r/title-10-ARMED-FORCES wiki — defined terms

“eligible entity” applies throughout its subchapter

The term “eligible entity” means any private person, corporation, firm, partnership, company, State or local government, or housing authority of a State or local government that is prepared to enter into a contract as a partner with the Secretary concerned for the construction of housing units and ancillary supporting facilities.;

“Fund” applies throughout its subchapter

The term “Fund” means the Department of Defense Family Housing Improvement Fund or the Department of Defense Military Unaccompanied Housing Improvement Fund established under section 2883(a) of this title .;

“housing document” applies throughout its subchapter

The term “housing document” means a document developed by the Secretary of Defense under section 2890 of this title and known as the Military Housing Privatization Initiative Tenant Bill of Rights or the Military Housing Privatization Initiative Tenant Responsibilities.;

“housing unit” applies throughout its subchapter

The term “housing unit” means a unit of family housing or military unaccompanied housing acquired or constructed under this subchapter.;

“incentive fees” applies throughout its subchapter

The term “incentive fees” means any amounts payable to a landlord for meeting or exceeding performance metrics as specified in a contract with the Department of Defense.;

“landlord” applies throughout its subchapter

The term “landlord” means an eligible entity that enters into, or has entered into, a contract as a partner with the Secretary concerned for the acquisition or construction of a housing unit under this subchapter. The term includes any agent of the eligible entity or any subsequent lessor who owns, manages, or is otherwise responsible for a housing unit. The term does not include an entity of the Federal Government.;

“military unaccompanied housing” applies throughout its subchapter

The term “military unaccompanied housing” means military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents and transient housing intended to be occupied by members of the armed forces on temporary duty.;

“tenant” applies throughout its subchapter

The term “tenant” means a member of the armed forces, including a reserve component thereof in an active status, or a dependent of a member of the armed forces who resides at a housing unit, is a party to a lease for a housing unit, or is authorized to act on behalf of the member under this subchapter and subchapter V of this chapter in the event of the assignment or deployment of a member.;

“United States” applies throughout its subchapter

The term “United States” includes the Commonwealth of Puerto Rico.

“disability” applies in that section

the term “disability” has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ).

“asset management fees” applies in that section

the term “asset management fees” means fees paid to manage a housing unit for the purpose of ensuring the housing unit is maintained in good condition and making repairs over the lifecycle of the housing unit.;

“base management fees” applies in that section

The term “base management fees” means the monthly management fees collected for services associated with accepting and processing rent payments, ensuring tenant rent payments, property inspections, maintenance management, and emergency maintenance calls.;

“deferred fee” applies in that section

the term “deferred fee” means any fee that was not paid to a person in a calendar year in order to meet other financial obligations of the landlord. (b) Availability of Information on Performance Metrics and Use of Incentive Fees .— (1) Not less frequently than annually, the Secretary of Defense shall make available, upon request of a tenant, at the applicable installation housing office the following: (A) An assessment of the indicators underlying the performance metrics for each contract for the provision or management of housing units to ensure such indicators adequately measure the condition and quality of each housing unit covered by the contract.

“preferred return fees” applies in that section

the term “preferred return fees” means fees associated with any claims on profits furnished to preferred investors with an interest in the housing unit.;

“residual cashflow distribution” applies in that section

the term “residual cashflow distribution” means the steps a specific housing project takes to restructure after it is determined that the project is in an unacceptable financial condition.;

“maintenance” applies in that section

the term “maintenance” includes any renovations of the housing unit during the period specified in subsection (a)(1).

“covered armed force” applies in that section

The term “covered armed force” means the Army, Navy, Marine Corps, Air Force, or Space Force.;

“covered dwelling unit” applies in that section

The term “covered dwelling unit” means a unit of accompanied family housing, unaccompanied housing, or barracks— (A) that is acquired or constructed pursuant to subchapter IV of chapter 169 of this title; (B) in which a member of a covered armed force resides; and (C) that such member does not own.;

“tenant” applies in that section

The term “tenant” means any of the following: (A) A member of a covered armed force who resides in a covered dwelling unit. (B) A dependent of a member described in subparagraph (A) who resides in a covered dwelling unit.

