r/title-41-PUBLIC-CONTRACTS wiki — defined terms
The statute’s own glossary: every term Title 41 defines, in section order.
“Administrator” applies in that section
the term “Administrator” means the Administrator for Federal Procurement Policy appointed under section 1102 of this title .
“commercial component” applies in that section
the term “commercial component” means a component that is a commercial product.
“commercial product” applies in that section
the term “commercial product” means any of the following: (1) A product, other than real property, that— (A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and (B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. (2) A product that— (A) evolved from a product described in paragraph (1) through advances in technology or performance; and (B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation.
“commercial service” applies in that section
the term “commercial service” means any of the following: (1) Installation services, maintenance services, repair services, training services, and other services if— (A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and (B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government; (2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace— (A) based on established catalog or market prices; (B) …
“commercially available off-the-shelf item” applies in that section
the term “commercially available off-the-shelf item”— (1) means an item that— (A) is a commercial product (as described in section 103(1) of this title ); (B) is sold in substantial quantities in the commercial marketplace; and (C) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace; but (2) does not include bulk cargo, as defined in section 40102(4) of title 46 , such as agricultural products and petroleum products.
“component” applies in that section
the term “component” means an item supplied to the Federal Government as part of an end item or of another component.
“Federal Acquisition Regulation” applies in that section
the term “Federal Acquisition Regulation” means the regulation issued under section 1303(a)(1) of this title .
“major system” applies in that section
the term “major system” means a combination of elements that will function together to produce the capabilities required to fulfill a mission need. These elements may include hardware, equipment, software, or a combination of hardware, equipment, and software, but do not include construction or other improvements to real property.
“nondevelopmental item” applies in that section
the term “nondevelopmental item” means— (1) a commercial product; (2) a previously developed item of supply that is in use by a department or agency of the Federal Government, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement; (3) an item of supply described in paragraph (1) or (2) that requires only minor modification or modification of the type customarily available in the commercial marketplace to meet the requirements of the procuring department or agency; or (4) an item of supply currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item is not yet in use.
“procurement” applies in that section
the term “procurement” includes all stages of the process of acquiring property or services, beginning with the process for determining a need for property or services and ending with contract completion and closeout.
“procurement system” applies in that section
the term “procurement system” means the integration of the procurement process, the professional development of procurement personnel, and the management structure for carrying out the procurement function.
“responsible source” applies in that section
the term “responsible source” means a prospective contractor that— (1) has adequate financial resources to perform the contract or the ability to obtain those resources; (2) is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and Government business commitments; (3) has a satisfactory performance record; (4) has a satisfactory record of integrity and business ethics; (5) has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain the organization, experience, controls, and skills; (6) has the necessary production, construction, and technical …
“standards” applies in that section
the term “standards” means the criteria for determining the effectiveness of the procurement system by measuring the performance of the various elements of the system.
“supplies” applies in that section
the term “supplies” has the same meaning as the terms “item” and “item of supply”.
“technical data” applies in that section
the term “technical data”— (1) 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; but (2) does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration.
“acquisition” applies in that section
the term “acquisition”— (1) means the process of acquiring, with appropriated amounts, by contract for purchase or lease, property or services (including construction) that support the missions and goals of an executive agency, from the point at which the requirements of the executive agency are established in consultation with the chief acquisition officer of the executive agency; and (2) includes— (A) the process of acquiring property or services that are already in existence, or that must be created, developed, demonstrated, and evaluated; (B) the description of requirements to satisfy agency needs; (C) solicitation and selection of sources; (D) award of contracts; (E) contract …
“competitive procedures” applies in that section
the term “competitive procedures” means procedures under which an agency enters into a contract pursuant to full and open competition.
“executive agency” applies in that section
the term “executive agency” means— (1) an executive department specified in section 101 of title 5 ; (2) a military department specified in section 102 of title 5 ; (3) an independent establishment as defined in section 104(1) of title 5 ; and (4) a wholly owned Government corporation fully subject to chapter 91 of title 31.
“simplified acquisition threshold” applies in that section
the term “simplified acquisition threshold” means $250,000.
“agency head” applies in that section
the term “agency head” means the head or any assistant head of an executive agency, and may at the option of the Administrator of General Services include the chief official of any principal organizational unit of the General Services Administration.
