Abacus Contract Management Definitions

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"A&E". See "Ammunition and explosives."

"AA&E." See "Arms, ammunition, and explosives."

"A-E" means architect-engineer.
DFARS 236.102 Construction and Architect-Engineer Contracts.

"AAA." See "American Arbitration Association" or "Authorized Accounting Activity."

"AAN." See "Activity Address Numbers."

"Ab initio" means "from the beginning."
DAU CON 210 Government Contract Law Course Text - Glossary of Legal Terms .

"Abacus Contract Management" is an e-purchasing and contract management professional services firm responsible for, among other things, editing these definitions.

"ABC." See "Activity based costing."

"ABM" means the Deputy for Acquisition and Business Management, Office of the Assistant Secretary of the Navy (Research, Development and Acquisition).
NAPS 5202.101 Definitions.

"Acceptable estimating system" means an estimating system that-
(i) Is established, maintained, reliable, and consistently applied; and
(ii) Produces verifiable, supportable, and documented cost estimates.
DFARS 215.407-5-70 Disclosure, maintenance, and review requirements.

"Acceptance." The word "acceptance" as used in this requirement is deemed to be preliminary acceptance as defined in the requirement of this contract entitled "PRELIMINARY ACCEPTANCE".
HQ E-2-0011 Inspection of Supplies and Correction of Defects (CT) (NAVSEA) (JAN 1990).

"Acceptance" means the act of an authorized representative of the Government by which the Government, for itself or as agent of another, assumes ownership of existing identified supplies tendered or approves specific services rendered as partial or complete performance of the contract.
FAR 46 Quality Assurance.
See Defense Acquisition Deskbook - Section 2.A.5.6.2 Acceptance.

"Acceptance," as defined in FAR 46.701(sic) and as used in this subpart and in the warranty clauses at FAR 52.246-17, Warranty of Supplies of a Noncomplex Nature; FAR 52.246-18, Warranty of Supplies of a Complex Nature; FAR 52.246-19, Warranty of Systems and Equipment Under Performance Specifications or Design Criteria; and FAR 52.246-20, Warranty of Services, includes the execution of an official document (e.g., DD Form 250, Material Inspection and Receiving Report) by an authorized representative of the Government.
DFARS 246.701 Warranties.

"Acceptance period," as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of bids.
FAR 52.214-16 Minimum Bid Acceptance Period (Apr 1984) as prescribed in FAR 14.201-6(j).

"Access Board" is a Federal agency that develops and maintains accessibility guidelines and standards for the built environment, transportation vehicles, telecommunication equipment, and electronic and information technology. The Board also enforces design standards that apply to federally funded facilities. The Access Board, 1331 F St, NW, Suite 1000, Washington, DC 20004-1111, (202) 272-5434, (202) 272-5449 (TTY), www.access-board.gov.
See "Section 508."

"Accessory item," as used in this subpart, means an item that facilitates or enhances the operation of plant equipment but which is not essential for its operation.
FAR 45.5 Management of Government Property in the Possession of Contractors.

"Accord and satisfaction" means agreement as to amount owed and payment of that amount.
DAU CON 210 Government Contract Law Course Text - Glossary of Legal Terms.

"Accounting classification reference number (ACRN)" means a two position alpha or alpha/numeric control code used as a method of relating the accounting classification citation to detailed line item information contained in the schedule.
DFARS 204.7101 Uniform Contract Line Item Numbering System.

"Accredited Standards Committee (ASC) X12." See ANSI ASC X12."

"Accrual Accounting" is a system of accounting in which revenues are recorded when earned and outlays are recorded when goods are received or services performed, even though the actual receipt of revenues and payment for goods or services may occur, in whole or in part, at a different time.
Congressional Budget Office Glossary.

"Accrual of a claim" means the date when all events, that fix the alleged liability of either the Government or the contractor and permit assertion of the claim, were known or should have been known. For liability to be fixed, some injury must have occurred. However, monetary damages need not have been incurred.
FAR 33.2 Disputes and Appeals.

"Accrued benefit cost method" means an actuarial cost method under which units of benefits are assigned to each cost accounting period and are valued as they accrue; i.e., based on the services performed by each employee in the period involved. The measure of normal cost under this method for each cost accounting period is the present value of the units of benefit deemed to be credited to employees for service in that period. The measure of the actuarial accrued liability at a plan's inception date is the present value of the units of benefit credited to employees for service prior to that date.
(This method is also known as the unit credit cost method without salary projection).
FAR 31 Contract Cost Principles and Procedures.

"Accumulating costs" means collecting cost data in an organized manner, such as through a system of accounts.
FAR 31 Contract Cost Principles and Procedures.

"Acquiring department" means the department, agency, or General Services Administration which has contracting responsibility under the Coordinated Acquisition Program.
DFARS 208-7001 Coordinated Acquisition.

"Acquisition" means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract.
FAR Part 2 - Definitions of Words and Terms.