“microgrid” applies in that section

the term “microgrid” means an integrated energy system consisting of interconnected loads and energy resources that, if necessary, can be removed from the local utility grid and function as an integrated, stand-alone system. (i) Assessment of Life-cycle Costs and Performance of Potential Energy Resilience Projects .— (1) Subject to the availability of appropriations, the Secretary of Defense shall develop and institute a process to ensure that the Department of Defense, when evaluating energy resilience measures, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures.

“operational energy cost savings” applies in that section

the term “operational energy cost savings” means the monetary savings achieved through measures to reduce energy expenditures relative to the amount that would have been necessary to sustain an equivalent level of capability in the absence of such measures.

“covered project” applies in that section

the term “covered project” means a project connected to a Department of Defense Information Network for which funds are made available under this section. (f) Application to Military Construction Projects .— This section shall apply to military construction projects covered by subsection (a) for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress in connection with the budget of the Department of Defense for fiscal year 2023 and thereafter.

“availability” applies in that section

The term “availability” means the availability of required energy at a stated instant of time or over a stated period of time for a specific purpose.;

“black start exercise” applies in that section

The term “black start exercise” means an exercise in which delivery of energy provided from off an installation is terminated before backup generation assets on the installation are turned on. Such an exercise shall— (A) determine the ability of the backup systems to start independently, transfer the load, and carry the load until energy from off the installation is restored; (B) align organizations with critical missions to coordinate in meeting critical mission requirements; (C) validate mission operation plans, such as continuity of operations plans; (D) identify infrastructure interdependencies; and (E) verify backup electric power system performance.;

“critical mission” applies in that section

The term “critical mission”— (A) means those aspects of the missions of an installation, including mission essential operations, that are critical to successful performance of the strategic national defense mission; (B) may include operational headquarters facilities, airfields and supporting infrastructure, harbor facilities supporting naval vessels, munitions production and storage facilities, missile fields, radars, satellite control facilities, cyber operations facilities, space launch facilities, operational communications facilities, and biological defense facilities; and (C) does not include military housing (including privatized military housing), morale, welfare, and recreation …

“energy” applies in that section

The term “energy” means electricity, natural gas, steam, chilled water, and heated water.;

“installation” applies in that section

The term “installation” has the meaning given the term “military installation” in section 2801(c)(4) of this title .

“covered data center” applies in that section

the term “covered data center” means a data center of the Department of Defense that— (A) is one of the 50 data centers of the Department with the highest annual power usage rates; and (B) has been established before the date of the enactment of this section. (b) New Data Centers .— (1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices.

“advanced-biofuel-powered vehicle” applies in that section

The term “advanced-biofuel-powered vehicle” includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101(3)(A) ).;

“covered nontactical vehicle” applies in that section

The term “covered nontactical vehicle” means any vehicle— (A) that is not a tactical vehicle designed for use in combat; and (B) that is purchased or leased by the Department of Defense pursuant to a contract entered into, renewed, modified, or amended on or after October 1, 2035 .;

“hydrogen-powered vehicle” applies in that section

The term “hydrogen-powered vehicle” means a vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion.

“drop-in fuel” applies in that section

The term “drop-in fuel” means a neat or blended liquid hydrocarbon fuel designed as a direct replacement for a traditional fuel with comparable performance characteristics and compatible with existing infrastructure and equipment.;

“traditional fuel” applies in that section

The term “traditional fuel” means a liquid hydrocarbon fuel derived or refined from petroleum.

“biogas” applies throughout its chapter

The term “biogas” means biogas as such term is used in section 211( o )(1)(B)(ii)(V) of the Clean Air Act ( 42 U.S.C. 7545 ( o )(1)(B)(ii)(V)).

“biomass” applies throughout its chapter

The term “biomass” has the meaning given the term “renewable biomass” in section 211( o )(1) of the Clean Air Act ( 42 U.S.C. 7545 ( o )(1)).;

“defined fuel source” applies throughout its chapter

The term “defined fuel source” means any of the following: (A) Petroleum. (B) Natural gas. (C) Coal. (D) Coke.;

“energy-efficient maintenance” applies throughout its chapter

The term “energy-efficient maintenance” includes— (A) the repair of military vehicles, equipment, or facility and infrastructure systems, such as lighting, heating, or cooling equipment or systems, or industrial processes, by replacement with technology that— (i) will achieve energy savings over the life-cycle of the equipment or system being repaired; and (ii) will meet the same end needs as the equipment or system being repaired; and (B) improvements in an operation or maintenance process, such as improved training or improved controls, that result in energy savings.

