CHAPTER 1 - DEFINITIONS
Title 41 > CHAPTER 1
Sections (24)
§ 101 Administrator
In this subtitle, the term “Administrator” means the Administrator for Federal Procurement Policy appointed under section 1102 of this title . ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3678 .)
§ 102 Commercial component
In this subtitle, the term “commercial component” means a component that is a commercial product. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3678 ; Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(A) , Aug. 13, 2018 , 132 Stat. 1860 .)
§ 103 Commercial product
In this subtitle, the term “commercial product” means any of the following: A product, other than real property, that— is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. A product that— evolved from a product described in paragraph (1) through advances in technology or performance; and 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. A product that would satisfy the criteria in paragraph (1) or (2) were it not for— modifications of a type customarily available in the commercial marketplace; or minor modifications made to meet Federal Government requirements. Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public. A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that— the product was developed exclusively at private expense; and has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments. (Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1) , Aug. 13, 2018 , 132 Stat. 1859 .)
§ 103a Commercial service
In this subtitle, the term “commercial service” means any of the following: Installation services, maintenance services, repair services, training services, and other services if— 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 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; Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace— based on established catalog or market prices; for specific tasks performed or specific outcomes to be achieved; and under standard commercial terms and conditions. A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. (Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1) , Aug. 13, 2018 , 132 Stat. 1860 .)
§ 104 Commercially available off-the-shelf item
In this subtitle, the term “commercially available off-the-shelf item”— means an item that— is a commercial product (as described in section 103(1) of this title ); is sold in substantial quantities in the commercial marketplace; and is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace; but does not include bulk cargo, as defined in section 40102(4) of title 46 , such as agricultural products and petroleum products. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3679 ; Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(B) , Aug. 13, 2018 , 132 Stat. 1860 ; Pub. L. 116–283, div. A, title X, § 1081(d)(4)(A) , Jan. 1, 2021 , 134 Stat. 3874 .)
§ 105 Component
In this subtitle, the term “component” means an item supplied to the Federal Government as part of an end item or of another component. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3680 .)
§ 106 Federal Acquisition Regulation
In this subtitle, the term “Federal Acquisition Regulation” means the regulation issued under section 1303(a)(1) of this title . ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3680 .)
§ 107 Full and open competition
In this subtitle, the term “full and open competition”, when used with respect to a procurement, means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3680 .)
§ 108 Item and item of supply
In this subtitle, the terms “item” and “item of supply”— mean an individual part, component, subassembly, assembly, or subsystem integral to a major system, and other property which may be replaced during the service life of the system, including spare parts and replenishment spare parts; but do not include packaging or labeling associated with shipment or identification of an item. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3680 .)
§ 109 Major system
(a) In General.— In this subtitle, 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.
(b) System Deemed To Be Major System.— A system is deemed to be a major system if— the Department of Defense is responsible for the system and the total expenditures for research, development, testing, and evaluation for the system are estimated to exceed 300,000,000 (based on fiscal year 1980 constant dollars); a civilian agency is responsible for the system and total expenditures for the system are estimated to exceed the greater of $750,000 (based on fiscal year 1980 constant dollars) or 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”; or the head of the agency responsible for the system designates the system a major system.
§ 110 Nondevelopmental item
In this subtitle, the term “nondevelopmental item” means— a commercial product; 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; 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 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. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3680 ; Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(C) , Aug. 13, 2018 , 132 Stat. 1860 .)
§ 111 Procurement
In this subtitle, 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. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3681 .)
§ 112 Procurement system
In this subtitle, 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. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3681 .)
§ 113 Responsible source
In this subtitle, the term “responsible source” means a prospective contractor that— has adequate financial resources to perform the contract or the ability to obtain those resources; is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and Government business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain the organization, experience, controls, and skills; has the necessary production, construction, and technical equipment and facilities, or the ability to obtain the equipment and facilities; and is otherwise qualified and eligible to receive an award under applicable laws and regulations. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3681 .)
§ 114 Standards
In this subtitle, 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. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3681 .)
§ 115 Supplies
In this subtitle, the term “supplies” has the same meaning as the terms “item” and “item of supply”. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3681 .)
§ 116 Technical data
In this subtitle, 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; but does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3681 .)
§ 131 Acquisition
In division B, the term “acquisition”— 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 includes— the process of acquiring property or services that are already in existence, or that must be created, developed, demonstrated, and evaluated; the description of requirements to satisfy agency needs; solicitation and selection of sources; award of contracts; contract performance; contract financing; management and measurement of contract performance through final delivery and payment; and technical and management functions directly related to the process of fulfilling agency requirements by contract. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3682 .)
§ 132 Competitive procedures
In division B, the term “competitive procedures” means procedures under which an agency enters into a contract pursuant to full and open competition. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3682 .)
§ 133 Executive agency
In division B, the term “executive agency” means— an executive department specified in section 101 of title 5 ; a military department specified in section 102 of title 5 ; an independent establishment as defined in section 104(1) of title 5 ; and a wholly owned Government corporation fully subject to chapter 91 of title 31. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3682 .)
§ 134 Simplified acquisition threshold
In division B, the term “simplified acquisition threshold” means $250,000. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3682 ; Pub. L. 115–91, div. A, title VIII, § 805 , Dec. 12, 2017 , 131 Stat. 1456 .)
§ 151 Agency head
In division C, 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. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3682 .)
§ 152 Competitive procedures
In division C, 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— procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40; the competitive selection of basic research proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of those proposals; the procedures established by the Administrator of General Services for the multiple awards schedule program of the General Services Administration if— participation in the program has been open to all responsible sources; and orders and contracts under those procedures result in the lowest overall cost alternative to meet the needs of the Federal Government; 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 those procurements are permitted to compete; and 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 that Act ( 15 U.S.C. 638 ). ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3683 .)
§ 153 Simplified acquisition threshold for contract in support of humanitarian or peacekeeping operation
In division C, 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 . In paragraph (1), 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. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3683 .)