"Acquisition" means acquiring, by contract with appropriated funds, property or services (including construction) by and for the use of the Federal Government through purchase or lease, from the point at which executive agency needs are established by the chief acquisition officer of the executive agency; and includes--
(i) acquiring property or services that are already in existence, or that must be created, developed, demonstrated, and evaluated;
(ii) the description of requirements to satisfy agency needs;
(iii) solicitation and selection of sources;
(iv) award of contracts;
(v) contract performance;
(vi) contract administration; and
(vii) technical and management functions directly related to the process of fulfilling agency needs by contract.
Services Acquisition Reform Act, introduced in House, 4 Mar 2002

"Acquisition logistics" is the set of functions and processes designed to provide the Program Manager and the system end user an adequate and cost-effective system operational support package upon delivery and throughout the system life cycle. It is composed of Acquisition Logistics Planning, Functional Processes and Design Interface elements. The acquisition logistics products critical to the fleet are defined and developed at the outset and continue throughout the acquisition process. The key components are listed at Turbo Streamliner. See Navy Acquisition Reform Office - Acquisition Center of Excellence - Acquisition Logistics.

"Acquisition planning" means the process by which the efforts of all personnel responsible for an acquisition are coordinated and integrated through a comprehensive plan for fulfilling the agency need in a timely manner and at a reasonable cost. It includes developing the overall strategy for managing the acquisition.
FAR Part 2 - Definitions of Words and Terms.

"Acquisition reform (AR)" is a way of thinking. That thinking is guided by three objectives that shape the products, processes, and practices of Defense Acquisition: better, faster and cheaper. As AR thinking evolves, the acquisition community develops new strategies, practices and initiatives. The current set of strategies and practices are defined at Turbo Streamliner Acquisition Reform Objectives, Strategies and Practices, organized under the three core AR objectives.

"Acquisition savings" means savings resulting from the application of a value engineering change proposal (VECP) to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include--
(1) Instant contract savings, that are the net cost reductions on the contract under which the VECP is submitted and accepted, and that are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the contractor's allowable development and implementation costs;
(2) Concurrent contract savings, that are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and
(3) Future contract savings, that are the product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increases in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract.
FAR Part 48 - Value Engineering.

"Acquisition streamlining" means any effort that results in more efficient and effective use of resources to design and develop, or produce quality systems. This includes ensuring that only necessary and cost-effective requirements are included, at the most appropriate time in the acquisition cycle, in solicitations and resulting contracts for the design, development, and production of new systems, or for modifications to existing systems that involve redesign of systems or subsystems.
FAR 7.1 Acquisition Plans.

"Acquisition Team" consists of all participants in Government acquisition including not only representatives of the technical, supply, and procurement communities but also the customers they serve, and the contractors who provide the products and services.
FAR 1.102(c) Statement of guiding principles for the Federal Acquisition System.

"ACRN." See "Accounting classification reference number."

"Act," as used in this clause, means the Service Contract Act of 1965, as amended (41 U.S.C. 351, et seq.).
FAR 52.222-41 Service Contract Act of 1965, as Amended (May 1989) as prescribed in FAR 22.1006(a); and
FAR 22.10 Service Contract Act of 1965, as Amended.

"Action ex contractu" means suit arising out of contract."
DAU CON 210 Government Contract Law Course Text - Glossary of Legal Terms.

"Action ex delicto" means suit arising independent of contract resulting from breach of a positive legal duty.
DAU CON 210 Government Contract Law Course Text - Glossary of Legal Terms .

"Activity" is a unit of the Department of the Navy, of distinct identity, and established under an officer in command or in charge.
32 C.F.R. Sec. 700.105(m).
SECNAV Instruction 5800.13 Subj: Alternative Dispute Resolution (ADR).
See www.adr.navy.mil.

"Activity Address Numbers." DFARS Appendix G identifies the activity address numbers to be used with the uniform procurement instrument identification numbering system prescribed in DFARS Subpart 204.70.

"Activity based costing (ABC)" is an accounting system that assigns costs to products based on the resources they consume. The costs of all activities are traced to the product for which they are performed. Overhead costs are also traced to a particular product rather than spread arbitrarily across all product lines. The true cost of a product can be determined with much more fidelity than was previously available with a traditional accounting system. An ABC system gives visibility to how effectively resources are being used and how all activities contribute to the cost of a product.
Navy Acquisition Reform.

"Activity Dispute Resolution Specialist" is responsible for promoting and coordinating the use of ADR within an activity.
SECNAV Instruction 5800.13 Subj: Alternative Dispute Resolution (ADR).
See www.adr.navy.mil.

"Actual cash value" means the cost of replacing damaged property with other property of like kind and quality in the physical condition of the property immediately before the damage.
FAR 31 Contract Cost Principles and Procedures.

"Actual costs" means (except for Subpart 31.6) amounts determined on the basis of costs incurred, as distinguished from forecasted costs. Actual costs include standard costs properly adjusted for applicable variances.
FAR 31 Contract Cost Principles and Procedures.

"Actuarial accrued liability" means pension cost attributable, under the actuarial cost method in use, to years prior to the current period considered by a particular actuarial valuation. As of such date, the actuarial accrued liability represents the excess of the present value of future benefits and administrative expenses over the present value of future normal costs for all plan participants and beneficiaries. The excess of the actuarial accrued liability over the actuarial value of the assets of a pension plan is the unfunded actuarial liability. The excess of the actuarial value of the assets of a pension plan over the actuarial accrued liability is an actuarial surplus and is treated as a negative unfunded actuarial liability.
FAR 31 Contract Cost Principles and Procedures.

"Actuarial assumption" means an estimate of future conditions affecting pension cost; e.g., mortality rate, employee turnover, compensation levels, earnings on pension plan assets, and changes in values of pension plan assets.
FAR 31 Contract Cost Principles and Procedures.