“operational energy” applies throughout its chapter

The term “operational energy” means the energy required for training, moving, and sustaining military forces and weapons platforms for military operations. The term includes energy used by tactical power systems and generators and weapons platforms.;

“petroleum” applies throughout its chapter

The term “petroleum” means natural or synthetic crude, blends of natural or synthetic crude, and products refined or derived from natural or synthetic crude or from such blends.;

“renewable energy source” applies throughout its chapter

The term “renewable energy source” means energy generated from renewable sources, including the following: (A) Solar, including electricity. (B) Wind. (C) Biomass. (D) Biogas. (E) Landfill gas. (F) Ocean, including tidal, wave, current, and thermal. (G) Geothermal, including electricity and heat pumps. (H) Municipal solid waste. (I) New hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. For purposes of this subparagraph, hydroelectric generation capacity is “new” if it was placed in service on or after January 1, 1999 . (J) Thermal energy generated by any of the preceding sources.;

“contested logistics environment” applies in that section

the term “contested logistics environment” means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.

“acquisition” applies throughout its part

the term “acquisition” has the meaning provided in section 131 of title 41 .

“defense acquisition system” applies throughout its part

the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. (b) Element of the Defense Acquisition System .— In this part,

“element of the defense acquisition system” applies throughout its part

the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. (c) Acquisition .— In this part,

“Federal Acquisition Regulation” applies throughout its part

the term “Federal Acquisition Regulation” means the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41 .

“head of an agency” applies throughout its part

the term “head of an agency” means the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Homeland Security, and the Administrator of the National Aeronautics and Space Administration.

“competitive procedures” applies throughout its part

the term “competitive procedures” means procedures under which the head of an agency enters into a contract pursuant to full and open competition. Such term also includes— (1) procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40; (2) the competitive selection for award of science and technology proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of such proposals; (3) the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if— (A) participation in the program has been open to all responsible …

“technical data” applies in that section

the term “technical data” means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency. Such term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration.

“humanitarian or peacekeeping operation” applies throughout its part

The term “humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of a peacekeeping operation under chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing.

“simplified acquisition threshold” applies throughout its part

The term “simplified acquisition threshold” has the meaning provided that term in section 134 of title 41 , except that, in the case of any contract to be awarded and performed, or purchase to be made, outside the United States in support of a contingency operation or a humanitarian or peacekeeping operation, the term means an amount equal to two times the amount specified for that term in such section.;

“chapter 137 legacy provisions” applies throughout its part

the term “chapter 137 legacy provisions” means the following sections of this title: sections 3002, 3004, 3011–3015, 3041, 3063–3069, 3134, 3151–3157, 3201–3208, 3221–3227, 3241, 3243, 3249, 3252, 3301–3309, 3321–3323, 3344, 3345, 3371–3375, 3377, 3401, 3403, 3405, 3406, 3501–3511, 3531–3535, 3571, 3572, 3573, 3701–3708, 3741–3750, 3761, 3771–3775, 3781–3786, 3791, 3794, 3801–3807, 3841, 3842, 3847, 3881, 3901, 3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506, 4507, 4576, 4657, 4660, 4751, 4752, and 8751.

“major system” applies throughout its part

the term “major system” means a combination of elements that will function together to produce the capabilities required to fulfill a mission need. The elements may include hardware, equipment, software or any combination thereof, but excludes construction or other improvements to real property. (b) System Considered to Be a Major System .— A system shall be considered a major system if— (1) the conditions of subsection (c) or (d), as applicable, are satisfied; or (2) the system is designated a “major system” by the head of the agency responsible for the system.

“end item” applies in that section

the term “end item” means a production product assembled, completed, and ready for issue or deployment.

“best value” applies throughout its chapter

The term “best value” means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule.;

“capability requirement” applies throughout its chapter

The term “capability requirement” means a capability that is critical or essential to address an operational problem.;

“cost-effective” applies throughout its chapter

The term “cost-effective” means, with respect to an acquisition, delivering superior end-user results at equal or lower cost compared to alternatives.;

“operational problem” applies throughout its chapter

The term “operational problem” means— (A) a challenge of a military department in achieving an assigned military objective based on current doctrine, emerging threats, or future concepts; and (B) may include limitations in capabilities, capacity, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, or among military capabilities.;

“service chief” applies throughout its chapter

The term “service chief” means— (A) the Chief of Staff of the Army, with respect to matters concerning the Army; (B) the Chief of Naval Operations, with respect to matters concerning the Navy; (C) the Commandant of the Marine Corps, with respect to matters concerning the Marine Corps; (D) the Chief of Staff of the Air Force, with respect to matters concerning the Air Force; and (E) the Chief of Space Operations, with respect to matters concerning the Space Force.

