2.101 Definitions. | Acquisition.GOV

( a ) A bible or a term, defined in this section, has the lapp entail throughout this regulation ( 48 CFR chapter 1 ), unless- ( 1 ) The context in which the discussion or term is used clearly requires a different meaning ; or ( 2 ) Another FAR function, subpart, or section provides a different definition for the particular depart or helping of the separate. ( bel ) If a word or terminus that is defined in this section is defined differently in another part, subpart, or department of this regulation ( 48 CFR chapter 1 ), the definition in—

( 1 ) This section includes a cross-reference to the other definitions ; and ( 2 ) That function, subpart, or section applies to the password or condition when used in that separate, subpart, or section. Acquisition means the acquiring by contract with allow funds of supplies or services ( including construction ) by and for the use of the federal Government through purchase or lease, whether the supplies or services are already in universe or must be created, developed, demonstrated, and evaluated. Acquisition begins at the distributor point when agency needs are established and includes the description of requirements to satisfy means needs, solicitation and selection of sources, award of contracts, condense finance, shrink performance, sign administration, and those technical foul and management functions immediately related to the march of fulfilling representation needs by condense. Acquisition planning means the work by which the efforts of all personnel responsible for an acquisition are coordinated and integrated through a comprehensive plan for fulfilling the agency motivation in a seasonably manner and at a reasonable monetary value. It includes developing the overall scheme for managing the acquisition. Activity Address Code (ACC ) means a distinct six-position code dwell of a combination of alpha and/or numeric characters assigned to identify specific agency offices, units, activities, or organizations by the General Services Administration for civilian agencies and by the Department of Defense for defense agencies. Adequate evidence means information sufficient to support the fair belief that a especial act or omission has occurred. Advisory and assistance services means those services provided under sign by nongovernmental sources to support or improve : organizational policy development ; decision-making ; management and administration ; program and/or project management and administration ; or R & D activities. It can besides mean the supply of professional advice or aid rendered to improve the potency of Federal management processes or procedures ( including those of an engineering and technical nature ). In rendering the predate services, outputs may take the shape of information, advice, opinions, alternatives, analyses, evaluations, recommendations, train and the day -to- day aid of subscribe personnel needed for the successful performance of ongoing Federal operations. All advisory and assistance services are classified in one of the surveil definitional subdivisions : ( 1 ) management and professional support services, i.e., contractual services that provide aid, advice or training for the effective and effective management and operation of organizations, activities ( including management and support services for R & D activities ), or systems. These services are normally close related to the basic responsibilities and mission of the means originating the prerequisite for the acquisition of services by contract. Included are efforts that confirm or contribute to improved organization of program management, logistics management, project monitoring and report, data collection, budget, accounting, performance audit, and administrative technical foul hold for conferences and train programs. ( 2 ) Studies, analyses and evaluations, i.e., contracted services that provide organized, analytic assessments/evaluations in support of policy development, decision-making, management, or administration. Included are studies in support of R & D activities. besides included are acquisitions of models, methodologies, and associate software supporting studies, analyses or evaluations. ( 3 ) engineer and technical services, i.e., contractual services used to support the broadcast function during the acquisition cycle by providing such services as systems technology and technical direction ( see 9.505-1 ( b ) ) to ensure the effective mathematical process and alimony of a weapon system or major system as defined in OMB Circular No.A-109 or to provide direct support of a weapon arrangement that is essential to research, development, production, process or maintenance of the system. Affiliates means consociate clientele concerns or individuals if, directly or indirectly either one controls or can control the early ; or third base party controls or can control both, except as follows : ( 1 ) For use in subpart 9.4, see the definition at 9.403. ( 2 ) For use of affiliates in size determinations, see the definition of “ small business concern “ in this department. Agency head or “ head of the agency “ means the Secretary, Attorney General, Administrator, Governor, Chairperson, or early head official of an executive agency, unless otherwise indicated, including any deputy or adjunct chief official of an executive agency. Alternate means a substantial variation of a basic provision or clause prescribed for practice in a specify context. It adds wording to, deletes wording from, or substitutes specified wording for a share of the basic provision or clause. The alternate adaptation of a provision or article is the basic planning or article as changed by the accession, omission, or substitution ( see 52.105 ( a ) ). Architect-engineer services, as defined in 40 U.S.C. 1102, means— ( 1 ) Professional services of an architectural or engineer nature, as defined by State jurisprudence, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide those services ; ( 2 ) Professional services of an architectural or technology nature performed by contract that are associated with research, plan, exploitation, design, construction, change, or haunt of actual property ; and ( 3 ) Those early master services of an architectural or mastermind nature, or incidental services, that members of the architectural and technology professions ( and individuals in their hire ) may logically or justifiably perform, including studies, investigations, surveying and function, tests, evaluations, consultations, comprehensive examination plan, course of study management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, training of engage and maintenance manuals, and other refer services. Assignment of claims means the transfer or making over by the contractor to a bank, trust party, or other finance institution, as security for a loan to the contractor, of its right to be paid by the Government for contract performance. Assisted acquisition means a type of interagency acquisition where a servicing agency performs acquisition activities on a requesting agency ‘s behalf, such as award and administering a contract, task order, or delivery order. Basic research means that inquiry directed toward increasing cognition in science. The elementary draw a bead on of basic research is a fuller cognition or reason of the subject under study, rather than any practical application of that cognition. Best value means the expect consequence of an acquisition that, in the Government ‘s estimate, provides the greatest overall benefit in response to the prerequisite. Bid sample distribution means a product sample distribution required to be submitted by an offeror to show characteristics of the offered products that can not adequately be described by specifications, purchase descriptions, or the solicitation ( for example, balance, facility of use, or pattern ). Biobased product means a product determined by the U.S. Department of Agriculture to be a commercial product or industrial product ( other than food or tip ) that is composed, in whole or in meaning function, of biological products, including renewable domestic agrarian materials and forestry materials. Broad agency announcement means a general announcement of an agency ’ s inquiry interest including criteria for selecting proposals and soliciting the engagement of all offerors adequate to of satisfying the Government ’ randomness needs ( see 6.102 ( vitamin d ) ( 2 ) ). Building or work means construction activity as distinguished from manufacture, furnishing of materials, or servicing and care work. The terms include, without limit, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, world power lines, pumping stations, arduous generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drill, blast, excavating, clearing, and landscaping. The manufacture or furnishing of materials, articles, supplies, or equipment ( whether or not a Federal or State means acquires title to such materials, articles, supplies, or equipment during the course of the fabrication or furnishing, or owns the materials from which they are manufactured or furnished ) is not “ build up ” or “ shape ” within the entail of this definition unless conducted in connection with and at the site of such building or work as is described in the waive sentence, or under the United States Housing Act of 1937 and the Housing Act of 1949 in the construction or development of the project. Bundling — ( 1 ) Means a subset of consolidation that combines two or more requirements for supplies or services, previously provided or performed under classify smaller contracts ( see paragraph ( 2 ) of this definition ), into a solicitation for a single narrow, a multiple-award contract, or a job or delivery order that is probably to be unsuitable for award to a small business concern ( even if it is desirable for award to a little business with a Small Business Teaming Arrangement ) due to— ( one ) The diversity, size, or speciate nature of the elements of the operation specified ; ( two ) The sum dollar value of the anticipate prize ; ( three ) The geographic dispersion of the narrow performance sites ; or ( four ) Any combination of the factors described in paragraph ( 1 ) ( one ), ( two ), and ( three ) of this definition. ( 2 ) “ Separate smaller condense ” as used in this definition, means a narrow that has been performed by one or more small business concerns or that was suitable for prize to one or more small business concerns. ( 3 ) This definition does not apply to a contract that will be awarded and performed entirely outside of the United States. Business unit means any segment of an arrangement, or an entire occupation organization that is not divided into segments. Certified cost or pricing data means “ cost or pricing data “ that were required to be submitted in accord with FAR 15.403-4 and 15.403-5 and have been certified, or is required to be certified, in accord with 15.406-2. This certificate states that, to the best of the person ’ sulfur cognition and belief, the cost or pricing data is accurate, complete, and current as of a date certain before shrink award. Cost or pricing data is required to be certified in certain procurements ( 10 U.S.C. 2306a and 41 U.S.C. chapter 35 ). Change-of-name agreement means a legal instrument executed by the contractor and the Government that recognizes the legal change of name of the contractor without disturbing the original contractual rights and obligations of the parties. Change order means a written decree, signed by the contracting officer, directing the contractile organ to make a change that the Changes clause authorizes the contracting officer to ordering without the contractor ’ mho consent. Chief Acquisition Officer means an executive degree acquisition official creditworthy for agency performance of acquisition activities and acquisition programs created pursuant to 41 U.S.C. 1702. Chief of mission means the principal policeman in tear of a diplomatic mission of the United States or of a United States office afield which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502 ( hundred ) of the Foreign Service Act of 1980 ( populace Law 96-465 ) to be temporarily in cathexis of such a mission or agency. Claim means a written