r/title-10-ARMED-FORCES wiki — defined terms
The statute’s own glossary: every term Title 10 defines, in section order.
“market research” applies in that section
The term “market research” means obtaining specific information about the price, quality, and time of delivery of products available in the private sector through a variety of means, which may include— (A) contacting knowledgeable individuals in government and industry; (B) interactive communication among industry, acquisition personnel, and customers; and (C) interchange meetings or pre-solicitation conferences with potential offerors.
“State” applies in that section
the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.
“Defense research facility” applies in that section
the term “Defense research facility” has the meaning given that term by section 4125(b) of this title .
“covered official” applies in that section
The term “covered official” means— (A) a service acquisition executive; (B) the Director of the Defense Advanced Research Projects Agency; (C) the Director of the Defense Innovation Unit; (D) the Director of the Missile Defense Agency; (E) the Under Secretary of Defense for Acquisition and Sustainment; or (F) the Under Secretary of Defense for Research and Engineering.;
“follow-on production contract or transaction” applies in that section
The term “follow-on production contract or transaction” means a contract or transaction to produce, sustain, or otherwise implement the results of a successfully completed prototype project for continued or expanded use by the Department of Defense. (f) Follow-on Production Contracts or Transactions .— (1) A transaction entered into under this section for a prototype project may provide for the award of a follow-on production contract or transaction to the participants in the transaction. A transaction includes all individual prototype subprojects awarded under the transaction to a consortium of United States industry and academic institutions.
“nontraditional defense contractor” applies in that section
The term “nontraditional defense contractor” has the meaning given the term under section 3014 of this title .;
“prototype project” applies in that section
The term “prototype project” includes a project that addresses— (A) a proof of concept, model, or process, including a business process; (B) reverse engineering to address obsolescence; (C) a pilot or novel application of commercial technologies for defense purposes; (D) agile development activity; (E) the creation, design, development, or demonstration of operational utility; or (F) any combination of subparagraphs (A) through (E).;
“service acquisition executive” applies in that section
The term “service acquisition executive” has the meaning given that term in section 101(a) of this title .;
“small business” applies in that section
The term “small business” means a small business concern as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 ).;
“public document” applies in that section
the term “public document” means any document or other written statement made available for public reference or use, regardless of whether such document or statement is made available in hard copy or electronic format.
“covered acquisition program” applies in that section
The term “covered acquisition program” means any acquisition program of the Department of Defense other than a major defense acquisition program, but does not include any contract awarded under an exception to competitive acquisition authorized by the Small Business Act ( 15 U.S.C. 631 et seq.). (C) Level of performance .— The term “level of performance”, with respect to a nondevelopmental item, means the extent to which the item demonstrates required item functional characteristics. (5) Sunset .— The authority to carry out the pilot program under this subsection shall terminate on January 7, 2021 .
“Federal Government” applies in that section
the term “Federal Government” includes both employees of the Federal Government and employees of Federal Government contractors providing advisory and assistance services as described in part 37 of the Federal Acquisition Regulation. (i) Limitation on Use of Funds .— Funds made available for the Challenge Program may be used only for activities authorized by this section, and not for implementation of challenge proposals.
“nondevelopmental item” applies in that section
The term “nondevelopmental item” has the meaning given that term in section 110 of title 41 . (B) Covered acquisition program .—
“system” applies in that section
the term “system”— (1) means— (A) the organization of hardware, software, material, facilities, personnel, data, and services needed to perform a designated function with specified results (such as the gathering of specified data, its processing, and its delivery to users); or (B) a combination of two or more interrelated pieces (or sets) of equipment arranged in a functional package to perform an operational function or to satisfy a requirement; and (2) includes a major system.
“designated system” applies in that section
The term “designated system” means any system (including a major system, as defined in section 3041 of title 10 , United States Code) that the Under Secretary of Defense for Acquisition and Sustainment designates for purposes of this section.;
“independent research and development costs” applies in that section
The term “independent research and development costs” has the meaning given the term in section 31.205-18 of title 48, Code of Federal Regulations.;
“Milestone B approval” applies in that section
The term “Milestone B approval” has the meaning given the term in section 4172(e)(7) of this title .;
“technology protection features” applies in that section
The term “technology protection features” means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.