“competitive procedures” applies in that section
the term “competitive procedures” means procedures under which an executive agency enters into a contract pursuant to full and open competition. The term also includes— (1) procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40; (2) the competitive selection of basic research proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of those proposals; (3) the procedures established by the Administrator of General Services for the multiple awards schedule program of the General Services Administration if— (A) participation in the program has been open to all responsible sources; and (B) orders …
“humanitarian or peacekeeping operation” applies in that section
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 in that section
the term “simplified acquisition threshold” has the meaning provided that term in section 134 of this title , except that, in the case of a contract to be awarded and performed, or purchase to be made, outside the United States in support of a humanitarian or peacekeeping operation, the term means an amount equal to two times the amount specified for that term in section 134 of this title . (2) Definition .— In paragraph (1),
“fiscal year” applies in that section
The term “fiscal year” means a fiscal year a contractor establishes for accounting purposes. (5) Publicly-owned united states corporation .—
“publicly-owned United States corporation” applies in that section
The term “publicly-owned United States corporation” means a corporation— (A) organized under the laws of a State of the United States, the District of Columbia, Puerto Rico, or a possession of the United States; and (B) whose voting stock is publicly traded. (6) Senior executives .— The term “senior executives”, with respect to a contractor, means the 5 most highly compensated employees in management positions at each home office and each segment of the contractor.
“Council” applies throughout its subchapter
the term “Council” means the Federal Acquisition Regulatory Council established under section 1302(a) of this title .
“appropriate congressional committees and leadership” applies throughout its subchapter
The term “appropriate congressional committees and leadership” means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the majority and minority leader of the Senate; and (B) the Committee on Oversight and Government Reform, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, the Permanent Select Committee on Intelligence, and the Speaker and minority leader of the …
“Council” applies throughout its subchapter
The term “Council” means the Federal Acquisition Security Council established under section 1322(a) of this title . (3) Covered article .—
“covered article” applies throughout its subchapter
The term “covered article” has the meaning given that term in section 4713 of this title . (4) Covered procurement action .—
“covered procurement action” applies throughout its subchapter
The term “covered procurement action” has the meaning given that term in section 4713 of this title . (5) Information and communications technology .—
“information and communications technology” applies throughout its subchapter
The term “information and communications technology” has the meaning given that term in section 4713 of this title . (6) Intelligence community .—
“intelligence community” applies throughout its subchapter
The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (7) National security system .—
“national security system” applies throughout its subchapter
The term “national security system” has the meaning given that term in section 3552 of title 44 . (8) Supply chain risk .—
“supply chain risk” applies throughout its subchapter
The term “supply chain risk” has the meaning given that term in section 4713 of this title .
“classified information” applies in that section
the term “classified information”— (1) has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); and (2) includes— (A) any information or material that has been determined by the United States Government pursuant to an Executive order, statute, or regulation to require protection against unauthorized disclosure for reasons of national security; and (B) any restricted data, as defined in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ).
“covered contract” applies in that section
the term “covered contract” means a contract that is subject to the cost accounting standards issued pursuant to section 1502 of this title .
“subcontract” applies in that section
the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor. (B) When standards are to be used .— Cost accounting standards prescribed under this chapter are mandatory for use by all executive agencies and by contractors and subcontractors in estimating, accumulating, and reporting costs in connection with the pricing and administration of, and settlement of disputes concerning, all negotiated prime contract and subcontract procurements with the Federal Government in excess 1 $35,000,000, as adjusted in accordance with applicable requirements of law, including requirements relating …
“overseas contingency operations” applies in that section
the term “overseas contingency operations” means military operations outside the United States and its territories and possessions that are a contingency operation (as that term is defined in section 101(a)(13) of title 10 ).
“Associate Administrator” applies in that section
The term “Associate Administrator” means the Associate Administrator for Acquisition Workforce Programs as designated by the Administrator pursuant to subsection (b). (2) Chief Acquisition Officer .—
“Chief Acquisition Officer” applies in that section
The term “Chief Acquisition Officer” means a Chief Acquisition Officer for an executive agency appointed pursuant to section 1702 of this title . (b) Associate Administrator for Acquisition Workforce Programs .— The Administrator shall designate a member of the Senior Executive Service as the Associate Administrator for Acquisition Workforce Programs. The Associate Administrator shall be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management. The Associate Administrator shall be located in the Office of Federal Procurement Policy.