demand or written affirmation by one of the contracting parties seeking, as a matter of right, the requital of money in a summarize certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the abridge. however, a written requirement or written assertion by the contractor seeking the payment of money exceeding $ 100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the codified. A coupon, invoice, or early act request for requital that is not in quarrel when submitted is not a claim. The meekness may be converted to a claim, by written comment to the contracting officer as provided in 33.206 ( a ), if it is disputed either as to indebtedness or come or is not acted upon in a reasonable time. Classified acquisition means an acquisition in which offerors must have access to classified information to properly submit an offer or quotation, to understand the performance requirements, or to perform the contract. Classified contract means any narrow in which the contractor or its employees must have access to classified information during contract performance. A sign may be a classified contract even though the contract document itself is unclassified. Classified information means any cognition that can be communicated or any documentary material, regardless of its physical phase or characteristics, that— ( 1 ) ( iodine ) Is owned by, is produced by or for, or is under the control of the United States Government ; or ( two ) Has been classified by the Department of Energy as privately generated restricted data following the procedures in 10 CFR 1045.21 ; and ( 2 ) Must be protected against unauthorized disclosure according to Executive Order12958, Classified National Security Information, April 7,1995, or classified in accord with the Atomic Energy Act of 1954. Cognizant Federal agency means the Federal agency that, on behalf of all Federal agencies, is creditworthy for establishing final indirect cost rates and forward pricing rates, if applicable, and administering cost account standards for all contracts in a business unit. Combatant commander means the air force officer of a mix or specified combatant command established in accordance with 10 U.S.C. 161. Commercial and Government Entity (CAGE) code means— ( 1 ) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency ( DLA ) Commercial and Government Entity ( CAGE ) branch to identify a commercial or politics entity by alone location ; or ( 2 ) An identifier assigned by a extremity of the North Atlantic Treaty Organization ( NATO ) or by the NATO Support and Procurement Agency ( NSPA ) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity ( CAGE ) branch records and maintains in the CAGE overlord file. This type of code is known as a NATO CAGE ( NCAGE ) code. Commercial component means any component that is a commercial product. Commercial computer software means any computer software that is a commercial product or commercial service. Commercial product means— ( 1 ) A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes early than governmental purposes, and– ( iodine ) Has been sold, leased, or licensed to the general public ; or ( two ) Has been offered for sale, lease, or license to the cosmopolitan public ; ( 2 ) A product that evolved from a product described in paragraph ( 1 ) of this definition through advances in engineering or performance and that is not so far available in the commercial marketplace, but will be available in the commercial market in time to satisfy the rescue requirements under a Government solicitation ; ( 3 ) A product that would satisfy a standard expressed in paragraph ( 1 ) or ( 2 ) of this definition, except for- ( one ) Modifications of a type customarily available in the commercial marketplace ; or ( two ) Minor modifications of a type not customarily available in the commercial market made to meet federal Government requirements. “ minor modifications ” means modifications that do not importantly alter the nongovernmental function or all-important physical characteristics of an token or component, or change the aim of a process. Factors to be considered in determining whether a modification is minor include the respect and size of the modification and the comparative value and size of the final product. dollar values and percentages may be used as guideposts, but are not conclusive attest that a change is minor ; ( 4 ) Any combination of products meet the requirements of paragraph ( 1 ), ( 2 ), or ( 3 ) of this definition that are of a type customarily combined and sold in combination to the general populace ; ( 5 ) A product, or combination of products, referred to in paragraph ( 1 ) through ( 4 ) of this definition, even though the product, or combination of products, is transferred between or among break divisions, subsidiaries, or affiliates of a contractor ; or ( 6 ) A nondevelopmental item, if the pander means determines the product was developed entirely at secret expense and sold in significant quantities, on a competitive footing, to multiple State and local governments or to multiple extraneous governments. Commercial service means— ( 1 ) facility services, alimony services, haunt services, training services, and other services if– ( one ) such services are procured for documentation of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the lapp time as the commercial product ; and ( two ) The generator of such services provides like services contemporaneously to the general public under terms and conditions exchangeable to those offered to the Federal Government ; ( 2 ) Services of a type offered and sold competitively in significant quantities in the commercial marketplace based on established catalog or marketplace prices for particular tasks performed or particular outcomes to be achieved and under standard commercial terms and conditions. For purposes of these services– ( one ) Catalog price means a price included in a catalog, price list, schedule, or other kind that is regularly maintained by the manufacturer or seller, is either published or differently available for inspection by customers, and states prices at which sales are presently, or were last, made to a significant number of buyers constituting the general populace ; and ( two ) market prices means current prices that are established in the naturally of ordinary deal between buyers and sellers free to bargain and that can be substantiated through rival or from sources freelancer of the offerors ; or ( 3 ) A serve referred to in paragraph ( 1 ) or ( 2 ) of this definition, even though the servicing is transferred between or among divide divisions, subsidiaries, or affiliates of a contractor. Commercially available off-the-shelf (COTS) item — ( 1 ) Means any detail of provide ( including construction substantial ) that is– ( iodine ) A commercial product ( as defined in paragraph ( 1 ) of the definition of “ commercial product ” in this section ) ; ( two ) Sold in substantial quantities in the commercial marketplace ; and ( three ) Offered to the Government, under a compress or subcontract at any tier, without modification, in the lapp form in which it is sold in the commercial market ; and ( 2 ) Does not include bulk cargo, as defined in 46 U.S.C. 40102 ( 4 ), such as agricultural products and petroleum products. common item means material that is common to the applicable Government contract and the contractor ‘s other function, except that for use in the clause at 52.246-26, see the definition in paragraph ( a ) of that clause. Component means any detail supplied to the Government as part of an end item or of another component, except that for manipulation in— ( 1 ) function 25, see the definition in 25.003 ; ( 2 ) 52.225-1 and 52.225-3, see the definition in 52.225-1 ( a ) and 52.225-3 ( a ) ; ( 3 ) 52.225-9 and 52.225-11, see the definition in 52.225-9 ( a ) and 52.225-11 ( a ) ; and ( 4 ) 52.225-21 and 52.225-23, see the definition in 52.225-21 ( a ) and 52.225-23 ( a ). Computer database or “ database ” means a collection of commemorate information in a class capable of, and for the determination of, being stored in, processed, and operated on by a computer. The term does not include computer software. Computer software — ( 1 ) Means ( i ) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations ; and ( two ) Recorded information comprising informant code listings, design details, algorithm, processes, menstruation charts, formulas, and relate fabric that would enable the computer course of study to be produced, created, or compiled. ( 2 ) Does not include computer databases or computer software documentation. Computer software documentation means owner ’ randomness manuals, drug user ’ s manuals, installation instructions, operating instructions, and other like items, careless of storehouse culture medium, that explain the capabilities of the computer software or provide instructions for using the software. Consent to subcontract means the contracting officer ’ randomness written consent for the prime contractile organ to enter into a particular subcontract. Consolidation or consolidated requirement — ( 1 ) Means a solicitation for a single contract, a multiple-award contract, a task order, or a delivery order to satisfy- ( i ) Two or more requirements of the Federal agency for supplies or services that have been provided to or performed for the Federal agency under two or more separate contracts, each of which was lower in cost than the total price of the condense for which offers are solicited ; or ( two ) Requirements of the Federal agency for construction projects to be performed at two or more discrete sites. ( 2 ) “ break compress ” as used in this definition, means a shrink that has been performed by any commercial enterprise, including little and other than small business concerns. Construction means construction, revision, or animate ( including dredge, excavating, and painting ) of buildings, structures, or other real property. For purposes of this definition, the terms “ buildings, structures, or other real property ” include, but are not limited to, improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, exponent lines, cemeteries, pumping stations, railways, airport facilities, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, and channels. Construction does not include the fabricate, production, furnishing, construction, revision, haunt, process, or assembling of vessels, aircraft, or other kinds of personal property ( except that for manipulation in subpart 22.5, see the definition at 22.502 ). Contiguous United States ( CONUS ) means the 48 contiguous States and the District of Columbia. Contingency operation ( 10 U.S.C.101 ( a ) ( 13 ) ) means a military operation that- ( 1 ) Is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military military unit ; or ( 2 ) Results in the call or order to, or retention on, active duty of members of the uniform services under sections 688, 12301 ( a ), 12302, 12304, 12304 ( a ), 12305, or 12406 of claim 10 of the United States Code, Chapter 15 of championship 10 of the United States Code, or any other provision of law during a war or during a national emergency declared by the President or Congress. Continued portion of the contract means the helping of a contract that the contractor must continue to perform following a partial termination. contract means a mutually bind legal relationship obligating the seller to furnish the supplies or services ( including construction ) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expending of allow funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include ( but are not limited to ) awards and notices of awards ; job orders or tax letters issued under basic ordering agreements ; letter contracts ; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance ; and bilateral contract modifications. Contracts do not include grants and accommodative agreements covered by 31 U.S.C.6301, et seq. For discussion of versatile types of contracts, see contribution 16. Contract administration office means an office that performs- ( 1 ) Assigned postaward functions related to the administration of contracts ; and ( 2 ) Assigned preaward functions. Contract clause or “ clause ” means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award. Contract