“Defense Test Resource Management Center” applies in that section
The term “Defense Test Resource Management Center” means the Department of Defense Test Resource Management Center established under section 4173 of this title .;
“employee” applies in that section
The term “employee” has the meaning given that term in section 2105 of title 5 .;
“Major Range and Test Facility Base” applies in that section
The term “Major Range and Test Facility Base” means the test and evaluation facilities and resources that are designated by the Secretary of Defense as facilities and resources comprising the Major Range and Test Facility Base.;
“veteran” applies in that section
The term “veteran” has the meaning given that term in section 101 of title 38 .
“institution of higher education” applies in that section
the term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).
“science and technology reinvention laboratories of the Department of Defense” applies in that section
the term “science and technology reinvention laboratories of the Department of Defense” means the laboratories designated as science and technology reinvention laboratories by section 4121(b) of this title .
“test organization” applies in that section
the term “test organization” means a test organization of the Major Range and Test Facility Base specified in Department of Defense Directive 3200.11 or any successor directive.
“national technology and industrial base” applies in that section
The term “national technology and industrial base” has the meaning given that term in section 4801 of this title .;
“partnership intermediary” applies in that section
the term “partnership intermediary” means an agency of a State or local government, or a nonprofit entity owned in whole or in part by, chartered by, funded in whole or in part by, or operated in whole or in part by or on behalf of a State or local government, that— (A) assists, counsels, advises, evaluates, or otherwise cooperates with industry or academic institutions that need or can make demonstrably productive use of technology-related assistance from a Center; (B) facilitates technology transfer from industry or academic institutions to a Center; or (C) assists and facilitates workforce development in critical technology areas for technology transition activities to fulfill unmet …
“science and technology reinvention laboratory” applies in that section
The term “science and technology reinvention laboratory” means a science and technology reinvention laboratory designated under section 4121(b) of this title .
“Defense research facility” applies in that section
the term “Defense research facility” means a Department of Defense facility which performs or contracts for the performance of— (1) basic research; or (2) applied research known as exploratory development.
“head of an agency” applies in that section
the term “head of an agency” has the meaning given such term in section 3004 of this title . (d) Identification to Congress of FFRDC Workload Effort .— After the close of a fiscal year, and not later than January 1 of the next year, the Secretary shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives a report setting forth the actual obligations and the actual man-years of effort expended at each federally funded research and development center during that fiscal year.
“multi-stakeholder research and innovation partnership” applies in that section
The term “multi-stakeholder research and innovation partnership” means a partnership composed of any combination of two or more of the following: (A) Universities, colleges, or other institutions of higher education with research and innovation capability. (B) Non-profit organizations that provide policy, research, outreach, operations, organizational, management, testing, evaluation, technology transfer, legal, financial, or advocacy expertise. (C) For-profit commercial enterprises that may be publicly or privately owned, early stage or mature, and incorporated or operating by another ownership structure.
“nontraditional capability” applies in that section
The term “nontraditional capability” means a solution to an operational challenge that can significantly leverage commercial innovation or external capital with minimal dependencies on fielded systems.;
“nontraditional defense contractor” applies in that section
The term “nontraditional defense contractor” has the meaning given that term in section 3014 of this title .
“science and technology reinvention laboratory” applies in that section
the term “science and technology reinvention laboratory” means a Department of Defense laboratory designated as a Department of Defense science and technology reinvention laboratory under section 4121 of this title .
“covered educational institution” applies in that section
the term “covered educational institution” means— (1) an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965 ( 20 U.S.C. 1051 et seq.); or (2) an accredited postsecondary minority institution.