“qualified HUBZone small business concern” applies in that section
The term “qualified HUBZone small business concern” has the meaning given that term in section 31(b) of the Small Business Act. (2) Small business concern owned and controlled by socially and economically disadvantaged individuals .—
“small business concern owned and controlled by women” applies in that section
The term “small business concern owned and controlled by women” has the meaning given that term in section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) and section 204 of the Women’s Business Ownership Act of 1988 ( Public Law 100–533 , 102 Stat. 2692 ). (b) Reporting .— Each Federal agency shall report to the Office of Federal Procurement Policy the number of qualified HUBZone small business concerns, the number of small businesses owned and controlled by women, and the number of small business concerns owned and controlled by socially and economically disadvantaged individuals, by gender, that are first time recipients of contracts from the agency.
“simplified acquisition threshold” applies in that section
the term “simplified acquisition threshold” means— (A) $750,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $1,500,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; and (3) the $5,000,000 limitation in sections 1901(a)(2) and 3305(a)(2) of this title and section 3205(a)(2) of title 10 is deemed to be $10,000,000.
“Council” applies in that section
the term “Council” has the meaning given that term in section 1301 of this title . (b) Inclusion in Federal Acquisition Regulation.— (1) In general .— The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts or subcontracts in amounts not greater than the simplified acquisition threshold. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts or subcontracts in amounts not greater than the simplified acquisition threshold that are made by an executive agency.
“Council” applies in that section
the term “Council” has the meaning given that term in section 1301 of this title . (b) Contracts.— (1) Inclusion in federal acquisition regulation .— The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercial products or commercial services. A provision of law properly included on the list pursuant to paragraph (2) does not apply to purchases of commercial products or commercial services by an executive agency. This section does not render a provision of law not included on the list inapplicable to contracts for the procurement of commercial products or commercial services.
“subcontract” applies in that section
the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor. The term does not include agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple contracts with the Federal Government and other parties and are not identifiable to any particular contract. (2) Inclusion in federal acquisition regulation .— The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to subcontracts under a contract or subcontract for the procurement of commercial products or commercial services.
“Council” applies in that section
the term “Council” has the meaning given that term in section 1301 of this title . (b) Application.— (1) In general .— Except as provided in paragraph (2), the requirement for adjustment under subsection (c) applies to a dollar threshold that is specified in law as a factor in defining the scope of the applicability of a policy, procedure, requirement, or restriction provided in that law to the procurement of property or services by an executive agency, as the Council determines.
“contracting officer” applies throughout its chapter
The term “contracting officer” means an individual who, by appointment in accordance with applicable regulations, has the authority to enter into a Federal agency procurement contract on behalf of the Government and to make determinations and findings with respect to the contract. (2) Contractor bid or proposal information .—
“contractor bid or proposal information” applies throughout its chapter
The term “contractor bid or proposal information” means any of the following information submitted to a Federal agency as part of, or in connection with, a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly: (A) Cost or pricing data (as defined in section 3701 of title 10 with respect to procurements subject to that section and section 3501(a) of this title with respect to procurements subject to that section). (B) Indirect costs and direct labor rates.
“Federal agency” applies throughout its chapter
The term “Federal agency” has the meaning given that term in section 102 of title 40 . (4) Federal agency procurement .—
“Federal agency procurement” applies throughout its chapter
The term “Federal agency procurement” means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. (5) Official .—
“official” applies throughout its chapter
The term “official” means— (A) an officer, as defined in section 2104 of title 5 ; (B) an employee, as defined in section 2105 of title 5 ; and (C) a member of the uniformed services, as defined in section 2101(3) of title 5 . (6) Protest .—
“protest” applies throughout its chapter
The term “protest” means a written objection by an interested party to the award or proposed award of a Federal agency procurement contract, pursuant to subchapter V of chapter 35 of title 31. (7) Source selection information .—
“source selection information” applies throughout its chapter
The term “source selection information” means any of the following information prepared for use by a Federal agency to evaluate a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly: (A) Bid prices submitted in response to a Federal agency solicitation for sealed bids, or lists of those bid prices before public bid opening. (B) Proposed costs or prices submitted in response to a Federal agency solicitation, or lists of those proposed costs or prices. (C) Source selection plans. (D) Technical evaluation plans. (E) Technical evaluations of proposals.
“electronic commerce” applies in that section
the term “electronic commerce” means electronic techniques for accomplishing business transactions, including electronic mail or messaging, World Wide Web technology, electronic bulletin boards, purchase cards, electronic funds transfers, and electronic data interchange. (b) Establishment, Maintenance, and Use of Electronic Commerce Procedures and Processes .— The head of each executive agency, after consulting with the Administrator, shall establish, maintain, and use, to the maximum extent that is practicable and cost-effective, procedures and processes that employ electronic commerce in the conduct and administration of the procurement system of the agency.
