Chapter 201 · Definitions
Subchapter II · Definitions applicable to procurement generally
3011Definitions incorporated from title 41#
In any chapter 137 legacy provision, the following terms have the meanings provided such terms in chapter 1 of title 41:
(1)The term “procurement”.
(2)The term “procurement system”.
(3)The term “standards”.
(4)The term “full and open competition”.
(5)The term “responsible source”.
(6)The term “item”.
(7)The term “item of supply”.
(8)The term “supplies”.
(9)The term “commercial product”.
(10)The term “commercial service”.
(11)The term “nondevelopmental item”.
(12)The term “commercial component”.
(13)The term “component”.
3012Competitive procedures#
In this 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 sources; and
(B)orders and contracts under such program result in the best value to meet the needs of the United States;
(4)procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business concerns that are entitled to submit offers for such procurements are permitted to compete; and
(5)a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of the Small Business Act (15 U.S.C. 638).
3013Technical data#
In any chapter 137 legacy provision, 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.
3014Nontraditional defense contractor#
In this part, the term “nontraditional defense contractor”, with respect to a procurement or with respect to a transaction authorized under section 4021(a) or 4022 of this title, means an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation of sources by the Department of Defense for the procurement or transaction, any contract or subcontract for the Department of Defense that is subject to full coverage under the cost accounting standards prescribed pursuant to section 1502 of title 41 and the regulations implementing such section.
3015Simplified acquisition threshold#
In this part:
(1)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.
(2)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.
3016Chapter 137 legacy provisions#
In this 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.
III · Definitions relating to major systems and major defense acquisition programs
3041Major system#
(a)In this part (other than in sections 4292(e) and 4321), 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)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.
(c)
(1)For purposes of subsection (b), a system for which the Department of Defense is responsible shall be considered a major system if—
(A)the total expenditures for research, development, test, and evaluation for the system are estimated to be more than $275,000,000 (based on fiscal year 2024 constant dollars); or
(B)the eventual total expenditure for procurement for the system is estimated to be more than $1,300,000,000 (based on fiscal year 2024 constant dollars).
(2)Authority for the Secretary of Defense to adjust amounts and the base fiscal year in effect under this subsection is provided in section 4202(b) of this title.
(d)For purposes of subsection (b), a system for which a civilian agency is responsible shall be considered a major system if total expenditures for the system are estimated to exceed the greater of—
(1)$2,000,000 (based on fiscal year 2024 constant dollars); or
(2)the dollar threshold for a “major system” established by the agency pursuant to Office of Management and Budget (OMB) Circular A–109, entitled “Major Systems Acquisitions”.
3042Major defense acquisition program#
For the definition of the term “major defense acquisition program” for purposes of this part, see section 4201 of this title.
Subchapter I · Definitions relating to defense acquisition system generally
3001Defense acquisition system; element of the defense acquisition system#
(a)In this 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)In this 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)In this part, the term “acquisition” has the meaning provided in section 131 of title 41.
3002Federal Acquisition Regulation#
In this part, the term “Federal Acquisition Regulation” means the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41.
3004Head of an agency#
In this 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.
3006Acquisition workforce#
For the definition of the term “acquisition workforce” for the purposes of this part, see section 101(a)(18) of this title.
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