“requirements document” applies in that section

the term “requirements document” means a document that establishes the need for a materiel approach to address an operational problem.

“common procurement weapon system” applies in that section

The term “common procurement weapon system” means a weapon system for which two or more of the Army, Navy, Air Force, Marine Corps, and Space Force request procurement funds in a defense budget.

“defense budget” applies in that section

The term “defense budget” means the budget of the Department of Defense included in the President’s budget submitted to Congress under section 1105 of title 31 for a fiscal year.;

“major defense acquisition program” applies in that section

The term “major defense acquisition program” has the meaning given the term in section 4201 of this title .;

“unexpired funds” applies in that section

The term “unexpired funds” means funds appropriated for a definite period that remain available for obligation.

“advisory and assistance services object class” applies in that section

The term “advisory and assistance services object class” means those contract services constituting the budget object class that is denominated “Advisory and Assistance Service” and designated (as of October 17, 1998 ) as Object Class 25.1 (or any similar object class established after October 17, 1998 , for the reporting of obligations for advisory and assistance contract services).;

“authorized exemptions” applies in that section

The term “authorized exemptions” means those exemptions authorized (as of October 17, 1998 ) under Department of Defense Directive 4205.2, captioned “Acquiring and Managing Contracted Advisory and Assistance Services (CAAS)” and issued by the Under Secretary of Defense for Acquisition and Technology on February 10, 1992 , such exemptions being set forth in Enclosure 3 to that directive (captioned “CAAS Exemptions”).

“contract services” applies in that section

The term “contract services” means all services that are reported to the Office of Management and Budget pursuant to OMB Circular A–11 (relating to preparation and submission of budget estimates) in budget object classes that are designated in the Object Class 25 series.;

“miscellaneous services object class” applies in that section

The term “miscellaneous services object class” means those contract services constituting the budget object class that is denominated “Other Services (services not otherwise specified in the 25 series)” and designated (as of October 17, 1998 ) as Object Class 25.2 (or any similar object class established after October 17, 1998 , for the reporting of obligations for miscellaneous or unspecified contract services).;

“contingency contracting” applies throughout its subchapter

The term “contingency contracting” means all stages of the process of acquiring property or services by the Department of Defense during a contingency operation. (4) Contingency contracting personnel .—

“contingency contracting personnel” applies throughout its subchapter

The term “contingency contracting personnel” means members of the armed forces and civilian employees of the Department of Defense who are members of the defense acquisition workforce and, as part of their duties, are assigned to provide support to contingency operations (whether deployed or not).

“contingency program management” applies throughout its subchapter

The term “contingency program management” means the process of planning, organizing, staffing, controlling, and leading the combined efforts of participating civilian and military personnel and organizations for the management of a specific defense acquisition program or programs during combat operations, post-conflict operations, and contingency operations. (3) Contingency contracting .—

“requirements definition” applies throughout its subchapter

The term “requirements definition” means the process of translating policy objectives and mission needs into specific requirements, the description of which will be the basis for awarding acquisition contracts for projects to be accomplished, work to be performed, or products to be delivered. (2) Contingency program management .—

“qualifying offeror” applies in that section

the term “qualifying offeror” means an offeror that— (A) is determined to be a responsible source; (B) submits a proposal that conforms to the requirements of the solicitation; and (C) the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing. (5) Exclusion of applicability to certain contracts .— Paragraph (3) shall not apply to multiple task or delivery order contracts if the solicitation provides for sole source task or delivery order contracts pursuant to section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ).