“relevant acquisition function” applies in that section
the term “relevant acquisition function” means an acquisition function closely associated with inherently governmental functions. (b) Policy on Personal Conflicts of Interest by Contractor Employees.— (1) Development and issuance of policy .— The Administrator shall develop and issue a standard policy to prevent personal conflicts of interest by contractor employees performing relevant acquisition functions (including the development, award, and administration of Federal Government contracts) for or on behalf of a Federal agency or department.
“Corps” applies in that section
the term “Corps” means the Contingency Contracting Corps established in subsection (b). (b) Establishment .— The Administrator of General Services, pursuant to policies established by the Office of Management and Budget, and in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall establish a Government-wide Contingency Contracting Corps. (c) Function .— The members of the Corps shall be available for deployment in responding to an emergency or major disaster, or a contingency operation, both within or outside the continental United States.
“beneficial ownership” applies in that section
The term “beneficial ownership” has the meaning given under section 847 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1505 ; 10 U.S.C. 2509 note). (B) Corporation .—
“corporation” applies in that section
The term “corporation” means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity. (e) Use of Database.— (1) Availability to government officials .— The Administrator of General Services shall ensure that the information in the database is available to appropriate acquisition officials of Federal agencies, other government officials as the Administrator of General Services determines appropriate, and, on request, the Chairman and Ranking Member of the committees of Congress having jurisdiction.
“executive agency” applies in that section
The term “executive agency” has the same meaning given in section 133 of this title . (2) Individual purchase .—
“individual purchase” applies in that section
The term “individual purchase” means a task order, delivery order, or other purchase. (3) Multiple award contract .—
“multiple award contract” applies in that section
The term “multiple award contract” means— (A) a contract that is entered into by the Administrator of General Services under the multiple award schedule program referred to in section 3012(3) of title 10 ; (B) a multiple award task order contract that is entered into under the authority of chapter 245 of title 10 or chapter 41 of this title; and (C) any other indefinite delivery, indefinite quantity contract that is entered into by the head of an executive agency with 2 or more sources pursuant to the same solicitation. (4) Sole source task or delivery order .—
“sole source task or delivery order” applies in that section
The term “sole source task or delivery order” means any order that does not follow the competitive procedures in paragraph (2) or (3) of subsection (c). (b) Regulations Required .— The Federal Acquisition Regulation shall require enhanced competition in the purchase of property and services by all executive agencies pursuant to multiple award contracts.
“executive agency” applies in that section
the term “executive agency” has the meaning given that term in section 133 of this title . (2) Federal acquisition regulation to allow telecommuting .— The Federal Acquisition Regulation issued in accordance with sections 1121(b) and 1303(a)(1) of this title shall permit telecommuting by employees of Federal Government contractors in the performance of contracts entered into with executive agencies.
“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; (C) meets all technical requirements; and (D) is otherwise eligible for award. (d) Additional Information in Solicitation .— This section does not prohibit an executive agency from— (1) providing additional information in a solicitation, including numeric weights for all evaluation factors and subfactors on a case-by-case basis; or (2) stating in a solicitation that award will be made to the offeror that meets the solicitation’s mandatory requirements at the lowest cost or price.
“subcontract” applies in that section
the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor. (B) List of clauses to be included .— The regulations prescribed under paragraph (1) shall contain a list of contract clauses to be included in contracts for the acquisition of end items that are commercial products.
“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 Enforcing Qualification Requirement .— Except as provided in subsection (c), the head of an agency, before enforcing any qualification requirement, shall— (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 on request all requirements that a prospective offeror, or its product, must satisfy to …
“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 3506(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. The term does not include information that is judgmental, but does include 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. (b) Regulations.— (1) Minimizing abuse of commercial services authority .— The Federal Acquisition Regulation shall ensure that services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in the commercial marketplace, may be treated as commercial services for purposes of this chapter only if the contracting officer determines in writing that the offeror has submitted sufficient information to …
“covered contract” applies in that section
the term “covered contract” means any contract in an amount greater than $5,000,000 and more than 120 days in duration. (b) Federal Acquisition Regulation .— The Federal Acquisition Regulation shall include, pursuant to FAR Case 2007–006 (as published at 72 Fed. Reg. 64019, November 14, 2007 ) or any follow-on FAR case, provisions that require timely notification by Federal contractors of violations of Federal criminal law or overpayments in connection with the award or performance of covered contracts or subcontracts, including those performed outside the United States and those for commercial products or commercial services.