modification means any written change in the terms of a contract ( see 43.103 ). Contracting means buying, lease, lease, or differently obtaining supplies or services from nonfederal sources. Contracting includes description ( but not determination ) of supplies and services required, choice and solicitation of sources, preparation and award of contracts, and all phases of abridge administration. It does not include making grants or cooperative agreements. Contracting activity means an chemical element of an means designated by the agency head and delegate broad assurance regarding acquisition functions. Contracting office means an position that awards or executes a shrink for supplies or services and performs postaward functions not assigned to a contract administration office ( except for consumption in part 48, see besides 48.001 ). Contracting officer means a person with the agency to enter into, administer, and/or end contracts and make refer determinations and findings. The terminus includes certain empower representatives of the contracting officer dissemble within the limits of their authority as delegated by the contracting officer. “ administrative contracting officer ( ACO ) ” refers to a contracting officer who is administering contracts. “ Termination contracting officer ( TCO ) ” refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. citation in this rule ( 48 CFR chapter 1 ) to administrative contracting officer or termination contracting officer does not- ( 1 ) Require that a duty be performed at a particular office or action ; or ( 2 ) Restrict in any manner a contracting officer in the performance of any duty properly assigned. Contracting officer’s representative (COR ) means an individual, including a contracting officer ’ second technical foul example ( COTR ), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions. Conviction means a judgment or conviction of a criminal umbrage by any court of competent jurisdiction, whether entered upon a verdict or a supplication, and includes a conviction entered upon a plea of nolo contendere. For use in subpart 23.5, see the definition at 23.503. Cost or pricing data ( 10 U.S.C.2306a ( h ) ( 1 ) and 41 U.S.C. chapter 35 ) means all facts that, as of the date of price agreement, or, if applicable, an earlier date agreed upon between the parties that is a close as operable to the date of agreement on price, prudent buyers and sellers would reasonably expect to affect price negotiations importantly. Cost or pricing data are factual, not judgmental ; and are confirmable. While they do not indicate the accuracy of the prospective contractile organ ’ second judgment about estimated future costs or projections, they do include the data forming the basis for that judgment. Cost or pricing data are more than historical accounting data ; they are all the facts that can be sanely expected to contribute to the wisdom of estimates of future costs and to the validity of determinations of costs already incurred. They besides include, but are not limited to, such factors as- ( 1 ) Vendor quotations ; ( 2 ) Nonrecurring costs ; ( 3 ) information on changes in production methods and in production or buying book ; ( 4 ) Data supporting projections of commercial enterprise prospects and objectives and relate operations costs ; ( 5 ) Unit-cost trends such as those associated with parturiency efficiency ; ( 6 ) Make-or-buy decisions ; ( 7 ) Estimated resources to attain clientele goals ; and ( 8 ) data on management decisions that could have a significant bear on costs. Cost realism means that the costs in an offeror ’ s proposal- ( 1 ) Are realistic for the work to be performed ; ( 2 ) Reflect a clear agreement of the requirements ; and ( 3 ) Are consistent with the versatile elements of the offeror ’ south technical proposal. Cost sharing means an explicit placement under which the contractor bears some of the burden of reasonable, allocable, and allowable shrink monetary value. Customs territory of the United States means the 50 States, the District of Columbia, and Puerto Rico. Data other than certified cost or pricing data means pricing data, cost data, and judgmental data necessary for the contracting officer to determine a fair and reasonable price or to determine cost realism. such data may include the identical types of data as certified cost or pricing data, reproducible with table 15-2 of 15.408, but without the certificate. The datum may besides include, for exemplar, sales data and any information sanely required to explain the offeror ’ mho estimating process, including, but not circumscribed to– ( 1 ) The judgmental factors applied and the numerical or other methods used in the appraisal, including those used in projecting from known data ; and ( 2 ) The nature and sum of any contingencies included in the propose price. Day means, unless otherwise specified, a calendar day. Debarment means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontract for a reasonable, assign period ; a contractor that is excluded is “ debar. ” Delivery order means an order for supplies placed against an established abridge or with Government sources. Depreciation means a charge to current operations that distributes the monetary value of a tangible das kapital asset, less estimated residual value, over the estimated utilitarian life sentence of the asset in a systematic and coherent manner. It does not involve a work of evaluation. utilitarian life refers to the prospective period of economic utility in a particular contractor ’ mho operations as distinguished from physical life ; it is evidenced by the actual or estimated retirement and successor exercise of the contractor. Descriptive literature means data provided by an offeror, such as cuts, illustrations, drawings, and brochures, that shows a product ’ sulfur characteristics or construction of a product or explains its operation. The term includes only that information needed to evaluate the acceptability of the product and excludes early information for operating or maintaining the product. Design-to-cost means a concept that establishes price elements as management goals to achieve the best balance between life-cycle cost, acceptable operation, and schedule. Under this concept, cost is a design restraint during the design and growth phases and a management discipline throughout the acquisition and operation of the organization or equipment. Designated operational area means a geographic area designated by the combatant commander or subordinate joint force air force officer for the impart or defend of specified military operations. Direct acquisition means a character of interagency acquisition where a requesting agency places an order directly against a servicing agency ’ s indefinite-delivery narrow. The servicing agency manages the indefinite-delivery contract but does not participate in the placement or administration of an order. Direct cost means any monetary value that is identified specifically with a especial final monetary value objective. Direct costs are not limited to items that are incorporated in the end product as material or labor. Costs identified specifically with a contract are direct costs of that compress. All costs identified specifically with other final monetary value objectives of the contractor are direct costs of those cost objectives. Disaster Response Registry means a voluntary register of contractors who are bequeath to perform debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities established in accordance with 6 U.S.C. 796, Registry of Disaster Response Contractors. The Registry contains information on contractors who are bequeath to perform disaster or emergency stand-in activities within the United States and its outlying areas. The Registry is accessed via the Internet at hypertext transfer protocol : //www.sam.gov, Search Records, Advanced Search, Disaster Response Registry Search. ( See 26.205. ) Drug-free workplace means the site ( sulfur ) for the performance of work done by the contractor in connection with a specific shrink where employees of the contractile organ are prohibited from engaging in the unlawful fabricate, distribution, distribute, possession, or use of a operate means. Earned value management system means a project management tool that efficaciously integrates the project scope of work with monetary value, schedule and performance elements for optimum project planning and control. The qualities and operating characteristics of an earned value management system are described in Electronic Industries Alliance Standard 748 ( EIA-748 ), Earned Value Management Systems. ( See OMB Circular A-11, region 7. ) Economically disadvantaged women-owned small business (EDWOSB) concern – ( see definition of “ Women-Owned Small Business ( WOSB ) Program ” in this segment ). Effective date of termination means the date on which the poster of termination requires the contractile organ to stop performance under the shrink. If the contractile organ receives the result notice after the date fixed for termination, then the effective date of termination means the go steady the contractile organ receives the notice. Electronic commerce means electronic techniques for accomplishing business transactions including electronic mail or message, World Wide Web technology, electronic bulletin boards, purchase cards, electronic funds transfer, and electronic data counterchange. Electronic data interchange (EDI ) means a technique for electronically transferring and storing formatted information between computers utilizing established and published formats and codes, as authorized by the applicable Federal Information Processing Standards. Electronic Funds Transfer (EFT ) means any transfer of funds, other than a transaction originated by cash, confirmation, or like newspaper instrument, that is initiated through an electronic terminal, telephone, calculator, or magnetic tape, for the purpose of ordering, instructing, or authorizing a fiscal mental hospital to debit or credit an account. The condition includes Automated Clearing House transfers, Fedwire transfers, and transfers made at automatic pistol teller machines and point-of-sale terminals. For purposes of complaisance with 31 U.S.C.3332 and follow through regulations at 31 CFR separate 208, the terminus “ electronic funds transfer ” includes a Governmentwide commercial purchase tease transaction. Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the delicacy of the commercial, nonprofit, or Government entity to establish extra System for Award Management records for identifying alternate EFT accounts ( see subpart 32.11 ) for the same entity. Emergency, as used in 6.208, 13.201, 13.500, 18.001, 18.202, 18.203, and subpart 26.2, means any occasion or case for which, in the decision of the President, Federal aid is needed to supplement State and local anesthetic efforts and capabilities to save lives and to protect property and public health and guard, or to lessen or avert the threat of a catastrophe in any part of the United States ( 42 U.S.C. 5122 ). End product means supplies delivered under a line item of a Government contract, except for use in contribution 25 and the consociate clauses at 52.225-1, 52.225-3, and 52.225-5, see the definitions in 25.003, 52.225-1 ( a ), 52.225-3 ( a ), and 52.225-5 ( a ). Energy-efficient product — ( 1 ) Means a product that– ( iodine ) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label ; or ( two ) Is in the upper 25 percentage of efficiency for all like products as designated by the Department of Energy ’ s Federal Energy Management Program. ( 2 ) As used in this definition, the term “ product ” does not include any energy-consuming intersection or system designed or procured for battle or combat-related missions ( 42 U.S.C. 8259b ). Energy-efficient standby power devices means products that use— ( 1 ) External standby power devices, or that contain an home understudy power function ; and ( 2 ) no more than one watt of electricity in their standby power consuming mode or meet commend broken standby levels as designated by the Department of Energy Federal Energy Management Program. Energy-savings performance contract means a narrow that requires the contractor to- ( 1 ) perform