“responsible official concerned” applies in that section
the term “responsible official concerned” means— (1) the Assistant Secretary of the Army for Acquisition, Technology, and Logistics, with respect to matters concerning the Army; (2) the Assistant Secretary of the Navy for Research, Development, and Acquisition, with respect to matters concerning the Navy and the Marine Corps; or (3) the Assistant Secretary of the Air Force for Acquisition, with respect to matters concerning the Air Force and the Space Force; (4) the Deputy Secretary of Defense, with respect to matters concerning the Defense Advanced Research Projects Agency, the Defense Innovation Unit, and the Strategic Capabilities Office, and any other matters not covered by paragraphs …
“covered designated major subprogram” applies in that section
The term “covered designated major subprogram” means a major subprogram designated under section 4203(a)(1) of this title that is a major subprogram of a covered major defense acquisition program. (b) Operational Test and Evaluation .— (1) Operational testing of a major defense acquisition program may not be conducted until the Director of Operational Test and Evaluation of the Department of Defense approves (in writing) the adequacy of the plans (including the projected level of funding) for operational test and evaluation to be conducted in connection with that program.
“covered major defense acquisition program” applies in that section
The term “covered major defense acquisition program” means a major defense acquisition program that involves the acquisition of a weapon system that is a major system.;
“major defense acquisition program” applies in that section
the term “major defense acquisition program” has the meaning given that term in section 139(a)(2)(B) of this title . (c) Determination of Quantity of Articles Required for Operational Testing .— The quantity of articles of a new system that are to be procured for operational testing shall be determined by— (1) the Director of Operational Test and Evaluation of the Department of Defense, in the case of a new system that is a major defense acquisition program (as defined in section 139(a)(2)(B) of this title ); or (2) the operational test and evaluation agency of the military department concerned, in the case of a new system that is not a major defense acquisition program.
“operational test and evaluation” applies in that section
the term “operational test and evaluation” has the meaning given that term in section 139(a)(2)(A) of this title . For purposes of subsection (a), that term does not include an operational assessment based exclusively on— (1) computer modeling; (2) simulation; or (3) an analysis of system requirements, engineering proposals, design specifications, or any other information contained in program documents.
“covered product improvement program” applies in that section
The term “covered product improvement program” means a program under which— (A) a modification or upgrade will be made to a covered system which (as determined by the Secretary of Defense) is likely to affect significantly the survivability of such system; or (B) a modification or upgrade will be made to a major munitions program or a missile program which (as determined by the Secretary of Defense) is likely to affect significantly the lethality of the munition or missile produced under the program.;
“covered system” applies in that section
The term “covered system” means— (A) a vehicle, weapon platform, or conventional weapon system that— (i) includes features designed to provide some degree of protection to users in combat; and (ii) is a major system as defined in section 3041 of this title ; or (B) any other system or program designated by the Secretary of Defense for purposes of this section.;
“major munitions program” applies in that section
The term “major munitions program” means— (A) a munition program for which more than 1,000,000 rounds are planned to be acquired; or (B) a conventional munitions program that is a major system within the meaning of that term in section 3041 of this title .;
“Milestone B approval” applies in that section
The term “Milestone B approval” means a decision to enter into system development and demonstration pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.;
“Milestone C approval” applies in that section
The term “Milestone C approval” means a decision to enter into production and deployment pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.
“realistic lethality testing” applies in that section
The term “realistic lethality testing” means, in the case of a major munitions program or a missile program (or a covered product improvement program for such a program), testing for lethality by firing the munition or missile concerned at appropriate targets configured for combat. (5) The term “configured for combat”, with respect to a weapon system, platform, or vehicle, means loaded or equipped with all dangerous materials (including all flammables and explosives) that would normally be on board in combat.;
“realistic survivability testing” applies in that section
The term “realistic survivability testing” means, in the case of a covered system (or a covered product improvement program for a covered system), testing for vulnerability of the system in combat by firing munitions likely to be encountered in combat (or munitions with a capability similar to such munitions) at the system configured for combat, with the primary emphasis on testing vulnerability with respect to potential user casualties and taking into equal consideration the susceptibility to attack and combat performance of the system.;
“Major Range and Test Facility Base” applies in that section
the term “Major Range and Test Facility Base” means the test and evaluation facilities and resources that are designated by the Secretary of Defense as facilities and resources comprising the Major Range and Test Facility Base.
“covered contract” applies in that section
the term “covered contract” means— (1) a contract of a military department; or (2) a contract for a jointly funded project as described subsection (d).