“executive agency” applies in that section
the term “executive agency” has the same meaning given in section 133 of this title . (b) Regulations on the Use of Cost-Reimbursement Contracts .— The Federal Acquisition Regulation shall address the use of cost-reimbursement contracts. (c) Content .— The regulations promulgated under subsection (b) shall include guidance regarding— (1) when and under what circumstances cost-reimbursement contracts are appropriate; (2) the acquisition plan findings necessary to support a decision to use cost-reimbursement contracts; and (3) the acquisition workforce resources necessary to award and manage cost-reimbursement contracts.
“delivery order contract” applies throughout its chapter
The term “delivery order contract” means a contract for property that— (A) does not procure or specify a firm quantity of property (other than a minimum or maximum quantity); and (B) 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 that— (A) does not procure or specify a firm quantity of services (other than a minimum or maximum quantity); and (B) 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 same meaning given that term in section 1105(g) of title 31 . (b) Authority To Award.— (1) In general .— Subject to the requirements of this section, section 4106 of this title , and other applicable law, the head of an executive agency may enter into a task order contract for procurement of advisory and assistance services. (2) Only under this section .— The head of an executive agency may enter into a task order contract for advisory and assistance services only under this section.
“covered contract” applies throughout its chapter
The term “covered contract” means a contract for an amount in excess of $500,000 that is entered into by an executive agency, except that the 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 chapter
The term “fiscal year” means a fiscal year established by a contractor for accounting purposes. (4) Senior executive .— The term “senior executive”, with respect to a contractor, means the 5 most highly compensated employees in management positions at each home office and each segment of the contractor.
“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, subcontractor, or personal services contractor in connection with a criminal, civil, or administrative proceeding commenced by the Federal Government, by a State, or by a contractor, subcontractor, or personal services contractor or grantee employee submitting a complaint under section 4712 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 …
“proposal” applies in that section
the term “proposal” means a 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 .— A proposal in the possession or control of an executive agency may not be made available to any person under section 552 of title 5 . (c) Nonapplication .— Subsection (b) does not apply to a proposal that is set forth or incorporated by reference in a contract entered into between the agency and the contractor that submitted the proposal.
“contract” applies in that section
The term “contract” means a contract awarded by the head of an executive agency. (2) Contractor .—
“contractor” applies in that section
The term “contractor” means a person awarded a contract with an executive agency. (3) Inspector general .—
“Inspector General” applies in that section
The term “Inspector General” means an Inspector General appointed under chapter 4 of title 5. (b) Prohibition of Reprisals .— An employee of a contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a Member of Congress or an authorized official of an executive agency or the Department of Justice information relating to a substantial violation of law related to a contract (including the competition for, or negotiation of, a contract).
“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 the items are in written form, in the form of computer data, or in any other form.
“executive agency” applies in that section
the term “executive agency” has the same meaning given in section 133 of this title . (b) Regulations .— For executive agencies other than the Department of Defense, the Federal Acquisition Regulation shall— (1) require contractors to minimize the excessive use of subcontractors, or of tiers of subcontractors, that add no or negligible value; and (2) ensure that neither a contractor nor a subcontractor receives indirect costs or profit on work performed by a lower-tier subcontractor to which the higher-tier contractor or subcontractor adds no or negligible value (but not to limit charges for indirect costs and profit based on the direct costs of managing lower-tier subcontracts).
“executive agency” applies in that section
the term “executive agency” has the same meaning given in section 133 of this title . (b) Guidance for Executive Agencies on Linking of Award and Incentive Fees to Acquisition Outcomes .— The Federal Acquisition Regulation shall provide executive agencies other than the Department of Defense with instructions, including definitions, on the appropriate use of award and incentive fees in Federal acquisition programs.
“abuse of authority” applies in that section
The term “abuse of authority” means an arbitrary and capricious exercise of authority that is inconsistent with the mission of the executive agency concerned or the successful performance of a contract or grant of such agency.;
“Inspector General” applies in that section
The term “Inspector General” means an Inspector General appointed under chapter 4 of title 5 and any Inspector General that receives funding from, or has oversight over contracts or grants awarded for or on behalf of, the executive agency concerned. (h) Construction .— Nothing in this section, or the amendments made by this section, 1 shall be construed to provide any rights to disclose classified information not otherwise provided by law.