"Actuarial cost method" means a technique which uses actuarial assumptions to measure the present value of future pension benefits and pension plan administrative expenses, and that assigns the cost of such benefits and expenses to cost accounting periods. The actuarial cost method includes the asset valuation method used to determine the actuarial value of the assets of a pension plan.
FAR 31 Contract Cost Principles and Procedures.

"Actuarial gain and loss" means the effect on pension cost resulting from differences between actuarial assumptions and actual experience.
FAR 31 Contract Cost Principles and Procedures.

"Actuarial valuation" means the determination, as of a specified date, of the normal cost, actuarial accrued liability, actuarial value of the assets of a pension plan, and other relevant values for the pension plan.
FAR 31 Contract Cost Principles and Procedures.

"Adequate evidence" means information sufficient to support the reasonable belief that a particular act or omission has occurred.
FAR Part 2 - Definitions of Words and Terms.

"Administrative change" means a unilateral (see 43.103(b)) contract change, in writing, that does not affect the substantive rights of the parties (e.g., a change in the paying office or the appropriation data).
FAR 43.101 Contract Modifications Definitions.

"Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts.
FAR Part 2 - Definitions of Words and Terms.

"Administrator" or "Administrator, Wage and Hour Division," as used in this part, means the--
Administrator
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
or an authorized representative.
FAR 22.001 Application Of Labor Laws To Government Acquisitions.

"ADR." See "Alternative dispute resolution" or "Asset depreciation range (ADR) guidelines."

"ADR" is any procedure which is used in lieu of a formal process or litigation to resolve conflicts and issues in controversy, including, but not limited to, partnering, conciliation, facilitation, mediation, ombudsmanship, fact-finding, mini-trials, neutral evaluation, and arbitration or any combination thereof.
SECNAV Instruction 5800.13 Subj: Alternative Dispute Resolution (ADR).
See "Alternative dispute resolution" and www.adr.navy.mil.

"ADR Working Group." A diverse body of DON representatives assisting with the coordination and implementation of ADR policy and serving as an information and training clearinghouse for DON activities.
SECNAV Instruction 5800.13 Subj: Alternative Dispute Resolution (ADR).
See www.adr.navy.mil.

"Advance payment bond." See "Bond."

"Advance payments" are advances of money by the Government to a prime contractor before, in anticipation of, and for the purpose of complete performance under one or more contracts. They are expected to be liquidated from payments due to the contractor incident to performance of the contracts. Since they are not measured by performance, they differ from partial, progress, or other payments based on the performance or partial performance of a contract. Advance payments may be made to prime contractors for the purpose of making advances to subcontractors.
FAR 32.102 Description of contract financing methods.

"Advance procurement," as used in this subpart, means an exception to the full funding policy that allows acquisition of long lead time items (advance long lead acquisition) or economic order quantities (EOQ) of items (advance EOQ acquisition) in a fiscal year in advance of that in which the related end item is to be acquired. Advance procurements may include materials, parts, components, and effort that must be funded in advance to maintain a planned production schedule.
DFARS 217.1 Multiyear Contracting.

"Advertisement" means any single message prepared for placement in communication media, regardless of the number of placements.
FAR 5.5 Paid Advertisements.

"Advertising" means the use of media to promote the sale of products or services and to accomplish the activities referred to in paragraph (d) of this subsection, regardless of the medium employed, when the advertiser has control over the form and content of what will appear, the media in which it will appear, and when it will appear. Advertising media include but are not limited to conventions, exhibits, free goods, samples, magazines, newspapers, trade papers, direct mail, dealer cards, window displays, outdoor advertising, radio, and television.
FAR 31.205-1 Public relations and advertising costs.

"Advertising costs" are defined at 31.205-1(b) and are subject to the allowability provisions of 31.205-1(d) and (f).
FAR 31.205-38 Selling costs.

"Advertising material" means material designed to acquaint the Government with a prospective contractor's present products, services, or potential capabilities, or designed to stimulate the Government's interest in buying such products or services.
FAR 15.6 Unsolicited Proposals.

"Advisory and assistance services" means, as used in this subpart, means services in the following three major categories when provided by nongovernmental sources (10 U.S.C. 2212):
(1) Management and professional support services.
This category consists of services that-
(i) Provide engineering or technical support, assistance, advice, or training for the efficient and effective management and operation of organizations, activities, or systems;
(ii) Are closely related to the basic responsibilities and mission of the using organization; and
(iii) Include efforts that support or contribute to improved organization or program management, logistics management, project monitoring and reporting, data collection, budgeting, accounting, auditing, and administrative or technical support for conferences and training programs.
"(2) Studies, analyses, and evaluations.
This category consists of services that-
(i) Provide organized, analytic assessments to understand or evaluate complex issues to improve policy development, decision-making, management, or administration;
(ii) Result in documents containing data or leading to conclusions or recommendations; and
(iii) May include databases, models, methodologies, and related software created in support of a study, analysis, or evaluation.
"(3) Engineering and technical services.
This category consists of services that take the form of advice, assistance, training, or hands-on training necessary to maintain and operate fielded weapon systems, equipment, and components (including software when applicable) at design or required levels of effectiveness.
DFARS 237.201 Advisory And Assistance Services; or
DFARS 237.201 Advisory And Assistance Services. Note: DFARS Technical Amendments of 1 Oct 2001 changed "'Advisory and assistance services,' instead of the definition at FAR 37.201, means services in the following three major categories when provided by nongovernmental sources (10 U.S.C. 2212):" to "'Advisory and assistance services,' as used in this subpart, means services in the following three major categories when provided by nongovernmental sources (10 U.S.C. 2212):"