“aviation critical safety item” applies in that section

The term “aviation critical safety item” means a part, an assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system if the part, assembly, or equipment contains a characteristic any failure, malfunction, or absence of which could cause a catastrophic or critical failure resulting in the loss of or serious damage to the aircraft or weapon system, an unacceptable risk of personal injury or loss of life, or an uncommanded engine shutdown that jeopardizes safety.;

“qualification requirement” applies in that section

the term “qualification requirement” means a requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract. (b) Actions Before Establishing Qualification Requirement .— Except as provided in subsection (c), the head of the agency shall, before establishing a qualification requirement— (1) prepare a written justification stating the necessity for establishing the qualification requirement and specify why the qualification requirement must be demonstrated before contract award; (2) specify in writing and make available to a potential offeror upon request all requirements which a prospective offeror, or its product, must …

“ship critical safety item” applies in that section

The term “ship critical safety item” means any ship part, assembly, or support equipment containing a characteristic the failure, malfunction, or absence of which could cause a catastrophic or critical failure resulting in loss of or serious damage to the ship or unacceptable risk of personal injury or loss of life. (3) The term “design control activity”, with respect to an aviation critical safety item or ship critical safety item, means the systems command of a military department that is specifically responsible for ensuring the airworthiness of an aviation system or equipment, or the seaworthiness of a ship or ship equipment, in which such item is to be used.

“appropriate congressional committees” applies in that section

The term “appropriate congressional committees” means— (A) in the case of a covered system included in the National Intelligence Program or the Military Intelligence Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the congressional defense committees; and (B) in the case of a covered system not otherwise included in subparagraph (A), the congressional defense committees.

“covered item of supply” applies in that section

The term “covered item of supply” means an item of information technology (as that term is defined in section 11101 of title 40 ) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system. (7) Appropriate congressional committees .—

“covered procurement” applies in that section

The term “covered procurement” means— (A) a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 3206(a)(3)(B) of this title , or an evaluation factor, as provided in section 3206(b)(1) of this title , relating to supply chain risk; (B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 3406(d)(3) of this title , where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or (C) any contract action involving a contract for a covered …

“covered procurement action” applies in that section

The term “covered procurement action” means any of the following actions, if the action takes place in the course of conducting a covered procurement: (A) The exclusion of a source that fails to meet qualification standards established in accordance with the requirements of section 3243 of this title for the purpose of reducing supply chain risk in the acquisition of covered systems. (B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.

“covered system” applies in that section

The term “covered system” means a national security system, as that term is defined in section 3552(b)(6) of title 44 . (6) Covered item of supply .—

“head of a covered agency” applies in that section

The term “head of a covered agency” means each of the following: (A) The Secretary of Defense. (B) The Secretary of the Army. (C) The Secretary of the Navy. (D) The Secretary of the Air Force. (2) Covered procurement action .—

“supply chain risk” applies in that section

The term “supply chain risk” means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system. (5) Covered system .—

“proposal” applies in that section

the term “proposal” means any proposal, including a technical, management, or cost proposal, submitted by a contractor in response to the requirements of a solicitation for a competitive proposal. (b) Prohibition .— Except as provided in subsection (c), a proposal in the possession or control of an agency named in section 3063 of this title may not be made available to any person under section 552 of title 5 . (c) Inapplicability .— Subsection (b) does not apply to any proposal that is set forth or incorporated by reference in a contract entered into between the Department and the contractor that submitted the proposal.

“covered contract” applies in that section

The term “covered contract” means a cost reimbursement contract for the development of a major system.;

“low-rate initial production” applies in that section

The term “low-rate initial production” has the same meaning as in section 4231 of this title .;

“major system” applies in that section

The term “major system” has the meaning given such term in section 3041 of this title .

“qualifying proposal” applies throughout its chapter

The term “qualifying proposal” means a proposal that contains sufficient information to enable the Department of Defense to conduct a meaningful audit of the information contained in the proposal.

“undefinitized contractual action” applies throughout its chapter

The term “undefinitized contractual action” means a new procurement action entered into by the head of an agency for which the contractual terms, specifications, or price are not agreed upon before performance is begun under the action. Such term does not include contractual actions with respect to the following: (A) Purchases in an amount not in excess of the amount of the simplified acquisition threshold. (B) Special access programs. (C) Congressionally mandated long-lead procurement contracts.;

“delivery order contract” applies throughout its chapter

The term “delivery order contract” means a contract for property— (A) that does not procure or specify a firm quantity of property (other than a minimum or maximum quantity); and (B) that provides for the issuance of orders for the delivery of property during the period of the contract. (2) Task order contract .—

“task order contract” applies throughout its chapter

The term “task order contract” means a contract for services— (A) that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity); and (B) that provides for the issuance of orders for the performance of tasks during the period of the contract.