services for the design, acquisition, financing, installation, testing, operation, and where allow, sustenance and compensate, of an identify energy conservation bill or series of measures at one or more locations ; ( 2 ) Incur the costs of implementing the energy savings measures, including at least the monetary value ( if any ) incurred in making energy audits, acquiring and installing equipment, and training personnel in exchange for a predetermine share of the value of the energy savings immediately resulting from execution of such measures during the term of the narrow ; and ( 3 ) undertake future energy and price savings to the Government. Environmentally preferable means products or services that have a lesser or reduce effect on human health and the environment when compared with competing products or services that serve the lapp function. This comparison may think raw materials acquisition, production, manufacture, packaging, distribution, recycle, operation, maintenance, or disposal of the merchandise or service. Excess personal property means any personal property under the restraint of a Federal agency that the agency head determines is not required for its needs or for the discharge of its responsibilities. Executive agency means an administrator department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104 ( 1 ), respectively, and any wholly own Government corporation within the mean of 31 U.S.C.9101. Facilities capital cost of money means “ cost of money as an element of the cost of facilities capital ” as used at 48 CFR 9904.414-Cost Accounting Standard-Cost of Money as an element of the cost of Facilities Capital. Federal agency means any executive agency or any freelancer administration in the legislative or judicial branch of the Government ( except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect ’ south direction ). Federally-controlled facilities means— ( 1 ) Federally-owned buildings or leased space, whether for individual or multi-tenant occupancy, and its grounds and approaches, all or any fortune of which is under the jurisdiction, detention or control condition of a department or agency ; ( 2 ) Federally-controlled commercial space shared with non-government tenants. For exercise, if a department or agency leased the tenth floor of a commercial building, the Directive applies to the tenth floor only ; ( 3 ) Government-owned, contractor-operated facilities, including laboratories engaged in national defense research and production activities ; and ( 4 ) Facilities under a management and operate sign, such as for the mathematical process, care, or corroborate of a Government-owned or Government-controlled inquiry, growth, special production, or testing establishment. Federally-controlled information system means an information system ( 44 U.S.C. 3502 ( 8 ) used or operated by a Federal agency, or a contractor or other constitution on behalf of the means ( 44 U.S.C. 3544 ( a ) ( 1 ) ( A ) ). Federally Funded Research and Development Centers (FFRDC’s ) means activities that are sponsored under a wide charter by a Government agency ( or agencies ) for the purpose of performing, analyzing, integrating, supporting, and/or managing basic or applied research and/or development, and that receive 70 percentage or more of their fiscal support from the Government ; and- ( 1 ) A long-run relationship is contemplated ; ( 2 ) Most or all of the facilities are owned or funded by the Government ; and ( 3 ) The FFRDC has entree to Government and supplier data, employees, and facilities beyond that common in a normal contractual kinship. Final indirect cost rate means the indirect cost rate established and agreed upon by the Government and the contractor as not subject to change. It is normally established after the close of the contractor ’ mho fiscal year ( unless the parties decide upon a different period ) to which it applies. For cost-reimbursement research and development contracts with educational institutions, it may be predetermined ; that is, established for a future period on the footing of cost experience with alike contracts, together with supporting data. First article means a preproduction model, initial production sample, trial sample, beginning set, fly fortune, or navigate models. First article testing means testing and evaluating the first article for conformity with specified abridge requirements before or in the initial stage of production. F.o.b. means detached on control panel. This term is used in junction with a physical sharpen to determine- ( 1 ) The duty and footing for requital of freight charges ; and ( 2 ) Unless otherwise agreed, the distributor point where title for goods passes to the buyer or consignee. F.o.b. finish means loose on board at destination ; i.e., the seller or consigner delivers the goods on seller ’ second or consigner ’ second conveyance at destination. Unless the contract provides otherwise, the seller or consigner is responsible for the price of shipping and risk of personnel casualty. For function in the clause at 52.247-34, see the definition at 52.247-34 ( a ). F.o.b. origin means spare on board at lineage ; i.e., the seller or consigner places the goods on the conveyance. Unless the narrow provides differently, the buyer or consignee is responsible for the cost of transport and hazard of loss. For practice in the article at 52.247-29, see the definition at 52.247-29 ( a ). F.o.b …. ( For other types of F.o.b., see 47.303 ). Forward pricing rate agreement means a written agreement negotiated between a contractor and the Government to make certain rates available during a pin down period for manipulation in pricing contracts or modifications. These rates represent fair projections of particular costs that are not easily estimated for, identified with, or generated by a particular contract, shrink end detail, or task. These projections may include rates for such things as department of labor, indirect costs, substantial obsolescence and usage, spare parts provision, and material treatment. Forward pricing rate recommendation means a pace set unilaterally by the administrative contracting officer for use by the Government in negotiations or early condense actions when forward pricing rate agreement negotiations have not been completed or when the contractile organ will not agree to a forward pricing rate agreement. Freight means supplies, goods, and movable property. Full and open competition, when used with respect to a contract action, means that all creditworthy sources are permitted to compete. General and administrative (G&A) expense means any management, fiscal, and other expense which is incurred by or allocated to a business unit and which is for the cosmopolitan management and administration of the business unit as a solid. G & A expense does not include those management expenses whose beneficial or causal relationship to cost objectives can be more directly measured by a basis other than a price input base representing the total activeness of a business unit during a price accounting period. Global warming potential means how much a given mass of a chemical contributes to global warm over a given time menstruation compared to the same mass of carbon paper dioxide. Carbon dioxide ’ second global warming potential is defined as 1.0. Governmentwide acquisition contract (GWAC ) means a task-order or delivery-order contract for information technology established by one agency for Governmentwide use that is operated- ( 1 ) By an executive agent designated by the Office of Management and Budget pursuant to 40 U.S.C. 11302 ( east ) ; or ( 2 ) Under a deputation of procurement authority issued by the General Services Administration ( GSA ) anterior to August 7,1996, under authority granted GSA by former incision 40 U.S.C. 759, repealed by Pub. L. 104-106. The Economy Act does not apply to orders under a Governmentwide acquisition shrink. Governmentwide point of entry (GPE ) means the individual point where Government business opportunities greater than $ 25,000, including synopses of proposed contract actions, solicitations, and associated information, can be accessed electronically by the public. The GPE is located at hypertext transfer protocol : //www.sam.gov. Head of the agency ( see “ agency head “ ). Head of the contracting activity means the official who has overall province for managing the contracting activity. High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a detail end use for which EPA ’ s Significant New Alternatives Policy ( SNAP ) program has identified other acceptable alternatives that have lower global warming potential. The SNAP number of alternatives is found at 40 CFR part 82 subpart G with supplementary tables of alternatives available at hypertext transfer protocol : //www.epa.gov/snap/ ). Historically black college or university means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. HUBZone means a historically underutilized business zone that is an area located within one or more qualify census tracts, qualified nonmetropolitan counties, lands within the external boundaries of an indian mental reservation, qualified base blockage areas, or redesignated areas, as defined in 13 CFR 126.103. HUBZone contract means a contract awarded to a Small Business Administration certified “ HUBZone small business concern “ through any of the watch procurement methods : ( 1 ) A exclusive reservoir award to a HUBZone small business concern. ( 2 ) booked awards based on competition restricted to HUBZone small business concerns. ( 3 ) Awards to HUBZone small business concerns through full and open competition after a price evaluation preference in favor of HUBZone small business concerns. ( 4 ) Awards based on a reserve for HUBZone small business concerns in a solicitation for a multiple-award contract. HUBZone small business concern means a small business concern, certified by the Small Business Administration ( SBA ), that appears on the list of Qualified HUBZone Small Business Concerns maintained by the SBA ( 13 CFR 126.103 ). Humanitarian or peacekeeping operation means a military operation in support of the provision of humanitarian or extraneous disaster aid or in confirm of a peacekeeping operation under chapter VI or VII of the Charter of the United Nations. The term does not include routine trail, force rotation, or stationing ( 10 U.S.C.2302 ( 8 ) and 41 U.S.C. 153 ( 2 ) ). Hydrofluorocarbons means compounds that contain entirely hydrogen, fluorine, and carbon. In writing, “ write, ” or “ written ” means any worded or total construction that can be read, reproduced, and later communicated, and includes electronically transmitted and stored data. Indirect cost means any monetary value not directly identified with a individual concluding cost objective, but identified with two or more final price objectives or with at least one intercede monetary value objective. Indirect cost rate means the percentage or dollar gene that expresses the ratio of indirect expense incurred in a given period to direct labor monetary value, manufacturing monetary value, or another appropriate basal for the same menstruation ( see besides “ final indirect cost rate “ ). Ineligible means excluded from Government contracting ( and subcontract, if appropriate ) pursuant to statutory, administrator ordering, or regulative authority other than this regulation ( 48 CFR chapter 1 ) and its follow through and supplement regulations ; for example, pursuant to– ( 1 ) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements ( Construction ), and its related statutes and implement regulations ; ( 2 ) 41 U.S.C. chapter 67, Service Contract Labor Standards ; ( 3 ) The peer Employment Opportunity Acts and Executive orders ; ( 4 ) 41 U.S.C. chapter 65, Contracts for Material, Supplies, Articles, and Equipment Exceeding $ 10,000 ; ( 5 ) 41 U.S.C. chapter 83, Buy American ; or ( 6 ) The environmental Protection Acts and Executive orders. Information and communication technology (ICT ) means information technology and other equipment, systems, technologies, or processes, for which the star serve is the initiation, handling, storage, display, receipt, or transmission of electronic data and information, adenine well as any associate contented. Examples of