“direct costs” applies in that section
The term “direct costs” includes the cost of— (A) labor, material, facilities, utilities, equipment, supplies, and any other resources damaged or consumed during test or evaluation activities or maintained for a particular commercial entity; and (B) construction specifically performed for a commercial entity to conduct test and evaluation activities.
“Major Range and Test Facility Installation” applies in that section
The term “Major Range and Test Facility Installation” means a test and evaluation installation under the jurisdiction of the Department of Defense and designated as a Major Range and Test Facility Installation by the Secretary.;
“major defense acquisition program” applies throughout its part
the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and— (1) that is designated by the Secretary of Defense as a major defense acquisition program; or (2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require— (A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or (B) an eventual total expenditure for procurement, …
“minimum sustaining rate” applies in that section
The term “minimum sustaining rate” means the production rate for each budget year that is necessary to keep production lines open while maintaining a base of responsive vendors and suppliers. (c) In the case of any weapon system for which procurement funds have not been previously requested and for which funds are first requested by the President in any fiscal year after the Budget for that fiscal year has been submitted to Congress, the same documentation requirements shall be applicable to that system in the same manner and to the same extent as if funds had been requested for that system in that budget.
“most efficient production rate” applies in that section
The term “most efficient production rate” means the maximum rate for each budget year at which the weapon system can be produced with existing or planned plant capacity and tooling, with one shift a day running for eight hours a day and five days a week.;
“concurrency” applies in that section
the term “concurrency” means, with respect to an acquisition strategy, the combination or overlap of program phases or activities.
“milestone B decision” applies in that section
the term “milestone B decision” means the decision to approve the system development and demonstration of a major system by the official of the Department of Defense designated to have the authority to make that decision. (3) Any increase from a quantity determined under paragraph (1) may only be made with the approval of the official making the determination. (4) The quantity of articles of a major system that may be procured for low-rate initial production may not be less than one operationally configured production unit unless another quantity is established at the milestone B decision.
“SAR” applies in that section
the term “SAR” means a Selected Acquisition Report submitted under section 4351 of this title . (b) Low-Rate Initial Production of Weapon Systems .— Except as provided in subsection (c), low-rate initial production with respect to a new system is production of the system in the minimum quantity necessary— (1) to provide production-configured or representative articles for operational tests pursuant to section 4171 of this title ; (2) to establish an initial production base for the system; and (3) to permit an orderly increase in the production rate for the system sufficient to lead to full-rate production upon the successful completion of operational testing.
“engineering and manufacturing development contract” applies in that section
The term “engineering and manufacturing development contract” means a prime contract for the engineering and manufacturing development of a major defense acquisition program.
“lowest price technically acceptable source selection process” applies in that section
The term “lowest price technically acceptable source selection process” has the meaning given that term in part 15 of the Federal Acquisition Regulation. (2) Engineering and manufacturing development contract .—
“congressional intelligence committees” applies in that section
The term “congressional intelligence committees” has the meaning given that term in section 437(c) of this title .
“Milestone A approval” applies in that section
The term “Milestone A approval” means a decision to enter into technology maturation and risk reduction pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.;
“Milestone B approval” applies in that section
The term “Milestone B approval” has the meaning provided that term in section 4172(e)(7) of this title . (4) The term “milestone decision authority”, with respect to a major defense acquisition program or a major subprogram, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or subprogram, including authority to approve entry of the program or subprogram into the next phase of the acquisition process.;
“requirements document” applies in that section
The term “requirements document” means any capabilities requirement document that establishes the need for a materiel approach to resolve a capability gap.;
“congressional intelligence committees” applies in that section
The term “congressional intelligence committees” has the meaning given that term in section 437(c) of this title . (5) The term “written record of milestone decision”, with respect to a major defense acquisition program or a major subprogram, means a document signed by the milestone decision authority that formalizes approved entry of the program or subprogram into the next phase of the acquisition process.
“core logistics capabilities” applies in that section
The term “core logistics capabilities” means the core logistics capabilities identified under section 2464(a) of this title .;
“Milestone B approval” applies in that section
The term “Milestone B approval” has the meaning provided that term in section 4172(e)(7) of this title .;
“congressional intelligence committees” applies in that section
the term “congressional intelligence committees” has the meaning given that term in section 437(c) of this title .
