(Revised November 24, 2008)
202.101 Definitions.
202.101 Definitions.
“Commercially available off-the-shelf item”—
(1) Means any item of supply that is—
(i) A commercial item (as defined in FAR 2.101);
(ii) Sold in substantial quantities in the
commercial marketplace; and
(iii) Offered to the Government, without
modification, in the same form in which it is sold in the commercial
marketplace; and
(2) Does not include bulk cargo, as defined in
Section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as
agricultural products and petroleum products.
“Congressional
defense committees” means—
(1) The Committee on Armed Services of the
Senate;
(2) The Subcommittee on Defense of the Committee
on Appropriations of the Senate;
(3) The Committee on Armed Services of the House
of Representatives; and
(4) The Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives.
"Contract administration office"
also means a contract management office of the Defense Contract Management
Agency.
“Contracting activity” for DoD also means
elements designated by the director of a defense agency which has been
delegated contracting authority through its agency charter. DoD contracting activities are—
DEPARTMENT
OF DEFENSE
Department
of Defense Education Activity
TRICARE
Management Activity
Acquisition
and Procurement Office,
ARMY
Joint Contracting Command –
Iraq/Afghanistan
National Guard Bureau
Program Executive Office for Simulation, Training, and Instrumentation
Command
NAVY
Office of the Deputy Assistant Secretary of the Navy
(Acquisition & Logistics
Management)
Naval
Air Systems Command
Space
and Naval Warfare Systems Command
Naval
Facilities Engineering Command
Naval
Inventory Control Point
Naval
Sea Systems Command
Naval
Supply Systems Command
Office
of Naval Research
Military
Sealift Command
Strategic
Systems Programs
Marine
Corps Systems Command
Installations
and Logistics,
AIR
FORCE
Office
of the Assistant Secretary of the Air Force (Acquisition)
Office
of the Deputy Assistant Secretary (Contracting)
Air Force District of
Air Force Operational
Air Force Special Operations
Command
Air
Force Materiel Command
Air
Force Reserve Command
Air
Combat Command
Air
Mobility Command
Air
Education and Training Command
Pacific
Air Forces
Air
Force Space Command
Program Executive Office for
Aircraft Systems
Program Executive Office for
Command and Control & Combat
Support Systems
Program Executive Office for
Combat and
Program Executive Office for F/A-22
Programs
Program Executive Office for Joint
Strike Fighter
Program Executive Office for
Weapons
DEFENSE
ADVANCED RESEARCH PROJECTS AGENCY
Office
of the Deputy Director, Management
DEFENSE
CONTRACT MANAGEMENT AGENCY
Office
of the Director, Defense Contract Management Agency
DEFENSE
FINANCE AND ACCOUNTING SERVICE
External
Services, Defense Finance and Accounting Service
DEFENSE
INFORMATION SYSTEMS AGENCY
Defense
Information Technology Contracting Organization
DEFENSE
INTELLIGENCE AGENCY
Office
of Procurement
DEFENSE
LOGISTICS AGENCY
Acquisition
Management Directorate
Defense
Supply Centers
NATIONAL
IMAGERY AND MAPPING AGENCY
Procurement
and Contracting Office
DEFENSE
THREAT REDUCTION AGENCY
Acquisition
Management Office
NATIONAL
SECURITY AGENCY
Headquarters,
National Security Agency
MISSILE
DEFENSE AGENCY
Headquarters,
Missile Defense Agency
UNITED
STATES SPECIAL OPERATIONS COMMAND
UNITED
STATES TRANSPORTATION COMMAND
Directorate
of Acquisition
“Contracting officer's representative” means
an individual designated and authorized in writing by the contracting officer
to perform specific technical or administrative functions.
“Departments and agencies,” as used in DFARS,
means the military departments and the defense agencies. The military departments are the Departments
of the Army, Navy, and Air Force (the Marine Corps is a part of the Department
of the Navy). The defense agencies are
the Defense Advanced Research Projects Agency, the Defense Commissary Agency,
the Defense Contract Management Agency, the Defense Finance and Accounting
Service, the Defense Information Systems Agency, the Defense Intelligence
Agency, the Defense Security Service, the Defense Logistics Agency, the
National Imagery and Mapping Agency, the Defense Threat Reduction Agency, the
National Security Agency, the Missile Defense Agency, and the United States Special
Operations Command.
“Department of Defense (DoD),” as used in
DFARS, means the Department of Defense, the military departments, and the
defense agencies.
“Executive agency” means for DoD, the
Department of Defense, the Department of the Army, the Department of the Navy,
and the Department of the Air Force.
“Head of the agency” means, for DoD, the
Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and
the Secretary of the Air Force. Subject
to the direction of the Secretary of Defense, the Under Secretary of Defense
(Acquisition, Technology, and Logistics), and the Director of Defense
Procurement and Acquisition Policy, the directors of the defense agencies have
been delegated authority to act as head of the agency for their respective
agencies (i.e., to perform functions under the FAR or DFARS reserved to a head
of agency or agency head), except for such actions that by terms of statute, or
any delegation, must be exercised within the Office of the Secretary of
Defense.
See DoD Class Deviation 2008-O0006, Contract
Actions Supporting Contingency Operations or Facilitating Defense Against or
Recovery from Nuclear, Biological, Chemical, or Radiological Attack, issued on September
3, 2008. This deviation is effective
until incorporated into the DFARS or otherwise rescinded.
“Procedures,
Guidance, and Information (PGI)” means a companion resource to the DFARS that—
(1)
Contains mandatory internal DoD procedures. The DFARS will direct compliance with
mandatory procedures using imperative language such as “Follow the procedures
at...” or similar directive language;
(2)
Contains non-mandatory internal DoD procedures and guidance and
supplemental information to be used at the discretion of the contracting
officer. The DFARS will point to
non-mandatory procedures, guidance, and information using permissive language
such as “The contracting officer may use...” or “Additional information is
available at...” or other similar language;
(3)
Is numbered similarly to the DFARS, except that each PGI numerical
designation is preceded by the letters “PGI”; and
(4)
Is available electronically at http://www.acq.osd.mil/dpap/dars/index.htm.
“Senior procurement executive” means, for
DoD—
Department
of Defense (including the defense agencies)--Under Secretary of
Defense
(Acquisition, Technology, and Logistics);
Department
of the Army--Assistant Secretary of the Army (Acquisition, Logistics and Technology);
Department
of the Navy--Assistant Secretary of the Navy (Research,
Development
and Acquisition);
Department
of the Air Force--Assistant Secretary of the Air Force
(Acquisition).
The
directors of the defense agencies have been delegated authority to act as
senior procurement executive for their respective agencies, except for such
actions that by terms of statute, or any delegation, must be exercised by the
Under Secretary of Defense (Acquisition, Technology, and Logistics).
“Tiered evaluation of offers,” also known as “cascading
evaluation of offers,” means a procedure used in negotiated acquisitions, when
market research is inconclusive for justifying limiting competition to small
business concerns, whereby the contracting officer—
(1) Solicits and receives offers from both small
and other than small business concerns;
(2) Establishes a tiered or cascading order of
precedence for evaluating offers that is specified in the solicitation; and
(3) If no award can be made at the first tier,
evaluates offers at the next lower tier, until award can be made.