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SUBPART 202.1--DEFINITIONS

(Revised June 30, 2016)

 

 



 202.101 Definitions.

 

 

202.101  Definitions.

 

 “Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

 

 “Congressional defense committees” means—

 

      (1)  In accordance with 10 U.S.C. 101(a)(16), except as otherwise specified in paragraph (2) of this definition or as otherwise specified by statute for particular applications—

 

              (i)  The Committee on Armed Services of the Senate;

 

              (ii)  The Subcommittee on Defense of the Committee on Appropriations of the Senate;

 

              (iii)  The Committee on Armed Services of the House of Representatives; and

 

              (iv)  The Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.

 

      (2)  For use in subpart 217.1, see the definition at 217.103.

 

"Contract administration office" also means a contract management office of the Defense Contract Management Agency.

 

“Contracting activity” for DoD also means elements designated by the director of a defense agency which has been delegated contracting authority through its agency charter.  DoD contracting activities are listed at PGI 202.101 (DFARS/PGI view).

 

“Contracting officer's representative” means an individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

 

“Counterfeit electronic part” means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

 

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

 

“Departments and agencies,” as used in DFARS, means the military departments and the defense agencies. The military departments are the Departments of the Army, Navy, and Air Force (the Marine Corps is a part of the Department of the Navy). The defense agencies are the Defense Advanced Research Projects Agency, the Defense Commissary Agency, the Defense Contract Management Agency, the Defense Finance and Accounting Service, the Defense Information Systems Agency, the Defense Intelligence Agency, the Defense Logistics Agency, the Defense Security Cooperation Agency, the Defense Security Service, the Defense Threat Reduction Agency, the Missile Defense Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the United States Special Operations Command, and the United States Transportation Command.

 

“Department of Defense (DoD),” as used in DFARS, means the Department of Defense, the military departments, and the defense agencies.

 

“Electronic part” means an integrated circuit, a discrete electronic component (including, but not limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly (section 818(f)(2) of Pub. L. 112-81). The term “electronic part” includes any embedded software or firmware.

 

“Executive agency” means for DoD, the Department of Defense, the Department of the Army, the Department of the Navy, and the Department of the Air Force.

 

“General public” and “non-governmental entities,” as used in the definition of “commercial item” at FAR 2.101, do not include the Federal Government or a State, local, or foreign government (Pub. L. 110-181, section 815(b)).

 

“Head of the agency” means, for DoD, the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force.  Subject to the direction of the Secretary of Defense, the Under Secretary of Defense (Acquisition, Technology, and Logistics), and the Director of Defense Procurement and Acquisition Policy, the directors of the defense agencies have been delegated authority to act as head of the agency for their respective agencies (i.e., to perform functions under the FAR or DFARS reserved to a head of agency or agency head), except for such actions that by terms of statute, or any delegation, must be exercised within the Office of the Secretary of Defense.  (For emergency acquisition flexibilities, see 218.270.)

 

“Information technology” (see 40 U.S.C 11101(6)) means, in lieu of the definition at FAR 2.1, any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency.

 

      (1)  For purposes of this definition, equipment is used by an agency if the equipment is used by the agency directly or is used by a contractor under a contract with the agency that requires—

 

              (i)  Its use; or

 

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

 

      (2)  The term “information technology” includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

 

      (3)  The term “information technology” does not include any equipment acquired by a contractor incidental to a contract.

 

“Major defense acquisition program” is defined in 10 U.S.C. 2430(a).

 

“Media,” as used in parts 204 and 239, means physical devices or writing surfaces including, but not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

 

“Obsolete electronic part” means an electronic part that is no longer in production by the original manufacturer or an aftermarket manufacturer that has been provided express written authorization from the current design activity or original manufacturer.

 

“Procedures, Guidance, and Information (PGI)” means a companion resource to the DFARS that—

 

      (1)  Contains mandatory internal DoD procedures.  The DFARS will direct compliance with mandatory procedures using imperative language such as “Follow the procedures at...” or similar directive language;

 

      (2)  Contains non-mandatory internal DoD procedures and guidance and supplemental information to be used at the discretion of the contracting officer.  The DFARS will point to non-mandatory procedures, guidance, and information using permissive language such as “The contracting officer may use...” or “Additional information is available at...” or other similar language;

 

      (3)  Is numbered similarly to the DFARS, except that each PGI numerical designation is preceded by the letters “PGI”; and

 

      (4)  Is available electronically at http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html.

 

“Senior procurement executive” means, for DoD—

      Department of Defense (including the defense agencies)--Under Secretary of

              Defense (Acquisition, Technology, and Logistics);

      Department of the Army--Assistant Secretary of the Army (Acquisition, Logistics and Technology);

      Department of the Navy--Assistant Secretary of the Navy (Research,

              Development and Acquisition);

      Department of the Air Force--Assistant Secretary of the Air Force

              (Acquisition).

 

      The directors of the defense agencies have been delegated authority to act as senior procurement executive for their respective agencies, except for such actions that by terms of statute, or any delegation, must be exercised by the Under Secretary of Defense (Acquisition, Technology, and Logistics).

 

“Suspect counterfeit electronic part” means an electronic part for which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the electronic part is authentic.

 

“Tiered evaluation of offers,” also known as “cascading evaluation of offers,” means a procedure used in negotiated acquisitions, when market research is inconclusive for justifying limiting competition to small business concerns, whereby the contracting officer—

 

      (1)  Solicits and receives offers from both small and other than small business concerns;

 

      (2)  Establishes a tiered or cascading order of precedence for evaluating offers that is specified in the solicitation; and

 

      (3)  If no award can be made at the first tier, evaluates offers at the next lower tier, until award can be made.

 


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