“initial capabilities document” applies in that section
The term “initial capabilities document” has the meaning provided in section 4251(d)(1) of this title .
“procurement unit cost” applies in that section
The term “procurement unit cost” has the meaning provided in section 4351(a)(2) of this title .;
“defense acquisition authority” applies in that section
the term “defense acquisition authority” means the Secretary of a military department or the commander of the United States Special Operations Command. (b) Sustainment Plan .— The Secretary of Defense shall require that each sustainment plan under this section include, at a minimum, the following: (1) The milestone schedule for the development of the major defense acquisition program, including the scheduled dates for low-rate initial production, initial operational capability, full-rate production, and full operational capability and the date as of when the replacement system is scheduled to assume the majority of responsibility for the mission of the existing system.
“covered system” applies in that section
the term “covered system” has the meaning given in section 4324 of this title .
“covered system” applies throughout its chapter
The term “covered system” means— (A) a major defense acquisition program as defined in section 4201 of this title ; (B) a major subprogram as described in section 4203 of this title ; or (C) an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of this title .;
“critical readiness items of supply” applies throughout its chapter
The term “critical readiness items of supply” means— (A) parts and systems designated as Mission Impaired Capability Awaiting Parts, Not Mission Capable Supply, or Casualty Report Category 3 or 4 status (as defined by the Secretary of Defense or a Secretary of a military department); or (B) parts or systems designated by the Secretary of Defense as negatively impacting the materiel readiness objectives of a covered system.;
“Integrated Product Support Elements” applies throughout its chapter
The term “Integrated Product Support Elements” means, with respect to a covered system— (A) product support management; (B) design interface; (C) sustaining engineering; (D) maintenance planning and management; (E) supply support; (F) support equipment; (G) technical data; (H) training and training support; (I) information technology systems continuous support; (J) facilities and infrastructure; (K) packaging, handling, storage, and transportation; and (L) manpower and personnel.;
“Milestone A approval” applies throughout its chapter
The terms “milestone decision authority” and “Milestone A approval” have the meanings given, respectively, in section 4251 of this title .;
“Milestone B approval” applies throughout its chapter
The term “Milestone B approval” and “Milestone C approval” has the meaning given in section 4172 of this title .;
“Milestone C approval” applies throughout its chapter
The term “Milestone B approval” and “Milestone C approval” has the meaning given in section 4172 of this title .;
“milestone decision authority” applies throughout its chapter
The terms “milestone decision authority” and “Milestone A approval” have the meanings given, respectively, in section 4251 of this title .;
“product support” applies throughout its chapter
The term “product support” means the package of support functions required to field and sustain the readiness and operational capability of covered systems (including subsystems and components of such covered systems).;
“product support arrangement” applies throughout its chapter
The term “product support arrangement”— (A) means a contract, task order, or another contractual arrangement, or any type of agreement or non-contractual arrangement entered into by the Federal Government, for the performance of sustainment or logistics support required for covered systems (including subsystems and components of such covered systems); and (B) includes arrangements for any of the following: (i) Performance-based logistics. (ii) Sustainment support. (iii) Contractor logistics support. (iv) Life-cycle product support.;
“product support integrator” applies throughout its chapter
The term “product support integrator” means an entity responsible for integrating private and public sources of product support within the scope of a product support arrangement.;
“product support provider” applies throughout its chapter
The term “product support provider” means an entity that provides product support functions.
“major weapon system” applies in that section
the term “major weapon system” has the meaning given that term in section 101(a) of this title .
“critical cost growth threshold” applies throughout its chapter
The term “critical cost growth threshold” means the following: (A) In the case of a major defense acquisition program or designated major defense subprogram, a percentage increase in the program acquisition unit cost for the program or subprogram of— (i) at least 25 percent over the program acquisition unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or (ii) at least 50 percent over the program acquisition unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
“major contract” applies throughout its chapter
the terms “program acquisition unit cost”, “procurement unit cost”, and “major contract” have the same meanings as provided in section 4351(a) of this title . (2) Significant cost growth threshold .—
“original Baseline Estimate” applies throughout its chapter
The term “original Baseline Estimate” has the same meaning as provided in section 4214(d) of this title . (6) Procurement program .—
“procurement program” applies throughout its chapter
The term “procurement program” means a program for which funds for procurement are authorized to be appropriated in a fiscal year. (b) Reporting under this chapter shall not apply if a program has received a limited reporting waiver under section 4351(h) of this title . (c) Any determination of a percentage increase under this chapter shall be stated in terms of constant base year dollars (as described in section 4202 of this title ).