"Advisory and assistance services" means those services provided under contract by nongovernmental sources to support or improve: organizational policy development; decision-making; management and administration; program and/or project management and administration; or R&D activities. It can also mean the furnishing of professional advice or assistance rendered to improve the effectiveness of Federal management processes or procedures (including those of an engineering and technical nature). In rendering the foregoing services, outputs may take the form of information, advice, opinions, alternatives, analyses, evaluations, recommendations, training and the day-to-day aid of support personnel need for the successful performance of ongoing Federal operations. All advisory and assistance services are classified in one of the following definitional subdivisions:
(1) Management and professional support services, i.e., contractual services that provide assistance, advice or training for the efficient and effective management and operation of organizations, activities (including management and support services for R&D activities), or systems. These services are normally closely related to the basic responsibilities and mission of the agency originating the requirement for the acquisition of services by contract. Included are efforts that support or contribute to improved organization of program management, logistics management, project monitoring and reporting, data collection, budgeting, accounting, performance auditing, and administrative technical support for conferences and training programs.
(2) Studies, analyses and evaluations, i.e., contracted services that provide organized, analytical assessments/ evaluations in support of policy development, decision-making, management, or administration. Included are studies in support of R&D activities. Also included are acquisitions of models, methodologies, and related software supporting studies, analyses or evaluations.
(3) Engineering and technical services, i.e., contractual services used to support the program office during the acquisition cycle by providing such services as systems engineering and technical direction (see 9.505-1(b)) to ensure the effective operation and maintenance of a weapon system or major system as defined in OMB Circular No. A-109 or to provide direct support of a weapon system that is essential to research, development, production, operation or maintenance of the system.
FAR Part 2 - Definitions of Words and Terms.
See superseding DFARS definition of "Advisory and assistance services."

''Advocacy services," except as used as part of the term ''protection and advocacy services'', means services provided to assist individuals with disabilities and their family members, guardians, advocates, and authorized representatives in accessing assistive technology devices and assistive technology services.
29 U.S.C. 3002 - Assistive Technology for Individuals with Disabilities.

"A-E" means architect-engineer.
DFARS 236.102 Construction and Architect-Engineer Contracts.

"Affiliated concerns" (see "Affiliates" and "Concerns" in 19.101(sic) [and 19.001]) are normally considered separate entities in determining whether the concern that is to perform the contract meets the applicable standards for responsibility. However, the contracting officer shall consider the affiliate's past performance and integrity when they may adversely affect the prospective contractor's responsibility.
FAR 9.104-3(d) Responsible Prospective Contractors - Application of standards