ICT include but are not limited to the pursue : Computers and peripheral equipment ; information kiosks and transaction machines ; telecommunications equipment ; customer premises equipment ; multifunction office machines ; software ; applications ; websites ; videos ; and electronic documents. Information security means protecting information and data systems from unauthorized access, use, disclosure, dislocation, alteration, or destruction in regulate to provide- ( 1 ) integrity, which means guarding against improper information alteration or destruction, and includes ensuring data nonrepudiation and authenticity ; ( 2 ) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information ; and ( 3 ) Availability, which means ensuring timely and authentic entree to, and use of, information. Information technology means any equipment, or coordinated system ( randomness ) or subsystem ( mho ) of equipment, that is used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, campaign, operate, display, switching, interchange, transmission, or reception of data or information by the means. ( 1 ) For purposes of this definition, equipment is used by an representation if the equipment is used by the means directly or is used by a contractor under a contract with the agency that requires- ( i ) Its use ; or ( two ) To a meaning extent, its use in the performance of a service or the furnishing of a product. ( 2 ) The condition “ information technology “ includes computers, accessory equipment ( including imaging peripherals, remark, output, and repositing devices necessary for security system and surveillance ), peripheral equipment designed to be controlled by the cardinal work unit of a calculator, software, firmware and alike procedures, services ( including support services ), and refer resources. ( 3 ) The term “ information technology “ does not include any equipment that- ( one ) Is acquired by a contractile organ incidental expense to a narrow ; or ( two ) Contains implant information technology that is used as an integral part of the product, but the chief function of which is not the acquisition, storage, analysis, evaluation, manipulation, management, motion, control, display, switching, substitute, transmission, or reception of data or information. For exemplar, HVAC ( heat, ventilation, and tune condition ) equipment, such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology. inherently governmental function means, as a topic of policy, a function that is thus well related to the public sake as to mandate performance by Government employees. This definition is a policy decision, not a legal decision. An inherently governmental function includes activities that require either the exercise of discretion in applying Government authority, or the make of prize judgments in making decisions for the Government. Governmental functions normally fall into two categories : the act of governing, i.e., the discretionary exercise of Government authority, and monetary transactions and entitlements. ( 1 ) An inherently governmental affair involves, among early things, the rendition and murder of the laws of the United States sol as to- ( one ) Bind the United States to take or not to take some military action by contract, policy, regulation, authority, order, or differently ; ( two ) Determine, protect, and advance United States economic, political, territorial, place, or other interests by military or diplomatic military action, civil or criminal discriminative proceedings, contract management, or otherwise ; ( three ) significantly affect the life, liberty, or property of secret persons ; ( four ) Commission, appoint, direct, or control officers or employees of the United States ; or ( five ) Exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the solicitation, see, or spending of Federal funds. ( 2 ) inherently governmental functions do not normally include gathering information for or providing advice, opinions, recommendations, or ideas to Government officials. They besides do not include functions that are primarily ministerial and inner in nature, such as building security, mail operations, operation of cafeteria, housework, facilities operations and maintenance, warehouse operations, centrifugal vehicle fleet management operations, or early routine electric or mechanical services. Inspection means examining and testing supplies or services ( including, when appropriate, raw materials, components, and intermediate assemblies ) to determine whether they conform to contract requirements. Insurance means a contract that provides that for a stipulate consideration, one party undertakes to indemnify another against personnel casualty, damage, or liability arising from an unknown or contingent event. Interagency acquisition means a routine by which an agency needing supplies or services ( the requesting agency ) obtains them from another agency ( the servicing agency ), by an assisted acquisition or a direct acquisition. The term includes— ( 1 ) Acquisitions under the Economy Act ( 31 U.S.C. 1535 ) ; and ( 2 ) Non-Economy Act acquisitions completed under other statutory authorities, ( e.g., General Services Administration Federal Supply Schedules in subpart 8.4 and Governmentwide acquisition contracts ( GWACs ) ). Invoice means a contractor ’ mho circular or written request for payment under the shrink for supplies deliver or services performed ( see besides “ proper invoice “ ). Irrevocable letter of credit means a written committedness by a federally cover fiscal mental hospital to pay all or part of a declared sum of money, until the exhalation date of the letter, upon the Government ’ randomness ( the beneficiary ) presentation of a written necessitate for payment. Neither the fiscal mental hospital nor the offeror /contractor can revoke or condition the letter of credit. Labor surplus area means a geographic area identified by the Department of Labor in accord with 20 CFR separate 654, subpart A, as an area of hard unemployment or underemployment or an area of undertaking excess. Labor surplus area concern means a business that together with its first-tier subcontractors will perform substantially in labor surplus areas. operation is substantially in labor surplus areas if the costs incurred under the contract on score of manufacture, production, or performance of appropriate services in labor surplus areas exceed 50 percentage of the contract price. Latent defect means a defect that exists at the time of acceptance but can not be discovered by a fair inspection. Line item means the basic structural chemical element in a procurement instrument that describes and organizes the necessitate intersection or service for pricing, delivery, inspection, acceptance, invoice, and requital. The consumption of the term “ line item “ includes “ subline item, ” as applicable. Line item number means either a numeric or alphanumeric format to identify a line item. Major disaster, as used in 6.208, 13.201, 13.500, 18.001, 18.202, 18.203, and subpart 26.2, means any natural catastrophe ( including any hurricane, crack, storm, high water, winddriven water system, tidal wave, tsunami, earthquake, volcanic volcanic eruption, landslide, mudslide, blizzard, or drought ), or careless of cause, any fire, flood, or explosion, in any contribution of the United States, which, in the determination of the President, causes wrong of sufficient austereness and magnitude to warrant major disaster aid under the Stafford Act to supplement the efforts and available resources of States, local anesthetic governments, and calamity relief organizations in alleviating the wrong, loss, hardship, or suffering caused thereby ( 42 U.S.C. 5122 ). Major system means that combination of elements that will function in concert to produce the capabilities required to fulfill a deputation need. The elements may include hardware, equipment, software, or any combination thence, but exclude construction or other improvements to veridical property. A system is a major system if- ( 1 ) The Department of Defense is responsible for the system and the entire expenditures for research, development, screen, and evaluation for the system are estimated to be more than $ 185 million based on fiscal year 2014 constant dollars or the eventual full expending for the acquisition exceeds $ 835 million based on fiscal class 2014 constant dollars ( or any update of these thresholds based on a more holocene fiscal year, as specified in the DoD Instruction 5000.02, “ operation of the Defense Acquisition System ” ) ; ( 2 ) A civilian agency is responsible for the system and total expenditures for the organization are estimated to exceed $ 2.5 million or the dollar brink for a “ major system “ established by the agency pursuant to Office of Management and Budget Circular A-109, entitled “ Major System Acquisitions, ” whichever is greater ; or ( 3 ) The system is designated a “ major system “ by the head of the agency responsible for the system ( 10 U.S.C.2302 and 41 U.S.C. 109 ).

Make-or-buy program means that depart of a contractor ’ s written design for a narrow identifying those major items to be produced or work efforts to be performed in the prime contractor ’ s facilities and those to be subcontracted. Manufactured end product means any end product in intersection and serve codes ( PSC ) 1000-9999, except- ( 1 ) PSC 5510, Lumber and Related Basic Wood Materials ; ( 2 ) intersection or avail group ( PSG ) 87, Agricultural Supplies ; ( 3 ) PSG 88, Live Animals ; ( 4 ) PSG 89, Subsistence ; ( 5 ) PSC 9410, Crude Grades of Plant Materials ; ( 6 ) PSC 9430, Miscellaneous Crude Animal Products, Inedible ; ( 7 ) PSC 9440, assorted Crude Agricultural and Forestry Products ; ( 8 ) PSC 9610, Ores ; ( 9 ) PSC 9620, Minerals, Natural and Synthetic ; and ( 10 ) PSC 9630, Additive Metal Materials. Market research means collecting and analyzing information about capabilities within the market to satisfy means needs. Master solicitation means a document containing particular clauses and provisions that have been identified as essential for the acquisition of a specific type of add or service that is acquired repetitively. May denotes the permissive. however, the words “ no person may … ” mean that no person is required, authorized, or permitted to do the act described. Micro-purchase means an acquisition of supplies or services using simplified acquisition procedures, the aggregate sum of which does not exceed the micro-purchase threshold. Micro-purchase threshold means $ 10,000, except it means- ( 1 ) For acquisitions of construction subject to 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements ( Construction ), $ 2,000 ; ( 2 ) For acquisitions of services subject to 41 U.S.C. chapter 67, Service Contract Labor Standards, $ 2,500 ; ( 3 ) For acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation ; to facilitate defense against or convalescence from cyber, nuclear, biological, chemical or radiological attack ; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate planning of external catastrophe aid pursuant to 22 U.S.C. 2292 et seq. ; or to support reception to an emergency or major disaster ( 42 U.S.C. 5122 ), as described in 13.201 ( g ) ( 1 ), except for construction subject to 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements ( Construction ) ( 41 U.S.C. 1903 ) – ( one ) $ 20,000 in the case of any contract to be awarded and performed, or buy to be made, inside the United States ; and ( two ) $ 35,000 in the case of any compress to be awarded and performed, or purchase to be made, outside the United States ; and ( 4 ) For acquisitions of supplies or services from institutions of higher education ( 20 U.S.C. 1001 ( a ) ) or related or affiliated nonprofit entities, or from nonprofit research organizations or independent research institutes— ( one ) $ 10,000 ; or ( two ) A higher doorsill, as determined appropriate by the head of the agency and reproducible with clean audited account findings under 31 U.S.C. chapter 75, Requirements for Single Audits ; an inner institutional hazard assessment ; or State police. Minority Institution means an mental hospital of higher education meeting the requirements of section 365 ( 3 ) of the Higher Education Act of 1965 ( 20 U.S.C. 