“advisory and assistance services” applies in that section

the term “advisory and assistance services” has the meaning given such term in section 1105(g) of title 31 . (b) Authority To Award .— (1) Subject to the requirements of this section, section 3406 of this title , and other applicable law, the head of an agency may enter into a task order contract (as defined in section 3401 of this title ) for procurement of advisory and assistance services. (2) The head of an agency may enter into a task order contract for procurement of advisory and assistance services only under the authority of this section.

“agency” applies throughout its chapter

The term “agency” means the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration.

“commercial component” applies throughout its chapter

The terms “commercial product”, “commercial service”, “nondevelopmental item”, “component”, and “commercial component” have the meanings provided in sections 103, 103a, 110, 105, and 102, respectively, of title 41.;

“commercial product” applies throughout its chapter

The terms “commercial product”, “commercial service”, “nondevelopmental item”, “component”, and “commercial component” have the meanings provided in sections 103, 103a, 110, 105, and 102, respectively, of title 41.;

“commercial service” applies throughout its chapter

The terms “commercial product”, “commercial service”, “nondevelopmental item”, “component”, and “commercial component” have the meanings provided in sections 103, 103a, 110, 105, and 102, respectively, of title 41.;

“component” applies throughout its chapter

The terms “commercial product”, “commercial service”, “nondevelopmental item”, “component”, and “commercial component” have the meanings provided in sections 103, 103a, 110, 105, and 102, respectively, of title 41.;

“head of an agency” applies throughout its chapter

The term “head of an agency” means the Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the National Aeronautics and Space Administration.;

“nondevelopmental item” applies throughout its chapter

The terms “commercial product”, “commercial service”, “nondevelopmental item”, “component”, and “commercial component” have the meanings provided in sections 103, 103a, 110, 105, and 102, respectively, of title 41.;

“subcontract” applies in that section

the term “subcontract”— (A) includes a transfer of commercial products and commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor; and (B) does not include any agreement entered into by a contractor or subcontractor for the supply of products or services that are intended for use in the performance of multiple contracts with the Department of Defense or with other parties, and that are not identifiable to any particular contract.

“agency procurement total” applies in that section

The term “agency procurement total” means the procurement accounts of the agency entering into a multiyear procurement contract (or contract extension) treated in the aggregate. (m) Increased Funding and Reprogramming Requests .— Any request for increased funding for the procurement of a major system under a multiyear contract authorized under this section shall be accompanied by an explanation of how the request for increased funding affects the determinations made by the Secretary under subsection (i).

“applicable procurement account” applies in that section

The term “applicable procurement account” means, with respect to a multiyear procurement contract (or contract extension), the appropriation account from which payments to execute the contract will be made.;

“military installation” applies in that section

the term “military installation” has the meaning given such term in section 2801(c)(4) of this title .

“cyber attack” applies in that section

the term “cyber attack” means a deliberate action to alter, disrupt, deceive, degrade, or destroy computer systems or networks or the information or programs resident in or transiting these systems or networks.

“rapid acquisition pathway” applies in that section

the term “rapid acquisition pathway” means the rapid prototyping or the rapid fielding acquisition pathway authorized under section 3602 of this title . (b) Matters to Be Included .— The procedures prescribed under subsection (a) shall include the following: (1) A process for streamlined communications between the Chairman of the Joint Chiefs of Staff, the acquisition community, and the research and development community, including— (A) a process for the commanders of the combatant commands and the Chairman of the Joint Chiefs of Staff to communicate their needs to the acquisition community and the research and development community; and (B) a process for the acquisition community and the …

“covered hardware” applies in that section

The term “covered hardware” means hardware— (A) that is a commercial product (as defined in section 103 of title 41 ) or a nondevelopmental item; and (B) in which software acquired under this section is embedded.;

“nondevelopmental item” applies in that section

The term “nondevelopmental item” has the meaning given in section 110 of title 41 .

“consumption-based solution” applies in that section

the term “consumption-based solution” means a model under which a service is provided to the Department of Defense and may utilize any combination of software, hardware or equipment, data, and labor or services that provides a capability that is metered and billed based on actual usage at fixed-price units. (e) Rule of Construction .— Nothing in this section shall be construed to prohibit the use of the authority created under this section in combination with another contract type provided for under the Department of Defense Supplement to the Federal Acquisition Regulation.