"Affiliates." Business concerns are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, or another concern controls or has the power to control both. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships; provided, that restraints imposed by a franchise agreement are not considered in determining whether the franchisor controls or has the power to control the franchisee, if the franchisee has the right to profit from its effort, commensurate with ownership, and bears the risk of loss or failure. Any business entity may be found to be an affiliate, whether or not it is organized for profit or located inside the United States.
(1) Nature of control. Every business concern is considered as having one or more parties who directly or indirectly control or have the power to control it. Control may be affirmative or negative and it is immaterial whether it is exercised so long as the power to control exists.
(2) Meaning of "party or parties." The term "party" or "parties" includes, but is not limited to, two or more persons with an identity of interest such as members of the same family or persons with common investments in more than one concern. In determining who controls or has the power to control a concern, persons with an identity of interest may be treated as though they were one person.
(3) Control through stock ownership.
(i) A party is considered to control or have the power to control a concern, if the party controls or has the power to control 50 percent or more of the concern's voting stock.
(ii) A party is considered to control or have the power to control a concern, even though the party owns, controls, or has the power to control less than 50 percent of the concern's voting stock, if the block of stock the party owns, controls, or has the power to control is large, as compared with any other outstanding block of stock. If two or more parties each owns, controls, or has the power to control, less than 50 percent of the voting stock of a concern, and such minority block is equal or substantially equal in size, and large as compared with any other block outstanding, there is a presumption that each such party controls or has the power to control such concern; however, such presumption may be rebutted by a showing that such control or power to control, in fact, does not exist.
(iii) If a concern's voting stock is distributed other than as described above, its management (officers and directors) is deemed to be in control of such concern.
(4) Stock options and convertible debentures. Stock options and convertible debentures exercisable at the time or within a relatively short time after a size determination and agreements to merge in the future, are considered as having a present effect on the power to control the concern. Therefore, in making a size determination, such options, debentures, and agreements are treated as though the rights held thereunder had been exercised.
(5) Voting trusts. If the purpose of a voting trust, or similar agreement, is to separate voting power from beneficial ownership of voting stock for the purpose of shifting control of or the power to control a concern in order that such concern or another concern may qualify as a small business within the size regulations, such voting trust shall not be considered valid for this purpose regardless of whether it is or is not valid within the appropriate jurisdiction. However, if a voting trust is entered into for a legitimate purpose other than that described above, and it is valid within the appropriate jurisdiction, it may be considered valid for the purpose of a size determination, provided such consideration is determined to be in the best interest of the small business program.
(6) Control through common management. A concern may be found as controlling or having the power to control another concern when one or more of the following circumstances are found to exist, and it is reasonable to conclude that under the circumstances, such concern is directing or influencing, or has the power to direct or influence, the operation of such other concern.
(i) Interlocking management. Officers, directors, employees, or principal stockholders of one concern serve as a working majority of the board of directors or officers of another concern.
(ii) Common facilities. One concern shares common office space and/or employees and/or other facilities with another concern, particularly where such concerns are in the same or related industry or field of operation, or where such concerns were formerly affiliated.
(iii) Newly organized concern. Former officers, directors, principal stockholders, and/or key employees of one concern organize a new concern in the same or a related industry or field operation, and serve as its officers, directors, principal stockholders, and/or key employees, and one concern is furnishing or will furnish the other concern with subcontracts, financial or technical assistance, and/or facilities, whether for a fee or otherwise.
(7) Control through contractual relationships--
(i) Definition of a joint venture for size determination purposes. A joint venture for size determination purposes is an association of persons or concerns with interests in any degree or proportion by way of contract, express or implied, consorting to engage in and carry out a single specific business venture for joint profit, for which purpose they combine their efforts, property, money, skill, or knowledge, but not on a continuing or permanent basis for conducting business generally. A joint venture is viewed as a business entity in determining power to control its management.
(A) For bundled requirements, apply size standards for the requirement to individual persons or concerns, not to the combined assets, of the joint venture.
(B) For other than bundled requirements, apply size standards for the requirement to individual persons or concerns, not to the combined assets, of the joint venture, if--
(1) A revenue-based size standard applies to the requirement and the estimated contract value, including options, exceeds one-half the applicable size standard; or
(2) An employee-based size standard applies to the requirement and the estimated contract value, including options, exceeds $10 million.
(ii) Joint venture--acquisition and property sale assistance. Concerns bidding on a particular acquisition or property sale as joint ventures are considered as affiliated and controlling or having the power to control each other with regard to performance of the contract. Moreover, an ostensible subcontractor which is to perform primary or vital requirements of a contract may have a controlling role such to be considered a joint venturer affiliated on the contract with the prime contractor. A joint venture affiliation finding is limited to particular contracts unless the SBA size determination finds general affiliation between the parties. The rules governing 8(a) Program joint ventures are described in 13 CFR 124.513.
(iii) Where a concern is not considered as being an affiliate of a concern with which it is participating in a joint venture, it is necessary, nevertheless, in computing annual receipts, etc., for the purpose of applying size standards, to include such concern's share of the joint venture receipts (as distinguished from its share of the profits of such venture).
(iv) Franchise and license agreements. If a concern operates or is to operate under a franchise (or a license) agreement, the following policy is applicable:
In determining whether the franchisor controls or has the power to control and, therefore, is affiliated with the franchisee, the restraints imposed on a franchisee by its franchise agreement shall not be considered, provided that the franchisee has the right to profit from its effort and the risk of loss or failure, commensurate with ownership. Even though a franchisee may not be controlled by the franchisor by virtue of the contractual relationship between them, the franchisee may be controlled by the franchisor or others through common ownership or common management, in which case they would be considered as affiliated.
(v) Size determination for teaming arrangements. For size determination purposes, apply the size standard tests in paragraphs (7)(i)(A) and (B) of this section when a teaming arrangement of two or more business concerns submits an offer, as appropriate.
FAR 19.101 Size Standards - Explanation of terms.
See other FAR definitions of "affiliates."

"Affiliates." Business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly,
(1) either one controls or has the power to control the other, or
(2) a third party controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the debarment, suspension, or proposed debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred, suspended, or proposed for debarment.
FAR 9.4 Debarment, Suspension, and Ineligibility.
See other FAR definitions of "affiliates."

"Affiliates" means associated business concerns or individuals if, directly or indirectly--
(1) Either one controls or can control the other; or
(2) A third party controls or can control both.
FAR Part 2 - Definitions of Words and Terms.
See other FAR definitions of "affiliates."

"Affirm" means to uphold on appeal the lower court's ruling.
DAU CON 210 Government Contract Law Course Text - Glossary of Legal Terms .

"Affirmative action program" means a contractor's program that complies with Department of Labor regulations to ensure equal opportunity in employment to minorities and women.
FAR 22.8 Equal Employment Opportunity.

"Affordability" is the ongoing assessment of a program to ensure that it is being executed within DoD planning and funding guidelines, has sufficient resources identified and approved in the Future Years Defense Program (FYDP), and is managed based on accurate cost and manpower data. Affordability decisions are made throughout the entire acquisition cycle. The affordability decisions that have the greatest impact on cost are made early in the acquisition cycle. In that regard, the technical solution acquired has the largest impact on cost.
Navy Acquisition Reform Turbo Streamliner.

"Agency," as used in this section, means an executive agency as defined in FAR 2.101.
FAR 3.8 Limitation on the Payment of Funds to Influence Federal Transactions.
See other FAR definitions of "agency" and DFARS definition of "executive agency".

"Agency" means any executive department, military department or defense agency, or other agency or independent establishment of the executive branch.
FAR 9.4 Debarment, Suspension, and Ineligibility.
See other FAR definitions of "agency."

"Agency" means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.
FAR 24.1 Protection of Individual Privacy.
See other FAR definitions of "agency."

"Agency ethics official" means the designated agency ethics official described in 5 CFR 2638.201 and any other designated person, including--
(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-7 has been delegated by the designated agency ethics official; and
(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b).
FAR 3.104 Procurement integrity.