“appropriate congressional committees and leadership” applies in that section
The term “appropriate congressional committees and leadership” means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the majority and minority leader of the Senate; and (B) the Committee on Oversight and Government Reform, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, the Permanent Select Committee on Intelligence, and the Speaker and minority leader of the …
“covered article” applies in that section
The term “covered article” means— (A) information technology, as defined in section 11101 of title 40 , including cloud computing services of all types; (B) telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); (C) the processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program; or (D) hardware, systems, devices, software, or services that include embedded or incidental information technology. (3) Covered procurement .—
“covered procurement” applies in that section
The term “covered procurement” means— (A) a source selection for a covered article involving either a performance specification, as provided in subsection (a)(3)(B) of section 3306 of this title , or an evaluation factor, as provided in subsection (b)(1)(A) of such section, relating to a supply chain risk, or where supply chain risk considerations are included in the agency’s determination of whether a source is a responsible source as defined in section 113 of this title ; (B) the consideration of proposals for and issuance of a task or delivery order for a covered article, as provided in section 4106(d)(3) of this title , where the task or delivery order contract includes a contract …
“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 requirements established under section 3311 of this title for the purpose of reducing supply chain risk in the acquisition or use of covered articles. (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.
“information and communications technology” applies in that section
The term “information and communications technology” means— (A) information technology, as defined in section 11101 of title 40 ; (B) information systems, as defined in section 3502 of title 44 ; and (C) telecommunications equipment and telecommunications services, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). (6) Supply chain risk .—
“supply chain risk” applies in that section
The term “supply chain risk” means the risk that any person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles so as to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles. (7) Executive agency .— Notwithstanding section 3101(c)(1), this section applies to the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration.
“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 .
“appropriation” applies in that section
The term “appropriation” includes amounts made available by legislation under section 9104 of title 31 . (2) Federal government .—
“Federal Government” applies in that section
The term “Federal Government” includes the government of the District of Columbia. (b) Purchases.— (1) In general .— Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Federal Government may be made or entered into only after advertising for proposals for a sufficient time.
“defined Secretary” applies in that section
the term “defined Secretary” means— (A) the Secretary of Defense; or (B) the Secretary of Homeland Security with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy. (2) In general .— Subsection (a) does not apply to a contract or purchase made by a defined Secretary for clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital supplies. (3) Current year limitation .— A contract or purchase made by a defined Secretary under this subsection may not exceed the necessities of the current year. (4) Reports .— The defined Secretary shall immediately advise Congress when authority is exercised under this subsection.
“agency” applies in that section
The term “agency” has the meaning given the term “executive agency” in section 102 of title 40 . (2) Simplified acquisition threshold .—
“simplified acquisition threshold” applies in that section
The term “simplified acquisition threshold” has the meaning given that term in section 134.
“agency of the United States” applies throughout its chapter
The term “agency of the United States” means an executive department, independent establishment, or other agency or instrumentality of the United States, the District of Columbia, or a corporation in which all stock is beneficially owned by the Federal Government. (2) Person .—
“person” applies throughout its chapter
The term “person” includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers. (3) Secretary .—
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Labor.
“compensation” applies throughout its chapter
The term “compensation” means any of the payments or fringe benefits described in section 6703 of this title . (2) Secretary .—
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Labor. (3) Service employee .—
“service employee” applies throughout its chapter
The term “service employee”— (A) means an individual engaged in the performance of a contract made by the Federal Government and not exempted under section 6702(b) of this title , whether negotiated or advertised, the principal purpose of which is to furnish services in the United States; (B) includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor; but (C) does not include an individual employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations. (4) United states .—
“United States” applies throughout its chapter
The term “United States”— (A) includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. § 1331 et seq.), American Samoa, Guam, Wake Island, and Johnston Island; but (B) does not include any other territory under the jurisdiction of the United States or any United States base or possession within a foreign country.
