Part 2 Definitions Of Words And Terms Flashcards
Acquisition
means the acquiring by contract with appro- priated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract.
“Acquisition planning”
means the process by which the efforts of all personnel responsible for an acquisition are coordinated and integrated through a comprehensive plan for fulfilling the agency need in a timely manner and at a reasonable cost. It includes developing the overall strategy for managing the acquisition.
“Adequate evidence”
means information sufficient to support the reasonable belief that a particular act or omission has occurred.
“Advisory and assistance services”
means those services provided under contract by nongovernmental sources to support or improve: organizational policy development; decision-making; management and administration; program and/ or project management and administration; or R&D activities. It can also mean the furnishing of professional advice or assistance rendered to improve the effectiveness of Federal management processes or procedures (including those of an engineering and technical nature). In rendering the foregoing services, outputs may take the form of information, advice, opinions, alternatives, analyses, evaluations, recommendations, training and the day-to-day aid of support personnel needed for the successful performance of ongoing Federal operations. All advisory and assistance services are classified in one of the following definitional subdivisions: (1) Management and professional support services, i.e., contractual services that provide assistance, advice or training for the efficient and effective management and operation of organizations, activities (including management and support services for R&D activities), or systems. These services are normally closely related to the basic responsibilities and mission of the agency originating the requirement for the acquisition of services by contract. Included are efforts that support or contribute to improved organization of program management, logistics management, project monitoring and reporting, data collection, budgeting, accounting, performance auditing, and administrative technical support for conferences and training programs. (2) Studies, analyses and evaluations, i.e., contracted services that provide organized, analytical assessments/evaluations in support of policy development, decision-making, management, or administration. Included are studies in support of R&D activities. Also included are acquisitions of models, methodologies, and related software supporting studies, analyses or evaluations.
(3) Engineering and technical services, i.e., contractual services used to support the program office during the acquisition cycle by providing such services as systems engineering and technical direction (see 9.505-1(b)) to ensure the effective operation and maintenance of a weapon system or major system as defined in OMB Circular No. A-109 or to provide direct support of a weapon system that is essential to research, development, production, operation or maintenance of the system.
“Affiliates”
means associated business concerns or indi- viduals if, directly or indirectly— (1) Either one controls or can control the other; or (2) A third party controls or can control both.
“Agency head” or “head of the agency”
means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency.
“Alternate”
means a substantive variation of a basic provision or clause prescribed for use in a defined circumstance. It adds wording to, deletes wording from, or substitutes specified wording for a portion of the basic provision or clause. The alternate version of a provision or clause is the basic provision or clause as changed by the addition, deletion, or substitution (see 52.105(a)).
“Architect-engineer services,”
as defined in 40 U.S.C. 1102, means— (1) Professional services of an architectural or engineer- ing nature, as defined by State law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide those services; (2) Professional services of an architectural or engineer- ing nature performed by contract that are associated with research, planning, development, design, construction, alter- ation, or repair of real property; and (3) Those other professional services of an architectural or engineering nature, or incidental services, that members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, includ- ing studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engi- neering, drawing reviews, preparation of operating and maintenance manuals, and other related services.
“Assignment of claims”
means the transfer or making over by the contractor to a bank, trust company, or other financing institution, as security for a loan to the contractor, of its right to be paid by the Government for contract performance. “Assisted acquisition” means a type of interagency acquisition where a servicing agency performs acquisition activities on a requesting agency’s behalf, such as awarding and administering a contract, task order, or delivery order.
“Assisted acquisition”
means a type of interagency acquisition where a servicing agency performs acquisition activities on a requesting agency’s behalf, such as awarding and administering a contract, task order, or delivery order.
“Basic research”
means that research directed toward increasing knowledge in science. The primary aim of basic research is a fuller knowledge or understanding of the subject under study, rather than any practical application of that knowledge.
“Best value”
means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.
“Bid sample”
means a product sample required to be sub- mitted by an offeror to show characteristics of the offered products that cannot adequately be described by specifications, purchase descriptions, or the solicitation (e.g., balance, facility of use, or pattern).
“Biobased product”
means a product determined by the U.S. Department of Agriculture to be a commercial or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials.
“Broad agency announcement”
means a general announcement of an agency’s research interest including criteria for selecting proposals and soliciting the participation of all offerors capable of satisfying the Government’s needs (see 6.102(d)(2)).
“Building or work”
means construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, exca- vating, clearing, and landscaping. The manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materi- als, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished) is not “building” or “work” within the meaning of this definition unless conducted in connection with and at the site of such building or work as is described in the foregoing sentence, or under the United States Housing Act of 1937 and the Housing Act of 1949 in the construction or development of the project.