“procurement unit cost” applies throughout its chapter
the terms “program acquisition unit cost”, “procurement unit cost”, and “major contract” have the same meanings as provided in section 4351(a) of this title . (2) Significant cost growth threshold .—
“program acquisition unit cost” applies throughout its chapter
the terms “program acquisition unit cost”, “procurement unit cost”, and “major contract” have the same meanings as provided in section 4351(a) of this title . (2) Significant cost growth threshold .—
“significant cost growth threshold” applies throughout its chapter
The term “significant cost growth threshold” means the following: (A) In the case of a major defense acquisition program or designated major defense subprogram, a percentage increase in the program acquisition unit cost for the program or subprogram of— (i) at least 15 percent over the program acquisition unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or (ii) at least 30 percent over the program acquisition unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
“fielding target” applies throughout its chapter
The terms “program cost targets” and “fielding target” have the meanings provided in section 4271(a) of this title .;
“major defense acquisition program” applies throughout its chapter
The term “major defense acquisition program” has the meaning provided in section 4201 of this title .;
“major system component” applies throughout its chapter
The term “major system component”— (A) means a high level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through modular system interfaces; and (B) includes a subsystem or assembly that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another major system component.;
“major system platform” applies throughout its chapter
The term “major system platform” means the highest level structure of a major weapon system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed.;
“major weapon system” applies throughout its chapter
The term “major weapon system” has the meaning provided in section 101(a) of this title .
“modular open system approach” applies throughout its chapter
The term “modular open system approach” means, with respect to a major defense acquisition program, an integrated business and technical strategy that— (A) employs a modular design that uses modular system interfaces between major systems, major system components and modular systems; (B) is subjected to verification to ensure that relevant modular system interfaces— (i) comply with, if available and suitable, widely supported and consensus-based standards; or (ii) are delivered pursuant to the requirements established in subsection (a)(2)(B) of section 804 of the William M.
“modular system interface” applies throughout its chapter
The term “modular system interface” means a shared boundary between major systems, major system components, or modular systems, defined by various physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software elements.
“program capability document” applies throughout its chapter
The term “program capability document” means, with respect to a major defense acquisition program, a document that specifies capability requirements for the program, such as a capability development document or a capability production document.;
“program cost targets” applies throughout its chapter
The terms “program cost targets” and “fielding target” have the meanings provided in section 4271(a) of this title .;
“budget” applies in that section
the terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title and
“commercial product” applies in that section
the term “commercial product” has the meaning given that term in section 103 of title 41 .
“defense budget materials” applies in that section
the terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title and
“weapon system component” applies throughout its subchapter
the term “weapon system component” has the meaning given the term “major system component” in section 4401 of this title .
“contract services” applies in that section
the term “contract services” has the meaning given that term in section 4502(d)(2) of this title .
“contract services” applies in that section
The term “contract services” includes all services acquired from private sector entities by or for the Department of Defense, including services in support of contingency operations. The term does not include services relating to research and development or military construction.
