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Section 202.101: Definitions.

“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

      Counterintelligence Field Activity

      Department of Defense Education Activity

      TRICARE Management Activity

      Washington Headquarters Services, Acquisition and Procurement Office

    ARMY

      Headquarters, U.S. Army Contracting Command

      Joint Contracting Command - Iraq/Afghanistan

National Guard Bureau

Program Executive Office for Simulation, Training, and Instrumentation

U.S. Army Aviation and Missile Life Cycle Management Command

U.S. Army Communications-Electronics Life Cycle Management Command

U.S. Army Corps of Engineers

      U.S. Army Expeditionary Contracting Command

U.S. Army Intelligence and Security Command

U.S. Army Joint Munitions and Lethality Life Cycle Management Command

U.S. Army Medical Command

U.S. Army Medical Research and Materiel Command

      U.S. Army Mission and Installation Contracting Command

      U.S. Army Research, Development, and Engineering Command

U.S. Army Space and Missile Defense Command

U.S. Army Sustainment Command

      U.S. Army Tank-Automotive and Armaments Life Cycle Management

        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, Headquarters, U.S. Marine Corps

    AIR FORCE

      Office of the Assistant Secretary of the Air Force (Acquisition)

      Office of the Deputy Assistant Secretary (Contracting)

      Air Force Materiel Command

      Air Force Reserve Command

      Air Combat Command

      Air Mobility Command

      Air Education and Training Command

      Pacific Air Forces

      United States Air Forces in Europe

      Air Force Space Command

      Air Force District of Washington

      Air Force Operational Test & Evaluation Center

      Air Force Special Operations Command

      United States Air Force Academy

      Aeronautical Systems Center

      Air Armament Center

      Electronic Systems Center

      Space and Missile Systems Center

    DEFENSE ADVANCED RESEARCH PROJECTS AGENCY

      Office of the Deputy Director, Management

    DEFENSE BUSINESS TRANSFORMATION AGENCY

      Contracting Office

    DEFENSE COMMISSARY AGENCY

      Directorate of Contracting

    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

      Defense Energy Support Center

    DEFENSE SECURITY COOPERATION AGENCY

      Contracting Division

    DEFENSE SECURITY SERVICE

      Acquisition and Contracting Branch

    DEFENSE THREAT REDUCTION AGENCY

      Acquisition Management Office

    MISSILE DEFENSE AGENCY

      Headquarters, Missile Defense Agency

    NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY

      Procurement and Contracting Office

    NATIONAL SECURITY AGENCY

      Headquarters, National Security Agency

    UNITED STATES SPECIAL OPERATIONS COMMAND

      Headquarters, 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 Business Transformation 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 Logistics Agency, the Defense Security Cooperation Agency, the Defense Security Service, the Defense Threat Reduction Agency, the Missile Defense Agency, the National Geospatial-Intelligence Agency, and the National Security Agency.

“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.

“General public” and “non-governmental entities,” as used in the definition of “commercial item” at FAR 2.101, do not include the Federal Government or a State, local, or foreign government (Pub. L. 110-181, Section 815(b)).

“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. (For emergency acquisition flexibilities, see 218.270.)

“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.




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