“Bundled contract”
means a contract where the requirements have been consolidated by bundling. (See the definition of bundling.) “Bundling” means— (1) Consolidating two or more requirements for supplies or services, previously provided or performed under separate smaller contracts, into a solicitation for a single contract that is likely to be unsuitable for award to a small business concern due to— (i) The diversity, size, or specialized nature of the elements of the performance specified; (ii) The aggregate dollar value of the anticipated award; (iii) The geographical dispersion of the contract per- formance sites; or (iv) Any combination of the factors described in paragraphs (1)(i), (ii), and (iii) of this definition. (2) “Separate smaller contract” as used in this definition, means a contract that has been performed by one or more small business concerns or that was suitable for award to one or more small business concerns. (3) “Single contract” as used in this definition, includes—(i) Multiple awards of indefinite-quantity contracts under a single solicitation for the same or similar supplies or services to two or more sources (see FAR 16.504(c)); and (ii) An order placed against an indefinite quantity contract under a— (A) Federal Supply Schedule contract; or (B) Task-order contract or delivery-order contract awarded by another agency (i.e., Governmentwide acquisition contract or multi-agency contract). (4) 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 organization, or an entire business organization that is not divided into segments.
“Central Contractor Registration (CCR) database”
means the primary Government repository for contractor informa- tion required for the conduct of business with the Government.
“Certified cost or pricing data”
means “cost or pricing data” that were required to be submitted in accordance with FAR 15.403-4 and 15.403-5 and have been certified, or is required to be certified, in accordance with 15.406-2. This certification states that, to the best of the person’s knowledge and belief, the cost or pricing data are accurate, complete, and current as of a date certain before contract award. Cost or pricing data are required to be certified in certain procurements (10 U.S.C. 2306a and 41 U.S.C. 254b).
“Change-of-name agreement”
means a legal instrument executed by the contractor and the Government that recognizes the legal change of name of the contractor without disturbing the original contractual rights and obligations of the parties.
“Change order”
means a written order, signed by the contracting officer, directing the contractor to make a change that the Changes clause authorizes the contracting officer to order without the contractor’s consent.
“Chief Acquisition Officer”
means an executive level acquisition official responsible for agency performance of acquisition activities and acquisition programs created pursuant to the Services Acquisition Reform Act of 2003, Section 1421 of Public Law 108-136.
“Chief of mission”
means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in charge of such a mission or office.
“Claim”
means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or inter- pretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under the Contract Disputes Act of 1978 until certified as required by the Act. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
“Classified acquisition”
means an acquisition in which offerors must have access to classified information to properly submit an offer or quotation, to understand the performance requirements, or to perform the contract.
“Classified contract”
means any contract in which the contractor or its employees must have access to classified information during contract performance. A contract may be a classified contract even though the contract document itself is unclassified.
“Classified information”
means any knowledge that can be communicated or any documentary material, regardless of its physical form or characteristics, that— (1)(i) Is owned by, is produced by or for, or is under the control of the United States Government; or (ii) Has been classified by the Department of Energy as privately generated restricted data following the procedures in 10 CFR 1045.21; and (2) Must be protected against unauthorized disclosure according to Executive Order 12958, Classified National Security Information, April 17, 1995, or classified in accordance with the Atomic Energy Act of 1954.
“Cognizant Federal agency”
means the Federal agency that, on behalf of all Federal agencies, is responsible for establishing final indirect cost rates and forward pricing rates, if applicable, and administering cost accounting standards for all contracts in a business unit.
“Combatant commander”
means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.
“Commercial component”
means any component that is a commercial item.
“Commercial item”
means— (1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and— (i) Has been sold, leased, or licensed to the general public; or (ii) Has been offered for sale, lease, or license to the general public; (2) Any item that evolved from an item described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the com- mercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation; (3) Any item that would satisfy a criterion expressed in paragraphs (1) or (2) of this definition, but for— (i) Modifications of a type customarily available in the commercial marketplace; or (ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. Minor modifications means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the com- parative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor; (4) Any combination of items meeting the requirements of paragraphs (1), (2), (3), or (5) of this definition that are of a type customarily combined and sold in combination to the general public; (5) Installation services, maintenance services, repair services, training services, and other services if— (i) Such services are procured for support of an item referred to in paragraph (1), (2), (3), or (4) of this definition, regardless of whether such services are provided by the same source or at the same time as the item; and (ii) The source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government; (6) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks per- formed or specific outcomes to be achieved and under stan- dard commercial terms and conditions. For purposes of these services— (i)
“Common item”
means material that is common to the applicable Government contract and the contractor’s other work.