"Agency head" or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency.
FAR Part 2 - Definitions of Words and Terms.

"Agency labor advisor" means an individual responsible for advising contracting agency officials on Federal contract labor matters.
FAR 22.10 Service Contract Act of 1965, as Amended.

"Agency-peculiar property," as used in DoD, means military property and includes end items and integral components of military weapons systems, along with the related peculiar support equipment which is not readily available as a commercial item.
DFARS 245.301 Providing Government Property to Contractors.

"Agency-peculiar property," as used in this subpart, means Government-owned personal property that is peculiar to the mission of one agency (e.g., military or space property). It excludes Government material, special test equipment, special tooling, and facilities.
FAR 45.3 Providing Government Property to Contractors; and
FAR 45.5 Management of Government Property in the Possession of Contractors.
See DFARS definition of "agency peculiar property."

"Agreements Officer" is an individual with the authority to enter into, administer, or terminate OTs for prototype projects and make related determinations and findings.
32 CFR 3.4 Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects - Definitions.

"Air freight forwarder" means an indirect air carrier that is responsible for the transportation of property from the point of receipt to the point of destination, and utilizes for the whole or any part of such transportation the services of a direct air carrier or its agent, or of another air freight forwarder.
FAR 47.4 Air Transportation by U.S. Flag Carriers.

"Aircraft," unless otherwise provided in the Schedule, means-
(i) Aircraft to be delivered to the Government under this contract (either before or after Government acceptance), including complete aircraft and aircraft in the process of being manufactured, disassembled, or reassembled; provided that an engine, portion of a wing or a wing is attached to a fuselage of the aircraft; and
(ii) Aircraft, whether in a state of disassembly or reassembly, furnished by the Government to the Contractor under this contract, including all property installed, in the process of installation, or temporarily removed; provided that the aircraft and property are not covered by a separate bailment agreement.
DFARS 252.228-7001 Ground and Flight Risk (Sep 1996) as prescribed in DFARS 228.370(b).

"Aircraft," unless otherwise provided in the Schedule, means-
(i) Aircraft furnished by the Contractor under this contract (either before or after Government acceptance); or
(ii) Aircraft furnished by the Government to the Contractor, including all Government property placed on, installed or attached to the aircraft; provided that the aircraft and property are not covered by a separate bailment agreement.
DFARS 252.228-7002 Aircraft Flight Risk (Sep 1996) as prescribed in DFARS 228.370(c).

"All employment openings" means all positions except executive and top management, those positions that will be filled from within the Contractor's organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days duration, and part-time employment.
FAC 2001-01 December 21, 2001, page 52.2-115, FAR 52.222-35 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (Dec 2001).

"Allocability." A cost is allocable if it is assignable or chargeable to one or more cost objectives on the basis of relative benefits received or other equitable relationship.
FAR 31.201-4 Determining allocability.

"Allocate" means to assign an item of cost, or a group of items of cost, to one or more cost objectives. This term includes both direct assignment of cost and the reassignment of a share from an indirect cost pool.
FAR 31 Contract Cost Principles and Procedures.

"Allocation" means an action taken by a central nonprofit agency to designate the JWOD participating nonprofit agencies that will furnish definite quantities of supplies or perform specific services upon receipt of orders from ordering offices.
FAR 8.7 Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled.

"Allocation" is an authorization, by a DoD component designated official, making funds available within a prescribed amount to an operating agency for the purpose of making allotments (i.e., the first subdivision of an apportionment).

"Allotment" is an authorization by either the agency head or another authorized employee to incur obligations within a specific amount.  The amount allotted cannot exceed the amount apportioned.  See Apportionment.

"Allowability." The factors to be considered in determining whether a cost is allowable include the following:
(1) Reasonableness.
(2) Allocability.
(3) Standards promulgated by the CAS Board, if applicable; otherwise, generally accepted accounting principles and practices appropriate to the particular circumstances.
(4) Terms of the contract.
(5) Any limitations set forth in this subpart.
FAR 31.201-2 Determining allowability.

"Alpha contracting" is a process wherein the government team meets with the corresponding contractor team prior to negotiation to consider where cost differences and technical misunderstanding exists. Together, they work to resolve their differences and misunderstandings to the maximum extent possible during the period of interaction.
Comanche and "Alpha" Contracting, Program Manager Sep-Oct 2000.
See Navy Acquisition Reform Office - Acquisition Center for Excellence - Alpha Contracting.

"Alternate" means a substantive variation of a basic provision or clause prescribed for use in a defined circumstance. It adds wording to, deletes wording from, or substitutes specified wording for a portion of the basic provision or clause. The alternate version of a provision or clause is the basic provision or clause as changed by the addition, deletion, or substitution (see 52.105(a)).
FAR Part 2 - Definitions of Words and Terms.

"Alternative dispute resolution (ADR) " means any type of procedure or combination of procedures voluntarily usedto resolve issues in controversy. These procedures may include, but are not limited to, conciliation, facilitation, mediation, fact-finding, mini-trials, arbitration, and use of ombudsmen.
FAR 33.2 Disputes andAppeals. See www.adr.navy.mil.

"American Arbitration Association" is a provider of conflict management and dispute resolution services.
www.adr.org.

"American National Standards Institute" is a private, non-profit organization (501(c)3) that administers and coordinates the U.S. voluntary standardization and conformity assessment system.