“long-term lease or charter” applies throughout its chapter

the term “long-term lease or charter” means a lease, charter, service contract, or conditional sale agreement— (i) the term of which is for a period of three years or longer; or (ii) the initial term of which is for a period of less than three years but which contains an option to renew or extend the agreement for a period which, when added to the initial term (or any previous renewal or extension), is three years or longer.

“cost or pricing data” applies throughout its chapter

The term “cost or pricing data” means all facts that, as of the date of agreement on the price of a contract (or the price of a contract modification), or, if applicable consistent with section 3706(a)(2) of this title , another date agreed upon between the parties, a prudent buyer or seller would reasonably expect to affect price negotiations significantly. Such term does not include information that is judgmental, but does include the factual information from which a judgment was derived. (2) Subcontract .—

“subcontract” applies throughout its chapter

The term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or a subcontractor.

“covered goods and services” applies in that section

the term “covered goods and services” means, with respect to an offeror for a subcontract (at any tier), the goods and services such offeror would provide under such subcontract. (4) Subcontractor .— The subcontractor for a subcontract covered by paragraph (3) shall be required to submit cost or pricing data before the pricing of a change or modification to the subcontract if the price adjustment is expected to exceed $2,000,000.

“agency” applies throughout its subchapter

The term “agency” means the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration.

“covered contract” applies throughout its subchapter

The term “covered contract” means a contract for an amount in excess of $500,000 that is entered into by the head of an agency, except that such term does not include a fixed-price contract without cost incentives or any firm fixed-price contract for the purchase of commercial products or commercial services. (3) Fiscal year .—

“fiscal year” applies throughout its subchapter

The term “fiscal year” means a fiscal year established by a contractor for accounting purposes. (4) Head of the agency .— The term “head of the agency” or “agency head” does not include the Secretary of a military department. (5) Agency .—

“mandated foreign national severance pay” applies in that section

The term “mandated foreign national severance pay” means severance pay paid by a contractor to a foreign national employee the payment of which by the contractor is required in order to comply with a law that is generally applicable to a significant number of businesses in the country in which the foreign national receiving the payment performed services under the contract. (3) Exception for foreign-owned financial institutions .— Paragraph (1) does not apply to a contract with a financial institution that is owned or controlled by citizens or nationals of a foreign country, as determined by the Secretary of Defense.

“military banking contract” applies in that section

The term “military banking contract” means a contract between the Secretary and a financial institution under which the financial institution operates a military banking facility outside the United States for use by members of the armed forces stationed or deployed outside the United States and other authorized personnel. (B) Mandated foreign national severance pay .—

“proceeding” applies in that section

The term “proceeding” includes an investigation. (b) In General .— Except as otherwise provided in this section, costs incurred by a contractor or subcontractor, or personal services contractor in connection with any criminal, civil, or administrative proceeding commenced by the United States, by a State, or by a contractor or subcontractor, or personal services contractor employee submitting a complaint under section 4701 of this title are not allowable as reimbursable costs under a covered contract, subcontract, or personal services contract if the proceeding— (1) relates to a violation of, or failure to comply with, a Federal or State statute or regulation or to any other activity …

“business combination” applies in that section

the term “business combination” includes a merger or acquisition.

“covered Government support contractor” applies throughout its subchapter

the term “covered Government support contractor” means a contractor under a contract the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), which contractor— (1) is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and …

“major system component” applies throughout its subchapter

the terms “major system component”, “modular system interface”, and “modular open system approach” have the meanings provided in section 4401 of this title .

“modular open system approach” applies throughout its subchapter

the terms “major system component”, “modular system interface”, and “modular open system approach” have the meanings provided in section 4401 of this title .

“modular system interface” applies throughout its subchapter

the terms “major system component”, “modular system interface”, and “modular open system approach” have the meanings provided in section 4401 of this title .

“commercially utilized acquisition strategy” applies in that section

The term “commercially utilized acquisition strategy” means an acquisition of a service by the head of an agency under terms and conditions that— (A) are similar to the terms and conditions under which such service is available to the public; and (B) provide such service— (i) as a consumption-based solution (as defined in section 3605 of this title ); or (ii) under a technology subscription model or other model based on predetermined pricing for access to such service.;

“covered service” applies in that section

The term “covered service” means a commercial service that includes access to or use of any combination of hardware, equipment, software, labor, or services, including access to commercial satellite data and associated services, that is integrated to provide a capability.