1067k ), including a Hispanic-serving institution of higher education, as defined in segment 502 ( a ) of the Act ( 20 U.S.C. 1101a ). Multi-agency contract (MAC ) means a task-order or delivery-order condense established by one agency for habit by Government agencies to obtain supplies and services, consistent with the Economy Act ( see 17.502-2 ). Multi-agency contracts include contracts for information technology established pursuant to 40 U.S.C. 11314 ( a ) ( 2 ). Multiple-award contract means a contract that is— ( 1 ) A multiple Award Schedule condense issued by GSA ( for example, GSA Schedule Contract ) or agencies granted Multiple Award Schedule contract authority by GSA ( e.g., Department of Veterans Affairs ) as described in FAR part 38 ; ( 2 ) A multiple-award task-order or delivery-order contract issued in accordance with FAR subpart 16.5, including Governmentwide acquisition contracts ; or ( 3 ) Any other indefinite-delivery, indefinite-quantity contract entered into with two or more sources pursuant to the lapp solicitation. Must ( see “ shall “ ). National defense means any activity related to programs for military or atomic energy production or construction, military aid to any extraneous nation, stockpiling, or space, except that for use in subpart 11.6, see the definition in 11.601. Neutral person means an impartial third party, who serves as a mediator, fact finder, or arbiter, or otherwise functions to assist the parties to resolve the issues in controversy. A neutral person may be a permanent or temp policeman or employee of the Federal Government or any other individual who is acceptable to the parties. A neutral person must have no official, fiscal, or personal conflict of interest with respect to the issues in controversy, unless the interest is fully disclosed in writing to all parties and all parties agree that the neutral person may serve ( 5 U.S.C.583 ). Nondevelopmental item means— ( 1 ) Any previously developed item of provide used entirely for governmental purposes by a Federal agency, a State or local politics, or a extraneous politics with which the United States has a reciprocal defense mechanism cooperation agreement ; ( 2 ) Any item described in paragraph ( 1 ) of this definition that requires only minor change or modifications of a type customarily available in the commercial marketplace in club to meet the requirements of the pander department or means ; or ( 3 ) Any item of add being produced that does not meet the requirements of paragraph ( 1 ) or ( 2 ) entirely because the token is not yet in use. Novation agreement means a legal instrument- ( 1 ) Executed by the- ( i ) Contractor ( transferor ) ; ( two ) successor in interest ( transfer ) ; and ( three ) Government ; and ( 2 ) By which, among other things, the transferor guarantees operation of the sign, the transfer assumes all obligations under the contract, and the Government recognizes the transfer of the shrink and relate assets. Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the attendant contract. Responses to invitations for bids ( seal bid ) are offers called “ bids ” or “ plastered bids ” ; responses to requests for proposals ( negotiation ) are offers called “ proposals ” ; however, responses to requests for quotations ( simplified acquisition ) are “ quotations, ” not offers. For unsolicited proposals, see subpart 15.6. Offeror means offeror or bidder. Office of Small and Disadvantaged Business Utilization means the Office of Small Business Programs when referring to the Department of Defense. OMB Uniform Guidance at 2 CFR part 200 is the abbreviate title for Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ( 2 CFR part 200 ), which supersedes OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133, and the guidance in circular A-50 on Audit Followup. Option means a unilateral right in a condense by which, for a specify prison term, the Government may elect to purchase extra supplies or services called for by the contract, or may elect to extend the term of the shrink. Organizational conflict of interest means that because of other activities or relationships with early persons, a person is unable or potentially unable to render unprejudiced aid or advice to the Government, or the person ’ second objectivity in performing the contract work is or might be otherwise mar, or a person has an unfair competitive advantage. Outlying areas means- ( 1 ) Commonwealths ( iodine ) Puerto Rico. ( two ) The Northern Mariana Islands ; ( 2 ) Territories. ( one ) American Samoa. ( two ) Guam. ( three ) U.S. Virgin Islands ; and ( 3 ) Minor outlying islands. ( one ) Baker Island. ( two ) Howland Island. ( three ) Jarvis Island. ( four ) Johnston Atoll. ( five ) Kingman Reef. ( six ) Midway Islands. ( seven ) Navassa Island. ( eight ) Palmyra Atoll. ( nine ) Wake Atoll. Overtime means time worked by a contractor ’ south employee in excess of the employee ’ randomness normal workweek. Overtime premium means the difference between the contractor ’ s regular rate of pay up to an employee for the shift involved and the higher rate paid for overtime. It does not include lurch premium, i.e., the difference between the contractor ‘s unconstipated rate of pay to an employee and the higher rate paid for extra-pay-shift exploit. Ozone-depleting substance means any kernel the Environmental Protection Agency designates in 40 CFR Part 82 as— ( 1 ) class I, including, but not limit to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform ; or ( 2 ) class II, including, but not limited to, hydrochlorofluorocarbons. Partial termination means the termination of a part, but not all, of the work that has not been completed and accepted under a contract. Past performance means an offeror ’ south or contractor ’ randomness performance on active and physically completed contracts ( see 4.804-4 ). Performance-based acquisition (PBA ) means an acquisition structured around the results to be achieved as opposed to the manner by which the workplace is to be performed. Performance Work Statement (PWS ) means a statement of work for performance-based acquisitions that describes the want results in clean, specific and objective terms with measurable outcomes. Personal property means property of any kind or interest in it except real property, records of the Federal Government, and naval vessels of the follow categories : ( 1 ) Battleships ; ( 2 ) Cruisers ; ( 3 ) aircraft carriers ; ( 4 ) Destroyers ; and ( 5 ) Submarines. Personal services contract means a narrow that, by its carry terms or as administered, makes the contractor personnel appear to be, in impression, Government employees ( see 37.104 ). Plant clearance officer means an authoritative representative of the contracting officer, appointed in accord with representation procedures, responsible for screening, redistributing, and disposing of contractile organ inventory from a contractor ’ randomness plant or work locate. The terminus “ Contractor ’ sulfur plant ” includes, but is not limited to, Government-owned contractor-operated plants, Federal installations, and Federal and non-Federal industrial operations, as may be required under the telescope of the condense. Pollution prevention means any rehearse that- ( 1 ) ( iodine ) Reduces the measure of any hazardous meaning, pollutant, or contaminant entering any neutralize flow or differently released into the environment ( including fugitive emissions ) prior to recycling, treatment, or administration ; and ( two ) Reduces the hazards to public health and the environment associated with the unblock of such substances, pollutants, and contaminants ; ( 2 ) Reduces or eliminates the universe of pollutants through increased efficiency in the use of bleak materials, energy, water system, or other resources ; or ( 3 ) Protects natural resources by conservation. Power of attorney means the authority given one person or corporation to act for and obligate another, as specified in the instrument creating the world power ; in bodied suretyship, an instrument under seal that appoints an attorney-in-fact to act in behalf of a surety ship’s company in signing bonds ( see besides “ attorney-in-fact ” at 28.001 ). Preaward survey means an evaluation of a prospective contractor ’ mho capability to perform a proposed shrink. Preponderance of the evidence means proof by information that, compared with that opposing it, leads to the termination that the fact at exit is more probably truthful than not. Pricing means the process of establishing a reasonable sum or amounts to be paid for supplies or services. Principal means an officer, director, owner, spouse, or a person having primary coil management or supervisory responsibilities within a business entity ( for example, general director ; plant coach ; head of a division or business segment ; and similar positions ). Procurement ( see “ acquisition “ ). Procuring activity means a component of an executive agency having a significant acquisition routine and designated as such by the head of the agency. Unless agency regulations specify otherwise, the term “ procuring activity “ is synonymous with “ contracting activity. ” Products has the lapp mean as “ supplies. ” Projected average loss means the estimated long-run average loss per time period for periods of comparable exposure to risk of loss. Proper invoice means an invoice that meets the minimum standards specified in 32.905 ( b ). Purchase order, when issued by the Government, means an offer by the Government to buy supplies or services, including construction and research and exploitation, upon specified terms and conditions, using simplified acquisition procedures. Qualification requirement means a Government necessity for testing or other quality assurance demonstration that must be completed before award of a shrink. Qualified products list (QPL ) means a list of products that have been examined, tested, and have satisfied all applicable qualification requirements. Qualifying offeror, as used in 13.106-1 and 15.304, means an offeror that is determined to be a responsible source, submits a technically acceptable marriage proposal that conforms to the requirements of the solicitation, and the contracting officer has no reason to believe would be likely to offer other than bonny and fair pricing ( 10 U.S.C. 2305 ( a ) ( 3 ) ( D ) ). Receiving report means written evidence that indicates Government toleration of supplies delivered or services performed ( see subpart 46.6 ). Receiving reports must meet the requirements of 32.905 ( coulomb ). Recovered material means waste materials and by- products recovered or diverted from firm waste, but the term does not include those materials and by- products generated from, and normally reused within, an original manufacture serve. For use in subpart 11.3 for composition and composition products, see the definition at 11.301. Registered in the System for Award Management (SAM ) means that— ( 1 ) The Contractor has entered all mandate information, including the unique entity identifier and the Electronic Funds Transfer indicator ( if applicable ), the Commercial and Government Entity (CAGE) code, adenine well as data required by the Federal Funding Accountability and Transparency Act of 2006 ( see subpart 4.14 ), into SAM ; ( 2 ) The contractile organ has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM ; ( 3 ) The Government has validated all compulsory data fields, to include establishment of the Taxpayer Identification Number (TIN ) with the Internal Revenue Service ( IRS ). The contractor will be required to provide accept for TIN establishment to the Government as a part of the SAM registration work ; and ( 4 ) The Government has marked the commemorate Active. Renewable energy means energy produced by solar, wind, geothermal, biomass, landfill gas, ocean ( including tidal, wave, current, and thermal ), municipal solid waste, or new hydroelectric generation capability achieved from increased efficiency or additions of newly capacity at an existing hydroelectric project ( Energy Policy Act of 2005, 42 U.S.C. 15852 ). Renewable energy technology means— ( 1 ) Technologies that use renewable energy to provide fall, hotness, cooling, or mechanical or electric energy for habit in facilities or other activities ; or ( 2 ) The habit of integrated whole-building designs that rely upon renewable energy resources, including passive solar purpose. Requesting agency means the representation that has the necessity for an interagency acquisition. Residual value means the proceeds, less removal and disposal costs, if any, realized upon inclination of a palpable capital asset. It normally is measured by the net proceeds from the sale or early inclination of the asset, or its clean value if the asset is traded in on another asset. The calculate residual value is a current forecast of the residual value. Responsible audit agency means the agency that is responsible for performing all required contract audit services at a business unit. Responsible prospective contractor means a contractor that meets the standards in 9.104. Scrap means personal property that has no respect except its basic metallic, mineral, or organic contented. Segment means one of two or more divisions, merchandise departments, plants, or other subdivisions of an organization reporting immediately to a home office, normally identified with duty for profit and/or producing a product or service. The term includes- ( 1 ) Government-owned contractor-operated ( GOCO ) facilities ; and ( 2 ) joint ventures and subsidiaries ( domestic and alien ) in which the organization has- ( one ) A majority ownership ; or ( two ) Less than a majority ownership, but over which it exercises control. Self-insurance means the assumption or retention of the hazard of personnel casualty by the contractor, whether voluntarily or involuntarily. Self-insurance includes the deductible fortune of buy insurance. Senior procurement executive means the individual appointed pursuant to 41 U.S.C. 1702 ( deoxycytidine monophosphate ) who is responsible for management direction of the acquisition system of the executive agency, including implementation of the alone acquisition policies, regulations, and standards of the executive agency. Service-disabled veteran-owned small business concern — ( 1 ) Means a small business concern – ( one ) not less than 51 percentage of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percentage of the stock of which is owned by one or more service-disabled veterans ; and ( two ) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and dangerous disability, the spouse or permanent caregiver of such veteran. ( 2 ) Service-disabled veteran means a veteran, as defined in 38 U.S.C.101 ( 2 ), with a disability that is service-connected, as defined in 38 U.S.C.101 ( 16 ). Servicing agency means the agency that will conduct an assisted acquisition on behalf of the requesting agency. Shall denotes the imperative. Shipment means freight transported or to be transported. Shop drawings means drawings submitted by the construction contractor or a subcontractor at any tier or required under a construction sign, showing in detail either or both of the follow : ( 1 ) The proposed fabrication and assembly of morphologic elements. ( 2 ) The facility ( i.e., human body, suit, and attachment details ) of materials or equipment. Should means an expect course of natural process or policy that is to be followed unless inappropriate for a particular circumstance. Signature or “ signed ” means the discrete, confirmable symbol of an individual that, when affixed to a writing with the cognition and accept of the individual, indicates a stage purpose to authenticate the publish. This includes electronic symbols. Simplified acquisition procedures means the methods prescribed in depart 13 for making purchases of supplies or services. Simplified acquisition threshold means $ 250,000, except for— ( 1 ) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation ; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack ; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of external catastrophe aid pursuant to 22 U.S.C. 2292 et seq. ; or to support reaction to an emergency or major disaster ( 42 U.S.C. 5122 ), ( 41 U.S.C. 1903 ), the term means– ( iodine ) $ 800,000 for any compress to be awarded and performed, or purchase to be made, inside the United States ; and ( two ) $ 1.5 million for any contract to be awarded and performed, or purchase to be made, outside the United States ; and ( 2 ) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a humanitarian or peacekeeping operation ( 10 U.S.C. 2302 ), the term means $ 500,000 for any contract to be awarded and performed, or purchase to be made, outside the United States. Single, Governmentwide point of entry, means the one point of submission to be designated by the Administrator of OFPP that will allow the individual sector to electronically access procurement opportunities Governmentwide. Small business concern — ( 1 ) Means a concern, including its affiliates, that is independently owned and operated, not dominant allele in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR separate 121 ( see 19.102 ). Such a concern is “ not dominant in its field of operation ” when it does not exercise a master or major charm on a national basis in a kind of occupation bodily process in which a number of business concerns are chiefly engaged. In determining whether dominance exists, retainer must be given to all appropriate factors, including bulk of business, number of employees, fiscal resources, competitive status or place, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business bodily process. ( See 15 U.S.C. 632. ) ( 2 ) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a one-third party or parties restraint or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, coarse management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. Small business subcontractor means a concern that does not exceed the size criterion for the north american english Industry Classification Systems code that the prime contractor determines good describes the merchandise or serve being acquired by the subcontract. Small Business Teaming Arrangement — ( 1 ) Means an arrangement where– ( one ) Two or more small business concerns have formed a joint venture ; or ( two ) A small business offeror agrees with one or more other small business concerns to have them act as its subcontractors under a pin down Government contract. A Small Business Teaming Arrangement between the offeror and its small business subcontractor ( sulfur ) exists through a written agreement between the parties that– ( A ) Is specifically referred to as a “ Small Business Teaming Arrangement “ ; and ( B ) Sets forth the different responsibilities, roles, and percentages ( or other allocations ) of influence as it relates to the acquisition ; ( 2 ) ( one ) For civilian agencies, may include two commercial enterprise concerns in a mentor-protégé relationship when both the mentor and the protégé are modest or the protégé is small and the concerns have received an exception to affiliation pursuant to 13 CFR 121.103 ( henry ) ( 3 ) ( two ) or ( three ). ( two ) For DoD, may include two business concerns in a mentor-protégé kinship in the Department of Defense Pilot Mentor-Protégé Program ( see section 831 of the National Defense Authorization Act for Fiscal year 1991 ( public Law 101-510 ; 10 U.S.C. 2302 note ) ) when both the mentor and the protégé are small. There is no exception to joint venture size affiliation for offers received from teaming arrangements under the Department of Defense Pilot Mentor-Protégé Program ; and ( 3 ) See 13 CFR 121.103 ( barn ) ( 9 ) regarding the exception to affiliation for offers received from Small Business Teaming Arrangements in the case of a solicitation of offers for a bundled contract with a reserve. Small disadvantaged business concern coherent with 13 CFR 124.1002, means a small business concern under the size criterion applicable to the acquisition, that : ( 1 ) Is at least 51 percentage flatly and directly owned ( as defined at 13 CFR 124.105 ) by— ( one ) One or more socially disadvantaged ( as defined at 13 CFR 124.103 ) and economically disadvantaged ( as defined at 13 CFR 124.104 ) individuals who are citizens of the United States ; and ( two ) Each individual claiming economic disadvantage has a net worth not exceeding $ 750,000 after taking into history the applicable exclusions set forth at 13 CFR 124.104 ( hundred ) ( 2 ) ; and ( 2 ) The management and casual business operations of which are controlled ( as defined at 13 CFR 124.106 ) by individuals who meet the criteria in paragraph ( 1 ) ( iodine ) and ( two ) of this definition. Sole source acquisition means a condense for the purchase of supplies or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with alone one source. Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called “ invitations for bids. ” Solicitations under negotiated procedures are called “ requests for proposals. ” Solicitations under simplified acquisition procedures may command submission of either a quotation or an offer. Solicitation provision or provision means a term or condition used only in solicitations and applying only before contract award. Source selection information means any of the succeed information that is prepared for use by an agency for the purpose of evaluating a invite or proposal to enter into an means procurement contract, if that information has not been previously made available to the public or disclosed publicly : ( 1 ) invite prices submitted in response to an agency invitation for bids, or lists of those bid prices before invite opening. ( 2 ) Proposed costs or prices submitted in reception to an agency solicitation, or lists of those proposed costs or prices. ( 3 ) Source selection plans. ( 4 ) Technical evaluation plans. ( 5 ) technical evaluations of proposals. ( 6 ) cost or price evaluations of proposals. ( 7 ) Competitive roll determinations that identify proposals that have a reasonable find of being selected for award of a contract. ( 8 ) Rankings of bids, proposals, or competitors. ( 9 ) Reports and evaluations of reservoir excerpt panels, boards, or advisory councils. ( 10 ) other information marked as “ Source Selection Information -See FAR 2.101 and 3.104 “ based on a individual determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates. Special competency means a special or alone capability, including qualitative aspects, developed attendant to the primary functions of the Federally Funded Research and Development Centers to meet some limited need. Special test equipment means either single or multipurpose integrate screen units engineered, designed, fabricated, or modified to accomplish special aim test in performing a contract. It consists of items or assemblies of equipment including foundations and exchangeable improvements necessary for installing special test equipment, and standard or general function items or components that are interconnected and interdependent so as to become a fresh functional entity for extra test purposes. Special test equipment does not include material, special tooling, very place, and equipment items used for general quiz purposes or property that with relatively minor expense can be made desirable for general determination manipulation. Special tooling means jigs, dies, fixtures, molds, patterns, taps, gauges, and all components of these items including foundations and alike improvements necessary for installing special tooling, and which are of such a specialize nature that without significant change or alteration their use is limited to the growth or output of particular supplies or parts thereof or to the performance of detail services. Special tooling does not include corporeal, special test equipment, real property, equipment, machine tools, or similar capital items. State and local taxes means taxes levied by the States, the District of Columbia, outlying areas of the United States, or their political subdivisions. Statement of Objectives (SOO ) means a Government-prepared document incorporated into the solicitation that states the overall operation objectives. It is used in solicitations when the Government intends to provide the maximum flexibility to each offeror to propose an innovative access. Subline item means a subset of a line item. Substantial evidence means information sufficient to support the reasonable impression that a