation. 

See: Guide, Vol. 14, Appx. 1A.

Unilateral – Signed by the contracting officer only.

Unilateral Modification – A contract modification that is signed only by the contracting 

officer. Unilateral modifications are used, for example, to:

(a) make administrative changes;

(b) issue change orders;

(c) make changes authorized by clauses other than a changes clause (e.g., 

property clause, options clause, suspension of work clause); and

(d) issue termination notices.
Guide to Judiciary Policy, Vol. 14 Glossary Page 39

Unique Entity Identifier (UEI) Number – A 12-character alphanumeric field that is the 

official identifier for doing business with the U.S. government, replacing DUNS Number.

Unlimited Rights – The right of the judiciary in technical data and computer software to 

use, disclose, reproduce, prepare derivative works, distribute copies to the public, and 

perform and display publicly, in any manner and for any purpose, and to have or permit 

others to do so.

Unsuccessful Offer – An offer that did not result in a procurement award.

Vendor – A term commonly used for source.

Wage Determination – A determination of minimum wages or fringe benefits made 

under the Service Contract Labor Standards (formerly known as the Service Contract 

Act of 1965) applicable to the employment in a given locality of one or more classes of 

service employees. See also: General Wage Determination.

Waiver – A document signed by the PE authorizing a deviation from the prescribed 

procedures.

Walsh-Healey Public Contracts Act – Requires that (unless exempted), all contracts 

subject to the Act and entered into by any instrumentality of the United States, or by the 

District of Columbia, for the manufacture or furnishing of materials, products, articles, 

and equipment in any amount over $15,000, must include or incorporate by reference 

the stipulations required by the Act pertaining to such matters as minimum wages, 

maximum hours, child labor, convict labor, and safe and sanitary working conditions.

Warranty – A promise or affirmation given by a contractor to the government regarding 

the nature, usefulness, or condition of the products or performance of services furnished 

under the contract.

Weighting – The technique that assigns percentage or numerical values to evaluation 

factors and significant sub-factors.

Within the Scope – The area covered by the procurement.

Work Statement – See: Statement of Work.

Working Days – Excludes weekends and U.S. federal holidays.

Written – See: As Written.