“Component”
means any item supplied to the Government as part of an end item or of another component, except that for use in— (1) Part 25, see the definition in 25.003; (2) 52.225-1 and 52.225-3, see the definition in 52.225-1(a) and 52.225-3(a); (3) 52.225-9 and 52.225-11, see the definition in 52.225-9(a) and 52.225-11(a); and (4) 52.225-21 and 52.225-23, see the definition in 52.225-21(a) and 52.225-23(a).
“Computer database” or “database”
means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.
“Computer software”
—(1) Means (i) Computer pro- grams that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and (ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled. (2) Does not include computer databases or computer software documentation.
“Computer software documentation”
means owner’s man- uals, user’s manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer soft- ware or provide instructions for using the software.
“Consent to subcontract”
means the contracting officer’s written consent for the prime contractor to enter into a partic- ular subcontract.
“Construction”
means construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. For purposes of this definition, the terms “buildings, structures, or other real property” include, but are not limited to, improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, cemeteries, pumping stations, railways, airport facilities, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, and channels. Construction does not include the manufacture, production, furnishing, construction, alteration, repair, processing, or assembling of vessels, aircraft, or other kinds of personal property (except that for use in subpart 22.5, see the definition at 22.502).
“Contiguous United States (CONUS)”
means the 48 contiguous States and the District of Columbia.
“Contingency operation”
(10 U.S.C. 101(a)(13)) means a military operation that— (1) Is designated by the Secretary of Defense as an oper- ation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or (2) Results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of 10 U.S.C., Chapter 15 of 10 U.S.C., or any other provision of law during a war or during a national emergency declared by the Presi- dent or Congress.
“Continued portion of the contract”
means the portion of a contract that the contractor must continue to perform following a partial termination.
“Contract”
means a mutually binding legal relationship obligating the seller to furnish the supplies or services (includ- ing construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifica- tions. Contracts do not include grants and cooperative agree- ments covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see Part 16.
“Contract administration office”
means an office that per- forms— (1) Assigned postaward functions related to the admin- istration of contracts; and (2) Assigned preaward functions.
“Contract clause” or “clause”
means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award.
“Contract modification”
means any written change in the terms of a contract (see 43.103).
“Contracting”
means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determina- tion) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements.
“Contracting activity”
means an element of an agency des- ignated by the agency head and delegated broad authority regarding acquisition functions.
“Contracting office”
means an office that awards or exe- cutes a contract for supplies or services and performs post- award functions not assigned to a contract administration office (except for use in Part 48, see also 48.001).
“Contracting officer”
means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer.
“Administrative contracting officer (ACO)”
refers to a contracting officer who is administering contracts.
“Termination contracting officer (TCO)”
refers to a contract- ing officer who is settling terminated contracts. A single con- tracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR Chapter 1) to administrative contracting officer or termination contract- ing officer does not— (1) Require that a duty be performed at a particular office or activity; or (2) Restrict in any way a contracting officer in the per- formance of any duty properly assigned.
“Contracting officer’s representative (COR)”
means an individual, including a contracting officer’s technical repre- sentative (COTR), designated and authorized in writing by the contracting officer to perform specific technical or adminis- trative functions.
“Conviction”
means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. For use in Subpart 23.5, see the definition at 23.503.
“Cost or pricing data”
(10 U.S.C. 2306a(h)(1) and 41 U.S.C. 254b) means all facts that, as of the date of price agreement, or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price, prudent buyers and sellers would rea- sonably expect to affect price negotiations significantly. Cost or pricing data are factual, not judgmental; and are verifiable. While they do not indicate the accuracy of the prospective contractor’s judgment about estimated future costs or projections, they do include the data forming the basis for that judg- ment. Cost or pricing data are more than historical accounting data; they are all the facts that can be reasonably expected to contribute to the soundness of estimates of future costs and to the validity of determinations of costs already incurred. They also include, but are not limited to, such factors as— (1) Vendor quotations; (2) Nonrecurring costs; (3) Information on changes in production methods and in production or purchasing volume; (4) Data supporting projections of business prospects and objectives and related operations costs; (5) Unit-cost trends such as those associated with labor efficiency; (6) Make-or-buy decisions; (7) Estimated resources to attain business goals; and (8) Information on management decisions that could have a significant bearing on costs.
“Cost realism”
means that the costs in an offeror’s proposal— (1) Are realistic for the work to be performed; (2) Reflect a clear understanding of the requirements; and (3) Are consistent with the various elements of the off- eror’s technical proposal.