finical act or omission has occurred. Substantially as follows or “ substantially the same as, ” when used in the prescription and introductory textbook of a provision or article, means that authorization is granted to prepare and utilize a variation of that provision or clause to accommodate requirements that are particular to an individual acquisition ; provided that the variation includes the salient features of the FAR planning or article, and is not inconsistent with the intent, principle, and meaning of the FAR provision or article or related coverage of the subjugate count. Supplemental agreement means a contract modification that is accomplished by the common action of the parties. Supplies means all place except land or interest in country. It includes ( but is not limited to ) populace works, buildings, and facilities ; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories ; aircraft and aircraft parts, accessories, and equipment ; machine tools ; and the alteration or facility of any of the foregoing. Supporting a diplomatic or consular mission means performing outside the United States under a contract administered by Federal agency personnel who are national to the direction of a Chief of Mission. Surety means an individual or corporation legally liable for the debt, default, or failure of a chief to satisfy a contractual debt instrument. The types of sureties referred to are as follows : ( 1 ) An individual surety is one person, as distinguished from a business entity, who is liable for the stallion penal total of the bind. ( 2 ) A corporate surety is licensed under versatile insurance laws and, under its charter, has legal world power to act as surety for others. ( 3 ) A cosurety is one of two or more sureties that are jointly liable for the penal sum of the attachment. A limit of indebtedness for each surety may be stated. Surplus property means excess personal property not required by any Federal agency as determined by the Administrator of the General Services Administration ( GSA ). ( See 41 CFR 102-36.40 ). Suspension means action taken by a suspending official under 9.407 to disqualify a contractor temporarily from Government contracting and Government-approved subcontract ; a contractile organ that is disqualified is “ freeze. ” Sustainable acquisition means acquiring goods and services in club to create and maintain conditions- ( 1 ) Under which humans and nature can exist in productive harmony ; and ( 2 ) That permit fulfilling the social, economic, and other requirements of deliver and future generations. System for Award Management (SAM ) means the primary Government depository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes— ( 1 ) Data collected from prospective Federal awardees required for the behavior of commercial enterprise with the Government ; ( 2 ) prospective contractor-submitted annual representations and certifications in accord with FAR subpart 4.12 ; and ( 3 ) identification of those parties excluded from receiving Federal contracts, certain subcontracts, and sealed types of Federal fiscal and non-financial aid and benefits. Task order means an holy order for services placed against an established shrink or with Government sources. Taxpayer Identification Number (TIN ) means the number required by the IRS to be used by the offeror in reporting income tax and early returns. The TIN may be either a Social Security Number or an Employer Identification Number. Technical data means recorded information ( careless of the form or method acting of the record ) of a scientific or technical nature ( including computer databases and computer software documentation ). This term does not include computer software or fiscal, administrative, cost or pricing, or management data or other information incidental to compress administration. The term includes recorded data of a scientific or technical nature that is included in computer databases ( see 41 U.S.C. 116 ). Terminated portion of the contract means the dowry of a contract that the contractile organ is not to perform following a partial termination. For construction contracts that have been wholly terminated for convenience, it means the entire compress, notwithstanding the completion of, and requital for, individual items of work before end point. Termination for convenience means the exercise of the Government ’ s right to wholly or partially end operation of work under a narrow when it is in the Government ’ s pastime. Termination for default means the drill of the Government ’ s right to completely or partially terminate a contract because of the contractor ’ s actual or anticipate failure to perform its contractual obligations. Termination inventory means any property purchased, supplied, manufactured, furnished, or otherwise acquired for the performance of a abridge subsequently terminated and properly allocable to the terminated portion of the contract. It includes Government-furnished property. It does not include any facilities, material, special test equipment, or special tooling that are national to a separate shrink or to a extra contract prerequisite governing their use or disposal. Unallowable cost means any cost that, under the provisions of any apposite law, rule, or contract, can not be included in prices, cost-reimbursements, or settlements under a Government narrow to which it is allocable. Unique and innovative concept, when used relative to an unasked research marriage proposal, means that- ( 1 ) In the opinion and to the cognition of the Government evaluator, the meritorious proposal- ( iodine ) Is the product of master remember submitted confidentially by one generator ; ( two ) Contains new, novel, or changed concepts, approaches, or methods ; ( three ) Was not submitted previously by another ; and ( four ) Is not otherwise available within the federal Government. ( 2 ) In this context, the term does not mean that the generator has the sole capability of performing the research. Unique entity identifier means a number or early identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designate entity for establishing unique entity identifiers. United States, when used in a geographic feel, means the 50 States and the District of Columbia, except as follows : ( 1 ) For manipulation in subpart 3.10, see the definition at 3.1001. ( 2 ) For manipulation in subpart 22.8, see the definition at 22.801. ( 3 ) For consumption in subpart 22.10, see the definition at 22.1001. ( 4 ) For use in subpart 22.13, see the definition at 22.1301. ( 5 ) For use in subpart 22.16, see the definition at 22.1601. ( 6 ) For habit in subpart 22.17, see the definition at 22.1702. ( 7 ) For consumption in subpart 22.18, see the definition at 22.1801. ( 8 ) For use in subpart 22.19, see the definition at 22.1901. ( 9 ) For manipulation in part 23, see definition at 23.001. ( 10 ) For use in separate 25, see the definition at 25.003. ( 11 ) For function in separate 27, see the definition at 27.001. ( 12 ) For consumption in subpart 47.4, see the definition at 47.401. Unsolicited proposal means a written proposal for a new or advanced mind that is submitted to an agency on the first step of the offeror for the determination of obtaining a contract with the Government, and that is not in answer to a request for proposals, Broad Agency Announcement, Small Business Innovation Research topic, Small Business Technology Transfer Research subject, Program Research and Development Announcement, or any other Government-initiated solicitation or program. Value engineering means an psychoanalysis of the functions of a program, project, system, product, item of equipment, build, facility, service, or provide of an executive agency, performed by certified means or contractor personnel, directed at improving performance, dependability, quality, safety, and life-cycle costs ( 41 U.S.C. 1711 ). For function in the clause at 52.248-2, see the definition at 52.248-2 ( b ). Value engineering change proposal (VECP ) — ( 1 ) Means a marriage proposal that– ( one ) Requires a transfer to the instantaneous abridge to implement ; and ( two ) Results in reducing the overall projected cost to the agency without impairing essential functions or characteristics, provided, that it does not involve a change– ( A ) In deliverable end token quantities only ; ( B ) In research and development ( R & D ) items or R & D test quantities that are due entirely to results of former testing under the blink of an eye contract ; or ( C ) To the contract type only. ( 2 ) For use in the clauses at- ( one ) 52.248-2, see the definition at 52.248-2 ( b ) ; and ( two ) 52.248-3, see the definition at 52.248-3 ( bacillus ). Veteran-owned small business concern means a small business concern – ( 1 ) not less than 51 percentage of which is owned by one or more veterans ( as defined at 38 U.S.C.101 ( 2 ) ) or, in the case of any publicly owned occupation, not less than 51 percentage of the store of which is owned by one or more veterans ; and ( 2 ) The management and daily business operations of which are controlled by one or more veterans. Virgin material means— ( 1 ) previously idle raw corporeal, including previously unused copper, aluminum, lead, zinc, iron, other metallic element or alloy ore ; or ( 2 ) Any unexploited resource that is, or with new engineering will become, a beginning of raw materials. voluntary consensus standards means common and repeat use of rules, conditions, guidelines or characteristics for products, or relate processes and production methods and relate management systems. voluntary consensus Standards are developed or adopted by domestic and international voluntary consensus criterion making bodies ( for example, International Organization for Standardization ( ISO ) and ASTM-International ). See OMB Circular A-119. Warranty means a predict or affirmation given by a contractor to the Government regarding the nature, utility, or condition of the supplies or operation of services furnished under the contract. Waste reduction means preventing or decreasing the amount of lay waste to being generated through waste prevention, recycling, or buy recycle and environmentally preferable products. Water consumption intensity means water system consumption per square foot of construction space. Women-owned small business concern means— ( 1 ) A small business concern – ( i ) That is at least 51 percentage owned by one or more women ; or, in the case of any publicly owned business, at least 51 percentage of the stock of which is owned by one or more women ; and ( two ) Whose management and daily commercial enterprise operations are controlled by one or more women ; or ( 2 ) A small business concern eligible under the Women-Owned Small Business Program in accord with 13 CFR partially 127 ( see subpart 19.15 ). Women-Owned Small Business ( WOSB ) Program. ( 1 ) “ Women-Owned Small Business ( WOSB ) Program ” means a program that authorizes contracting officers to limit contest, including award on a sole reference footing, to— ( one ) economically disadvantaged women-owned belittled clientele ( EDWOSB ) concerns eligible under the WOSB Program for Federal contracts assigned a north american Industry Classification Systems ( NAICS ) code in an diligence in which the Small Business Administration ( SBA ) has determined that WOSB concerns are underrepresented in Federal procurement ; and ( two ) WOSB concerns eligible under the WOSB Program for Federal contracts assigned a NAICS code in an industry in which SBA has determined that WOSB concerns are substantially underrepresented in Federal procurement.

( 2 ) “ Economically disadvantaged women-owned small business (EDWOSB) concern “ means a small business concern that is at least 51 percentage immediately and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accord with 13 CFR part 127. It mechanically qualifies as a women-owned small business ( WOSB ) concern eligible under the WOSB Program. ( 3 ) “ Women-owned little business ( WOSB ) ” business eligible under the WOSB Program means a small business concern that is at least 51 percentage directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States ( 13 CFR part 127 ). Writing or written ( see “ in writing “ ).

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