“procurement action” applies in that section
The term “procurement action” includes the following actions: (A) Entry into a contract or any other form of agreement. (B) Issuance of a task order, delivery order, or military interdepartmental purchase request.;
“function closely associated with inherently governmental functions” applies in that section
The term “function closely associated with inherently governmental functions” has the meaning given that term in section 4508(b)(3) of this title . (3) Inherently governmental functions .—
“inherently governmental functions” applies in that section
The term “inherently governmental functions” has the meaning given that term in section 4508(b)(2) of this title . (4) Personal services contract .—
“personal services contract” applies in that section
The term “personal services contract” means a contract under which, as a result of its terms or conditions or the manner of its administration during performance, contractor personnel are subject to the relatively continuous supervision and control of one or more Government officers or employees, except that the giving of an order for a specific article or service, with the right to reject the finished product or result, is not the type of supervision or control that makes a contract a personal services contract. (5) Service acquisition portfolio groups .—
“service acquisition portfolio groups” applies in that section
The term “service acquisition portfolio groups” means the groups identified in Department of Defense Instruction 5000.74, Defense Acquisition of Services ( January 5, 2016 ) or successor guidance. (6) Staff augmentation contracts .—
“simplified acquisition threshold” applies in that section
The term “simplified acquisition threshold” has the meaning given the term in section 134 of title 41 . (8) Small business act definitions.—;
“small business concern” applies in that section
The term “small business concern” has the meaning given such term under section 3 of the Small Business Act ( 15 U.S.C. 632 ).;
“small business concern owned and controlled by women” applies in that section
The terms “small business concern owned and controlled by socially and economically disadvantaged individuals” and “small business concern owned and controlled by women” have the meanings given such terms, respectively, in section 8(d)(3) of the Small Business Act ( 15 U.S.C. 637(d)(3) ).
“staff augmentation contracts” applies in that section
The term “staff augmentation contracts” means services contracts for personnel who are physically present in a Government work space on a full-time or permanent part-time basis, for the purpose of advising on, providing support to, or assisting a Government agency in the performance of the agency’s missions, including authorized personal services contracts. (7) Simplified acquisition threshold .—
“acquisition decision authority” applies in that section
The term “acquisition decision authority” means the designated decision authority for each designated special interest services acquisition category, described in such Department of Defense Instruction.
“Services Requirements Review Board” applies in that section
The term “Services Requirements Review Board” has the meaning given in Department of Defense Instruction 5000.74, titled “Defense Acquisition of Services” and dated January 10, 2020 , or a successor instruction.;
“functions closely associated with inherently governmental functions” applies in that section
The term “functions closely associated with inherently governmental functions” means the functions described in section 7.503(d) of the Federal Acquisition Regulation.;
“inherently governmental functions” applies in that section
The term “inherently governmental functions” has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation.;
“organizational conflict of interest” applies in that section
The term “organizational conflict of interest” has the meaning given such term in subpart 9.5 of part 9 of the Federal Acquisition Regulation.
“claim for payment” applies in that section
the term “claim for payment” means an invoice or any other demand or request for payment.
“contract voucher” applies in that section
the term “contract voucher” means a voucher or invoice for the payment to a contractor for services or deliverable items provided by the contractor under a contract funded by the Department of Defense.
“debar” applies in that section
The term “debar” means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance.;
“suspend” applies in that section
The term “suspend” means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting for a temporary period of time because a concern or individual is suspected of engaging in criminal, fraudulent, or seriously improper conduct.
“conditional offer” applies in that section
The term “conditional offer” means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry. (2) Criminal history record information .—
“criminal history record information” applies in that section
The term “criminal history record information” has the meaning given that term in section 9201 of title 5 .
“debar” applies in that section
the term “debar” has the meaning given that term by section 4654(c) of this title .
“foreign entity” applies in that section
the term “foreign entity” means a foreign person, a foreign company, or any other foreign entity. (c) Waiver Authority .— The Secretary of Defense may waive the prohibition in subsection (b) in specific instances when the Secretary determines that the waiver is necessary in the national security interests of the United States.
“candidate” applies in that section
the terms “contribution”, “expenditure”, “independent expenditure”, “candidate”, “election”, “electioneering communication”, and “Federal office” has the meaning given that term in the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.).
“contractor” applies in that section
The term “contractor” includes contractors, bidders, and offerors, and individuals and legal entities who would reasonably be expected to submit offers or bids for Federal Government contracts. (2) Political information .—
“contribution” applies in that section
the terms “contribution”, “expenditure”, “independent expenditure”, “candidate”, “election”, “electioneering communication”, and “Federal office” has the meaning given that term in the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.).
“election” applies in that section
the terms “contribution”, “expenditure”, “independent expenditure”, “candidate”, “election”, “electioneering communication”, and “Federal office” has the meaning given that term in the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.).