"American Standard Code for Information Interchange (ASCII) character set" includes 128 upper and lower case letters, numerals, and special purpose symbols, each encoded by a unique 7-bit binary number.
MIL-STD-1840A, Automated Interchange of Technical Information (641 KB PDF).

"American Standard Code for Information Interchange (ASCII) text" is a subset of the ASCII character set consisting principally of the printable characters.
MIL-STD-1840A, Automated Interchange of Technical Information (641 KB PDF).

"Ammunition and explosives," as used in this clause-
(1) Means liquid and solid propellants and explosives, pyrotechnics, incendiaries and smokes in the following forms:
(i) Bulk,
(ii) Ammunition;
(iii) Rockets;
(iv) Missiles;
(v) Warheads;
(vi) Devices; and
(vii) Components of (i) through (vi), except for wholly inert items.
(2) This definition does not include the following, unless the Contractor is using or incorporating these materials for initiation, propulsion, or detonation as an integral or component part of an explosive, an ammunition or explosive end item, or of a weapon system-
(i) Inert components containing no explosives, propellants, or pyrotechnics;
(ii) Flammable liquids;
(iii) Acids;
(iv) Oxidizers;
(v) Powdered metals; or
(vi) Other materials having fire or explosive characteristics.
DFARS 252.223-7002 Safety Precautions for Ammunition and Explosives (May 1994) as prescribed in DFARS 223.370-5; and
DFARS 223.370-2 Safety precautions for ammunition and explosives.

"Annual bid bond." See "Bond."

"Annualperformancebond" See "Bond."

"Annual receipts."
(1) Annual receipts of a concern which has been in business for 3 or more complete fiscal years means the annual average gross revenue of the concern taken for the last 3 fiscal years. For the purpose of this definition, gross revenue of the concern includes revenues from sales of products and services, interest, rents, fees, commissions and/or whatever other sources derived, but less returns and allowances, sales of fixed assets, interaffiliate transactions between a concern and its domestic and foreign affiliates, and taxes collected for remittance (and if due, remitted) to a third party. Such revenues shall be measured as entered on the regular books of account of the concern whether on a cash, accrual, or other basis of accounting acceptable to the U.S. Treasury Department for the purpose of supporting Federal income tax returns, except when a change in accounting method from cash to accrual or accrual to cash has taken place during such 3-year period, or when the completed contract method has been used.
(i) In any case of change in accounting method from cash to accrual or accrual to cash, revenues for such 3-year period shall, prior to the calculation of the annual average, be restated to the accrual method. In any case, where the completed contract method has been used to account for revenues in such 3-year period, revenues must be restated on an accrual basis using the percentage of completion method.
(ii) In the case of a concern which does not keep regular books of accounts, but which is subject to U.S. Federal income taxation, "annual receipts" shall be measured as reported, or to be reported to the U.S. Treasury Department, Internal Revenue Service, for Federal income tax purposes, except that any return based on a change in accounting method or on the completed contract method of accounting must be restated as provided for in the preceding paragraphs.
(2) Annual receipts of a concern that has been in business for less than 3 complete fiscal years means its total receipts for the period it has been in business, divided by the number of weeks including fractions of a week that it has been in business, and multiplied by 52. In calculating total receipts, the definitions and adjustments related to a change of accounting method and the completed contract method of paragraph (1) of this definition, are applicable.
FAR 19.1 Size Standards.

"ANSI." See "American National Standards Institute."

"ANSI ASC X12" is the American National Standards Institute accredited standards committee for the development of uniform standards for interindustry electronic interchange of business transactions--electronic data interchange (EDI).
www.x12.org.

"Anti-Deficiency Act" was passed in 1905 and is now codified in sections of Title 31, United States Code (U.S.C.). This law limits the amount of funds available for obligation and expenditure in an attempt to avoid situations of deficient funding. Funds are only available if authorized and appropriated as to correct purpose, time, and amount. Violations of these restrictions are reported as violations of Department of Defense Directive 7200.1 of May 4, 1995, Administrative Control of Appropriations, and can result in administrative disciplinary action and possible criminal penalties. To facilitate prevention of "deficiencies" in funding, the [Navy] is required by law to establish and operate a system of administrative controls over appropriated and non-appropriated funds. These controls regulate funding amounts, purposes, and timing. This system also provides data on funds availability and facilitates determination of individuals responsible for violations.
Air Force Materiel Command Financial Management Reference System.
FAR 32.702 Contract Funding Policy provides:
"No officer or employee of the Government may create or authorize an obligation in excess of the funds available, or in advance of appropriations (Anti-Deficiency Act, 31 U.S.C. 1341), unless otherwise authorized by law. Before executing any contract, the contracting officer shall--
(a) Obtain written assurance from responsible fiscal authority that adequate funds are available or
(b) Expressly condition the contract upon availability of funds in accordance with 32.703-2.
See DoD Financial Management Regulation (DoDFMR) 7000.14-R, Volume 14, Administrative Control of Funds and Antideficiency Act Violations, March 2001.

"Anti-Deficiency Act violation" occurs when obligations in excess of amounts available are authorized or created; funds in excess of amounts available are disbursed; obligations or disbursements that exceed statutory or regulatory limitations on amounts of an appropriation that may be used for a particular purpose are made, obligations or authorizations are created in advance of funds being available, or voluntary services are accepted, or personal services are employed, in excess of that authorized by law.
DoD Directive 7200.1 of May 4, 1995, Subj: Administrative Control of Appropriations.