“Administrator” applies throughout its chapter
The term “Administrator” means the Administrator for Federal Procurement Policy appointed pursuant to section 1102 of this title . (2) Agency board or agency board of contract appeals .—
“agency board” applies throughout its chapter
The term “agency board” or “agency board of contract appeals” means— (A) the Armed Services Board; (B) the Civilian Board; (C) the board of contract appeals of the Tennessee Valley Authority; or (D) the Postal Service Board established under section 7105(d)(1) of this title . (3) Agency head .—
“agency board of contract appeals” applies throughout its chapter
The term “agency board” or “agency board of contract appeals” means— (A) the Armed Services Board; (B) the Civilian Board; (C) the board of contract appeals of the Tennessee Valley Authority; or (D) the Postal Service Board established under section 7105(d)(1) of this title . (3) Agency head .—
“agency head” applies throughout its chapter
The term “agency head” means the head and any assistant head of an executive agency. The term may include the chief official of a principal division of an executive agency if the head of the executive agency so designates that chief official. (4) Armed services board .—
“Armed Services Board” applies throughout its chapter
The term “Armed Services Board” means the Armed Services Board of Contract Appeals established under section 7105(a)(1) of this title . (5) Civilian board .—
“Civilian Board” applies throughout its chapter
The term “Civilian Board” means the Civilian Board of Contract Appeals established under section 7105(b)(1) of this title . (6) Contracting officer .—
“contracting officer” applies throughout its chapter
The term “contracting officer”— (A) means an individual who, by appointment in accordance with applicable regulations, has the authority to make and administer contracts and to make determinations and findings with respect to contracts; and (B) includes an authorized representative of the contracting officer, acting within the limits of the representative’s authority. (7) Contractor .—
“contractor” applies throughout its chapter
The term “contractor” means a party to a Federal Government contract other than the Federal Government. (8) Executive agency .—
“executive agency” applies throughout its chapter
The term “executive agency” means— (A) an executive department as defined in section 101 of title 5 ; (B) a military department as defined in section 102 of title 5 ; (C) an independent establishment as defined in section 104 of title 5 , except that the term does not include the Government Accountability Office; and (D) a wholly owned Government corporation as defined in section 9101(3) of title 31 . (9) Misrepresentation of fact .—
“misrepresentation of fact” applies throughout its chapter
The term “misrepresentation of fact” means a false statement of substantive fact, or conduct that leads to a belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.
“contractor” applies throughout its chapter
The term “contractor” means the department, division, or other unit of a person responsible for the performance under the contract. (2) Controlled substance .—
“controlled substance” applies throughout its chapter
The term “controlled substance” means a controlled substance in schedules I through V of section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 812 ). (3) Conviction .—
“conviction” applies throughout its chapter
The term “conviction” means a finding of guilt (including a plea of nolo contendere), an imposition of sentence, or both, by a judicial body charged with the responsibility to determine violations of Federal or State criminal drug statutes. (4) Criminal drug statute .—
“criminal drug statute” applies throughout its chapter
The term “criminal drug statute” means a criminal statute involving manufacture, distribution, dispensation, use, or possession of a controlled substance. (5) Drug-free workplace .—
“drug-free workplace” applies throughout its chapter
The term “drug-free workplace” means a site of an entity— (A) for the performance of work done in connection with a specific contract or grant described in section 8102 or 8103 of this title; and (B) at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of the Anti-Drug Abuse Act of 1988 ( Public Law 100–690 , 102 Stat. 4181 ). (6) Employee .—
“employee” applies throughout its chapter
The term “employee” means the employee of a contractor or grantee directly engaged in the performance of work pursuant to the contract or grant described in section 8102 or 8103 of this title. (7) Federal agency .—
“Federal agency” applies throughout its chapter
The term “Federal agency” means an agency as defined in section 552(f) of title 5 . (8) Grantee .—
“grantee” applies throughout its chapter
The term “grantee” means the department, division, or other unit of a person responsible for the performance under the grant. (b) Construction .— This chapter does not require law enforcement agencies to comply with this chapter if the head of the agency determines it would be inappropriate in connection with the agency’s undercover operations.
“Federal agency” applies throughout its chapter
The term “Federal agency” has the meaning given the term “executive agency” in section 133 of this title .