“electioneering communication” applies in that section
the terms “contribution”, “expenditure”, “independent expenditure”, “candidate”, “election”, “electioneering communication”, and “Federal office” has the meaning given that term in the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.).
“expenditure” applies in that section
the terms “contribution”, “expenditure”, “independent expenditure”, “candidate”, “election”, “electioneering communication”, and “Federal office” has the meaning given that term in the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.).
“Federal office” applies in that section
the terms “contribution”, “expenditure”, “independent expenditure”, “candidate”, “election”, “electioneering communication”, and “Federal office” has the meaning given that term in the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.).
“independent expenditure” applies in that section
the terms “contribution”, “expenditure”, “independent expenditure”, “candidate”, “election”, “electioneering communication”, and “Federal office” has the meaning given that term in the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.).
“political information” applies in that section
The term “political information” means information relating to political spending, including any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering communication that is made by the contractor, any of its partners, officers, directors or employees, or any of its affiliates or subsidiaries to a candidate or on behalf of a candidate for election for Federal office, to a political committee, to a political party, to a third party entity with the intention or reasonable expectation that it would use the payment to make independent expenditures or electioneering communications, or that is otherwise made with respect to any election …
“covered individually identifiable Department employee data” applies in that section
The term “covered individually identifiable Department employee data” means individually identifiable Department employee data obtained by a contractor or subcontractor described in subsection (a).;
“individually identifiable Department employee data” applies in that section
The term “individually identifiable Department employee data” means information related to an employee of the Department of Defense, including a member of the Armed Forces, that— (A) identifies such employee; or (B) which may be used to infer, by either direct or indirect means, the identity of such an employee to whom the information applies.
“covered lobbyist” applies in that section
The term “covered lobbyist” means an entity that engages in lobbying activities for any entity determined to be a Chinese military company listed in accordance with section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note).;
“lobbying activities” applies in that section
The term “lobbying activities” has the meaning given in section 1045(c) of the National Defense Authorization Act for Fiscal Year 2018 ( 10 U.S.C. 971 note prec.).
“controlled by a covered nation” applies in that section
The term “controlled by a covered nation” means, with respect to a retailer— (A) that the retailer is organized under the laws of a covered nation or any jurisdiction within a covered nation; (B) that the government of a covered nation— (i) owns 50 percent or more of the shares of the retailer; or (ii) otherwise owns the controlling interest in such retailer; or (C) that the retailer is subject to the direct control of the government of a covered nation.;
“covered military installation” applies in that section
The term “covered military installation” means a military installation (as defined in section 2801 of this title ) located in the United States.;
“covered nation” applies in that section
The term “covered nation” has the meaning given in section 4872 of this title .;
“long-term concessions agreement” applies in that section
The term “long-term concessions agreement” means a contract, subcontract, or other agreement, including a lease agreement or licensing agreement, to operate a business through a physical location on a covered military installation entered into by— (A) the Secretary of Defense or a Secretary of a military department and a person; or (B) a person and a nonappropriated fund instrumentality.;
“retailer” applies in that section
The term “retailer” means a person that operates or seeks to operate a business providing goods or services on a covered military installation under a contract, subcontract, or other agreement, including a lease agreement or licensing agreement, with— (A) a nonappropriated fund instrumentality; (B) the Secretary of Defense; or (C) a Secretary of a military department.
“abuse of authority” applies in that section
The term “abuse of authority” means the following: (A) An arbitrary and capricious exercise of authority that is inconsistent with the mission of the Department of Defense or the successful performance of a Department contract or grant. (B) An arbitrary and capricious exercise of authority that is inconsistent with the mission of the National Aeronautics and Space Administration or the successful performance of an Administration contract or grant.;
“agency” applies in that section
The term “agency” means an agency named in section 3063 of this title . [(2) Repealed. Pub. L. 116–283, div. A, title XVIII, § 1863(c)(2) , Jan. 1, 2021 , 134 Stat. 4278 .];
“contract” applies in that section
The term “contract” means a contract awarded by the head of an agency.;
“contractor” applies in that section
The term “contractor” means a person awarded a contract with an agency.;
“grantee” applies in that section
The term “grantee” means a person awarded a grant with an agency.