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SUBPART 202.1--DEFINITIONS

(Revised November 8, 2007)

 

 



 202.101 Definitions.


202.101  Definitions.

 

“Commercially available off-the-shelf item”—

 

      (1)  Means any item of supply that is—

 

              (i)  A commercial item (as defined in FAR 2.101);

 

              (ii)  Sold in substantial quantities in the commercial marketplace; and

 

              (iii)  Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

 

      (2)  Does not include bulk cargo, as defined in Section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

 

 “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—

 

      DEPARTMENT OF DEFENSE

              Department of Defense Education Activity

              TRICARE Management Activity

              Acquisition and Procurement Office, Washington Headquarters Services

 

      ARMY

              Headquarters, U.S. Army Contracting Agency

              Joint Contracting Command – Iraq/Afghanistan

              National Guard Bureau

              Program Executive Office for Simulation, Training, and Instrumentation

              U.S. Army Aviation and Missile Command

              U.S. Army Communications-Electronics Command

              U.S. Army Corps of Engineers

              U.S. Army Intelligence and Security Command

              U.S. Army Joint Munitions and Lethality Life Cycle Management Command

              U.S. Army Materiel Command, Office of Command Contracting

              U.S. Army Medical Command

              U.S. Army Medical Research and Materiel Command

              U.S. Army Military Surface Deployment and Distribution Command

              U.S. Army Research, Development, and Engineering Command

              U.S. Army Space and Missile Defense Command

              U.S. Army Sustainment Command

              U.S. Army Tank-Automotive and Armaments Command

 

      NAVY

              Office of the Deputy Assistant Secretary of the Navy (Acquisition & Logistics

                    Management)

              Naval Air Systems Command

              Space and Naval Warfare Systems Command

              Naval Facilities Engineering Command

              Naval Inventory Control Point

              Naval Sea Systems Command

              Naval Supply Systems Command

              Office of Naval Research

              Military Sealift Command

              Strategic Systems Programs

              Marine Corps Systems Command

              Installations and Logistics, Headquarters, U.S. Marine Corps

 

      AIR FORCE

              Office of the Assistant Secretary of the Air Force (Acquisition)

              Office of the Deputy Assistant Secretary (Contracting)

              Air Force District of Washington

              Air Force Operational Test & Evaluation Center

              Air Force Special Operations Command

              United States Air Force Academy

              Air Force Materiel Command

              Air Force Reserve Command

              Air Combat Command

              Air Mobility Command

              Air Education and Training Command

              Pacific Air Forces

              United States Air Forces in Europe

              Air Force Space Command

              Program Executive Office for Aircraft Systems

              Program Executive Office for Command and Control & Combat

                    Support Systems

              Program Executive Office for Combat and Mission Support

              Program Executive Office for F/A-22 Programs

              Program Executive Office for Joint Strike Fighter

              Program Executive Office for Weapons

 

      DEFENSE ADVANCED RESEARCH PROJECTS AGENCY

              Office of the Deputy Director, Management

     

      DEFENSE CONTRACT MANAGEMENT AGENCY

              Office of the Director, Defense Contract Management Agency

 

      DEFENSE FINANCE AND ACCOUNTING SERVICE

              External Services, Defense Finance and Accounting Service

 

      DEFENSE INFORMATION SYSTEMS AGENCY

              Defense Information Technology Contracting Organization

     

      DEFENSE INTELLIGENCE AGENCY

              Office of Procurement

 

      DEFENSE LOGISTICS AGENCY

              Acquisition Management Directorate

              Defense Supply Centers

              Defense Energy Support Center

 

      NATIONAL IMAGERY AND MAPPING AGENCY

              Procurement and Contracting Office

 

      DEFENSE THREAT REDUCTION AGENCY

              Acquisition Management Office

 

      NATIONAL SECURITY AGENCY

              Headquarters, National Security Agency

 

      MISSILE DEFENSE AGENCY     

              Headquarters, Missile Defense Agency

 

      UNITED STATES SPECIAL OPERATIONS COMMAND

              Headquarters, United States Special Operations Command

 

“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 Security Service, the Defense Logistics Agency, the National Imagery and Mapping Agency, the Defense Threat Reduction Agency, the National Security Agency, the Missile Defense Agency, and the United States Special Operations 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.

 

“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.

 

See DoD Class Deviation 2003-O0002, Federal Acquisition Regulation (FAR) Concerning Implementation of the Homeland Security Act Provisions Relating to Procurements for Defense Against or Recovery from Terrorism or Nuclear, Biological, Chemical or Radiological Attack, issued on April 18, 2003.  This deviation is effective until incorporated into the DFARS or otherwise rescinded.

 

“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/index.htm.

 

“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).

 

“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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