(Revised December 31, 2012)
See DoD Class Deviation 2013-O0003, Definition of Contingency Operation, issued on November 26, 2012. This class deviation amends the definition of “contingency operation” at FAR 2.101. This deviation is effective until incorporated in the FAR or is otherwise rescinded.
202.101 Definitions.
“Congressional
defense committees” means—
(1) The Committee on Armed Services of the
Senate;
(2) The Subcommittee on Defense of the Committee
on Appropriations of the Senate;
(3) The Committee on Armed Services of the House
of Representatives; and
(4) The Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives.
"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.
“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.
“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.)
“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).
“Simplified acquisition threshold,” in addition to the meaning at FAR 2.101, means $300,000 when soliciting or awarding contracts to be awarded and performed outside the United States, or making purchases outside the United States, for acquisitions of supplies and services that, as determined by the head of the contracting activity, are to be used to support a humanitarian or peacekeeping operation, as defined at FAR 2.101.
“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.