“public building” applies throughout its chapter
The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands. (2) United states .—
“public use” applies throughout its chapter
The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands. (2) United states .—
“public work” applies throughout its chapter
The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands. (2) United states .—
“United States” applies throughout its chapter
The term “United States” includes any place subject to the jurisdiction of the United States. (3) Federal agency .—
“Committee” applies throughout its chapter
The term “Committee” means the Committee for Purchase From People Who Are Blind or Severely Disabled established under section 8502 of this title . (3) Direct labor .—
“direct labor” applies throughout its chapter
The term “direct labor”— (A) includes all work required for preparation, processing, and packing of a product, or work directly relating to the performance of a service; but (B) does not include supervision, administration, inspection, or shipping. (4) Entity of the federal government and federal government .—
“entity of the Federal Government” applies throughout its chapter
The terms “entity of the Federal Government” and “Federal Government” include an entity of the legislative or judicial branch, a military department or executive agency (as defined in sections 102 and 105 of title 5, respectively), the United States Postal Service, and a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces. (5) Other severely disabled .—
“Federal Government” applies throughout its chapter
The terms “entity of the Federal Government” and “Federal Government” include an entity of the legislative or judicial branch, a military department or executive agency (as defined in sections 102 and 105 of title 5, respectively), the United States Postal Service, and a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces. (5) Other severely disabled .—
“other severely disabled” applies throughout its chapter
The term “other severely disabled” means an individual or class of individuals under a physical or mental disability, other than blindness, which (according to criteria established by the Committee after consultation with appropriate entities of the Federal Government and taking into account the views of non-Federal Government entities representing the disabled) constitutes a substantial handicap to employment and is of a nature that prevents the individual from currently engaging in normal competitive employment. (6) Qualified nonprofit agency for other severely disabled .—
“qualified nonprofit agency for other severely disabled” applies throughout its chapter
The term “qualified nonprofit agency for other severely disabled” means an agency— (A) (i) organized under the laws of the United States or a State; (ii) operated in the interest of severely disabled individuals who are not blind; and (iii) of which no part of the net income of the agency inures to the benefit of a shareholder or other individual; (B) that complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and (C) that in the production of products and in the provision of services (whether or not the products or services are procured under this chapter) during the fiscal year employs blind or other severely disabled individuals for at …
“qualified nonprofit agency for the blind” applies throughout its chapter
The term “qualified nonprofit agency for the blind” means an agency— (A) (i) organized under the laws of the United States or a State; (ii) operated in the interest of blind individuals; and (iii) of which no part of the net income of the agency inures to the benefit of a shareholder or other individual; (B) that complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and (C) that in the production of products and in the provision of services (whether or not the products or services are procured under this chapter) during the fiscal year employs blind individuals for at least 75 percent of the hours of direct labor required for the …
“severely disabled individual” applies throughout its chapter
The term “severely disabled individual” means an individual or class of individuals under a physical or mental disability, other than blindness, which (according to criteria established by the Committee after consultation with appropriate entities of the Federal Government and taking into account the views of non-Federal Government entities representing the disabled) constitutes a substantial handicap to employment and is of a nature that prevents the individual from currently engaging in normal competitive employment. (9) State .—
“State” applies throughout its chapter
The term “State” includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
“kickback” applies throughout its chapter
The term “kickback” means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind that is provided to a prime contractor, prime contractor employee, subcontractor, or subcontractor employee to improperly obtain or reward favorable treatment in connection with a prime contract or a subcontract relating to a prime contract. (3) Person .—
“person” applies throughout its chapter
The term “person” means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. (4) Prime contract .—
“prime contract” applies throughout its chapter
The term “prime contract” means a contract or contractual action entered into by the Federal Government to obtain supplies, materials, equipment, or services of any kind. (5) Prime contractor .—
“prime contractor” applies throughout its chapter
The term “prime contractor” means a person that has entered into a prime contract with the Federal Government. (6) Prime contractor employee .—
“prime contractor employee” applies throughout its chapter
The term “prime contractor employee” means an officer, partner, employee, or agent of a prime contractor. (7) Subcontract .—
“subcontract” applies throughout its chapter
The term “subcontract” means a contract or contractual action entered into by a prime contractor or subcontractor to obtain supplies, materials, equipment, or services of any kind under a prime contract. (8) Subcontractor .—
“subcontractor” applies throughout its chapter
The term “subcontractor”— (A) means a person, other than the prime contractor, that offers to furnish or furnishes supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with the prime contract; and (B) includes a person that offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor. (9) Subcontractor employee .—
“subcontractor employee” applies throughout its chapter
The term “subcontractor employee” means an officer, partner, employee, or agent of a subcontractor.
“contracting officer” applies in that section
the term “contracting officer” has the meaning given that term in chapter 71 of this title. (b) Offset Authority .— A contracting officer of a contracting agency may offset the amount of a kickback provided, accepted, or charged in violation of section 8702 of this title against amounts the Federal Government owes the prime contractor under the prime contract to which the kickback relates.