“Cost sharing”
means an explicit arrangement under which the contractor bears some of the burden of reasonable, alloca- ble, and allowable contract cost.
“Customs territory of the United States”
means the 50 States, the District of Columbia, and Puerto Rico.
“Data other than certified cost or pricing data”
means pric- ing data, cost data, and judgmental information necessary for the contracting officer to determine a fair and reasonable price or to determine cost realism. Such data may include the iden- tical types of data as certified cost or pricing data, consistent with Table 15-2 of 15.408, but without the certification. The data may also include, for example, sales data and any infor- mation reasonably required to explain the offeror’s estimating process, including, but not limited to– (1) The judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and (2) The nature and amount of any contingencies included in the proposed price.
“Data Universal Numbering System (DUNS) number”
means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B), to identify unique business entities, which is used as the identification number for Federal contractors.
“Data Universal Numbering System +4 (DUNS+4) num- ber”
means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for iden- tifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.
“Day”
means, unless otherwise specified, a calendar day.
“Debarment”
means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is “debarred.”
“Delivery order”
means an order for supplies placed against an established contract or with Government sources.
“Depreciation”
means a charge to current operations that distributes the cost of a tangible capital asset, less estimated residual value, over the estimated useful life of the asset in a systematic and logical manner. It does not involve a process of valuation. Useful life refers to the prospective period of economic usefulness in a particular contractor’s operations as distinguished from physical life; it is evidenced by the actual or estimated retirement and replacement practice of the contractor.
“Descriptive literature”
means information provided by an offeror, such as cuts, illustrations, drawings, and brochures, that shows a product’s characteristics or construction of a product or explains its operation. The term includes only that information needed to evaluate the acceptability of the prod- uct and excludes other information for operating or maintaining the product.
“Design-to-cost”
means a concept that establishes cost elements as management goals to achieve the best balance between life-cycle cost, acceptable performance, and sched- ule. Under this concept, cost is a design constraint during the design and development phases and a management discipline throughout the acquisition and operation of the system or equipment.
“Designated operational area”
means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations.
“Direct cost”
means any cost that is identified specifically with a particular final cost objective. Direct costs are not limited to items that are incorporated in the end product as material or labor. Costs identified specifically with a contract are direct costs of that contract. All costs identified specifically with other final cost objectives of the contractor are direct costs of those cost objectives.
“Direct acquisition”
means a type of interagency acquisition where a requesting agency places an order directly against a servicing agency’s indefinite-delivery contract. The servicing agency manages the indefinite-delivery contract but does not participate in the placement or administration of an order.
“Disaster Response Registry”
means a voluntary registry of contractors who are willing to perform debris removal, dis- tribution of supplies, reconstruction, and other disaster or emergency relief activities established in accordance with 6 U.S.C. 796, Registry of Disaster Response Contractors. The Registry contains information on contractors who are willing to perform disaster or emergency relief activities within the United States and its outlying areas. The Registry is accessed via https://www.acquisition.gov and alternately through the FEMA website at http://www.fema.gov/business/ index.shtm. (See 26.205.)
“Drug-free workplace”
means the site(s) for the performance of work done by the contractor in connection with a specific contract where employees of the contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.
“Earned value management system”
means a project man- agement tool that effectively integrates the project scope of work with cost, schedule and performance elements for opti- mum project planning and control. The qualities and operat- ing characteristics of an earned value management system are described in American National Standards Institute /Electronics Industries Alliance (ANSI/EIA) Standard-748, Earned Value Management Systems. (See OMB Circular A-11, Part 7.)
“Economically disadvantaged women-owned small business (EDWOSB) concern”—(see definition of “Women-Owned Small Business (WOSB) Program” in this section). “Effective date of termination”
means the date on which the notice of termination requires the contractor to stop performance under the contract. If the contractor receives the termination notice after the date fixed for termination, then the effective date of termination means the date the contractor receives the notice.
“Electronic and information technology (EIT)”
has the same meaning as “information technology” except EIT also includes any equipment or interconnected system or sub- system of equipment that is used in the creation, conversion, or duplication of data or information. The term EIT, includes, but is not limited to, telecommunication products (such as telephones), information kiosks and transaction machines, worldwide websites, multimedia, and office equipment (such as copiers and fax machines).
“Electronic commerce”
means electronic techniques for accomplishing business transactions including electronic mail or messaging, World Wide Web technology, electronic bulletin boards, purchase cards, electronic funds transfer, and elec- tronic data interchange.
“Electronic data interchange (EDI)”
means a technique for electronically transferring and storing formatted information between computers utilizing established and published formats and codes, as authorized by the applicable Federal Information Processing Standards.