“records” applies in that section

the term “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

“commercial auditor” applies in that section

The term “commercial auditor” means a private entity engaged in the business of performing audits.;

“flexibly priced contract” applies in that section

The term “flexibly priced contract” has the meaning given the term “flexibly-priced contracts and subcontracts” in part 30 of the Federal Acquisition Regulation (section 30.001 of title 48, Code of Federal Regulations).;

“generally accepted government auditing standards” applies in that section

The term “generally accepted government auditing standards” means the generally accepted government auditing standards of the Comptroller General of the United States.;

“incurred cost audit” applies in that section

The term “incurred cost audit” means an audit of charges to the Government by a contractor under a flexibly priced contract.;

“numeric materiality standard” applies in that section

The term “numeric materiality standard” means a dollar amount of misstatements, including omissions, contained in an incurred cost audit that would be material if the misstatements, individually or in the aggregate, could reasonably be expected to influence the economic decisions of the Government made on the basis of the incurred cost audit.;

“qualified incurred cost submission” applies in that section

The term “qualified incurred cost submission” means a submission by a contractor of costs incurred under a flexibly priced contract that has been qualified by the Department of Defense as sufficient to conduct an incurred cost audit.;

“qualified private auditor” applies in that section

The term “qualified private auditor” means a commercial auditor— (A) that performs audits in accordance with generally accepted government auditing standards; and (B) that has received a passing peer review rating, as defined by generally accepted government auditing standards.

“incurred cost audit” applies in that section

The terms “incurred cost audit” and “qualified incurred cost submission” have the meaning given those terms in section 3842 of this title .;

“qualified incurred cost submission” applies in that section

The terms “incurred cost audit” and “qualified incurred cost submission” have the meaning given those terms in section 3842 of this title .;

“sustained questioned costs” applies in that section

The term “sustained questioned costs” means questioned costs that were recovered by the Federal Government as a result of contract negotiations related to such questioned costs.

“defense audit agency” applies in that section

the term “defense audit agency” means the Defense Contract Audit Agency and the Defense Contract Management Agency.

“Changes clause” applies in that section

The term “Changes clause” means the clause described in part 52.243–4 of the Federal Acquisition Regulation or any successor regulation.;

“covered clause” applies in that section

The term “covered clause” means any clause implementing the requirements of an Executive order issued by the President.

“simplified acquisition threshold” applies in that section

The term “simplified acquisition threshold” has the meaning given that term in section 134 of title 41 .;

“classified contract” applies in that section

The term “classified contract” means a contract the performance of which requires a contractor performing under such contract, or an employee of such contractor, to have access to classified information.;

“covered contract” applies in that section

The term “covered contract” means a classified, fixed-price type contract for the acquisition of a product entered into by the Department of Defense after the enactment of this Act.;

“work in process” applies in that section

The term “work in process” means an item at any stage of production or manufacture at any time from the initiation of contract performance until delivery to and acceptance by the Government.;

“workmanship error” applies in that section

The term “workmanship error” means damage to work in process that is a result of an incorrectly performed skill-based task, operation, or action that was originally planned or intended.

“Indian” applies in that section

The term “Indian” has the meaning given that term by section 4(d) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(d) ).;

“Indian lands” applies in that section

The term “Indian lands” has the meaning given that term by section 4(4) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703(4) ).;

“Indian tribe” applies in that section

The term “Indian tribe” has the meaning given that term by section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ).;

“tribally owned corporation” applies in that section

The term “tribally owned corporation” means a corporation owned entirely by an Indian tribe.

“qualified nonprofit agency for the blind or other severely handicapped” applies in that section

The term “qualified nonprofit agency for the blind or other severely handicapped” means— (A) a qualified nonprofit agency for the blind, as defined in section 8501(7) of title 41 ; (B) a qualified nonprofit agency for other severely disabled, as defined in section 8501(6) of title 41 ; and (C) a central nonprofit agency designated by the Committee for Purchase from People Who Are Blind or Severely Disabled under section 8503(c) of title 41 .

“small business subcontracting plan” applies in that section

The term “small business subcontracting plan” means a plan negotiated pursuant to section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) that establishes a goal for the participation of small business concerns as subcontractors under a contract.;

“competitive procedures” applies in that section

The term “competitive procedures” has the meaning given such term in section 3012 of this title .;