“Electronic Funds Transfer (EFT)”
means any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial insti- tution to debit or credit an account. The term includes Automated Clearing House transfers, Fedwire transfers, and transfers made at automatic teller machines and point-of-sale terminals. For purposes of compliance with 31 U.S.C. 3332 and implementing regulations at 31 CFR Part 208, the term “electronic funds transfer” includes a Governmentwide com- mercial purchase card transaction.
“End product”
means supplies delivered under a line item of a Government contract, except for use in Part 25 and the associated clauses at 52.225-1, 52.225-3, and 52.225-5, see the definitions in 25.003, 52.225-1(a), 52.225-3(a), and 52.225-5(a). “Energy-efficient product”— (1) Means a product that— (i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trade- mark label; or (ii) Is in the upper 25 percent of efficiency for all sim- ilar products as designated by the Department of Energy’s Federal Energy Management Program. (2) As used in this definition, the term “product” does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b).
“Energy-efficient standby power devices”
means products that use— (1) External standby power devices, or that contain an internal standby power function; and (2) No more than one watt of electricity in their standby power consuming mode or meet recommended low standby levels as designated by the Department of Energy Federal Energy Management Program.
“Energy-savings performance contract”
means a contract that requires the contractor to— (1) Perform services for the design, acquisition, financ- ing, installation, testing, operation, and where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations; (2) Incur the costs of implementing the energy savings measures, including at least the cost (if any) incurred in mak- ing energy audits, acquiring and installing equipment, and training personnel in exchange for a predetermined share of the value of the energy savings directly resulting from imple- mentation of such measures during the term of the contract; and (3) Guarantee future energy and cost savings to the Government.
“Environmentally preferable”
means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or ser- vices that serve the same purpose. This comparison may con- sider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or dis- posal of the product or service.
“Excess personal property”
means any personal property under the control of a Federal agency that the agency head determines is not required for its needs or for the discharge of its responsibilities.
“Excluded Parties List System”
means an electronic data- base maintained and posted by the General Services Admin- istration containing the list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agen- cies, Government corporations, or by the Government Accountability Office.
“Executive agency”
means an executive department, a mil- itary department, or any independent establishment within the meaning of 5 U.S.C. 101, 102, and 104(1), respectively, and any wholly owned Government corporation within the mean- ing 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.
“Facsimile”
means electronic equipment that communi- cates and reproduces both printed and handwritten material. If used in conjunction with a reference to a document; e.g., facsimile bid, the terms refers to a document (in the example given, a bid) that has been transmitted to and received by the Government via facsimile.
“Federal agency”
means any executive agency or any inde- pendent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Represen- tatives, the Architect of the Capitol, and any activities under the Architect’s direction).
“Federally-controlled facilities”
means— (1) Federally-owned buildings or leased space, whether for single or multi-tenant occupancy, and its grounds and approaches, all or any portion of which is under the jurisdic- tion, custody or control of a department or agency; (2) Federally-controlled commercial space shared with non-government tenants. For example, if a department or agency leased the 10th floor of a commercial building, the Directive applies to the 10th floor only; (3) Government-owned, contractor-operated facilities, including laboratories engaged in national defense research and production activities; and (4) Facilities under a management and operating con- tract, such as for the operation, maintenance, or support of a Government-owned or Government-controlled research, development, special production, or testing establishment.
“Federally-controlled information system”
means an information system (44 U.S.C. 3502(8) used or operated by a Federal agency, or a contractor or other organization on behalf of the agency (44 U.S.C. 3544(a)(1)(A)).
“Federally Funded Research and Development Centers (FFRDC’s)”
means activities that are sponsored under a broad charter by a Government agency (or agencies) for the purpose of performing, analyzing, integrating, supporting, and/or managing basic or applied research and/or development, and that receive 70 percent or more of their financial support from the Government; and— (1) A long-term relationship is contemplated; (2) Most or all of the facilities are owned or funded by the Government; and (3) The FFRDC has access to Government and supplier data, employees, and facilities beyond that common in a nor- mal contractual relationship.
“Final indirect cost rate”
means the indirect cost rate estab- lished and agreed upon by the Government and the contractor as not subject to change. It is usually established after the close of the contractor’s fiscal year (unless the parties decide upon a different period) to which it applies. For cost-reimbursement research and development contracts with educational institu- tions, it may be predetermined; that is, established for a future period on the basis of cost experience with similar contracts, together with supporting data.
“First article”
means a preproduction model, initial pro- duction sample, test sample, first lot, pilot lot, or pilot models.