"Appellant" is one who appeals a lower tribunal's decision to a higher tribunal.
DAU CON 210 Government Contract Law Course Text - Glossary of Legal Terms .

"Appellee" is, on appeal, the party prevailing in the lower tribunal.
DAU CON 210 Government Contract Law Course Text - Glossary of Legal Terms .

"Applied research" means that effort which (1) normally follows basic research, but may not be severable from the related basic research, (2) attempts to determine and exploit the potential of scientific discoveries or improvements in technology, materials, processes, methods, devices, or techniques, and (3) attempts to advance the state of the art. Applied research does not include efforts whose principal aim is design, development, or test of specific items or services to be considered for sale; these efforts are within the definition of the term "development," defined in this subsection.
FAR 31.205-18 Independent research and development and bid and proposal costs.

"Applied research" means the effort that (a) normally follows basic research, but may not be severable from the related basic research; (b) attempts to determine and exploit the potential of scientific discoveries or improvements in technology, materials, processes, methods, devices, or techniques; and (c) attempts to advance the state of the art.
When being used by contractors in cost principle applications, this term does not include efforts whose principal aim is the design, development, or testing of specific items or services to be considered for sale; these efforts are within the definition of "development"; given below.
FAR Part 35 - Research And Development Contracting.

"Apportionment" is the action by which the Office of Management and Budget (OMB) distributes amounts available for obligation in an appropriation account.  The distribution makes amounts available on the basis of specified time periods (usually quarters), programs, activities, projects, objects, or combinations thereof.  The apportionment system is intended to achieve an effective and orderly use of funds.  The amounts so apportioned limit the obligations that may be incurred.

"Apprentice." See "Laborers or Mechanics."
See Apprenticeship Training, Employer and Labor Services; Proposed Collection; Equal Employment Opportunity in Apprenticeship and Training Comment Request, Federal Register of Mar 23, 2001, pp. 16296-16297.

"Appropriate technical representative (ATR)" (also referred to as approved technical representative) means an individual who has the sufficient technical experience and knowledge to provide a competent certification.
NAPS 5211.271 Elimination of Use of Class I Ozone Depleting Substances.

"Appropriation" is an authorization by an act of Congress that permits Federal agencies to incur obligations and make payments from the Treasury.  An appropriation usually follows enactment of authorizing legislation.  An appropriation act is the most common means of providing budget authority.  Appropriations do not represent cash actually set aside in the Treasury; they represent limitations of amounts which agencies may obligate during a specified time period. Appropriation types are listed below:

  • Research, Development, Test, and Evaluation (RDT&E) appropriations fund the efforts performed by contractors and government activities required for the research and development of equipment, material, computer application software, and its test and evaluation to include initial operational test and evaluation and live fire test and evaluation. RDT&E also funds the operation of dedicated research and development (R&D) installations activities for the conduct of R&D programs.
  • Procurement appropriations fund those acquisition programs that have been approved for production (to include low rate initial production (LRIP) of acquisition objective quantities), and all costs integral and necessary to deliver a useful end item intended for operational use or inventory upon delivery.
  • Operation and Maintenance (O&M) appropriations fund expenses such as civilian salaries, travel, minor construction projects, operating military forces, training and education, depot maintenance, stock funds, and base operations support.
  • Military Personnel (MP) appropriations fund costs of salaries and other compensation for active and retired military personnel and reserve forces based on end strength.
  • Military Construction (MILCON) appropriations fund major projects such as bases, schools, missile storage facilities, maintenance facilities, medical/dental clinics, libraries, and military family housing.

"Appropriation Limitation" is an amount fixed by Congress within an appropriation which cannot be exceeded.

"Approval," as used in this subpart, means the contracting officer's written notification to the contractor accepting the test results of the first article.
FAR 9.3 First Article Testing and Approval.
See First Article Testing and Approval.

"Approved purchasing system" means a contractor's purchasing system that has been reviewed and approved in accordance with this part.
FAR Part 44 - Subcontracting Policies and Procedures.

"Approving authority" means an agency official or contract adjustment board authorized to approve actions under the Act and Executive order.
FAR Part 50 - Extraordinary Contractual Actions.

"Arbitration" is a means of settling disputes between parties in which an objective outside party acts as a fact finder and a primary decision maker. By prior agreement between the parties, the rulings of an arbitrator or arbitration panel are binding and cannot be appealed.
Institute for Supply Management - Glossary of Key Purchasing and Supply Terms (Members Only).

"Arbitration" is the submission of a dispute to one or more impartial persons for a final and binding decision. Through contractual provisions, the parties may control the range of issues to be resolved, the scope of relief to be awarded, and many procedural aspects of the process.
American Arbitration Association Terms and Definitions.
See Institute for Supply Management definition of arbitration.

"Architect-engineer services," as defined in 40 U.S.C. 541, means--
(1) Professional services of an architectural or engineering nature, as defined by State law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide those services;
(2) Professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and
(3) Those other professional services of an architectural or engineering nature, or incidental services, that members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.
FAR Part 2 - Definitions of Words and Terms.

"Areawide contract" means a contract entered into between the General Services Administration (GSA) and a utility service supplier to cover utility service needs of Federal agencies within the franchise territory of the supplier. Each areawide contract includes an "Authorization form" for requesting service, connection, disconnection, or change in service.
FAR 41.1 Acquisition of Utility Services.

"Arising out of a contract with the DoD" means any act in connection with-
(i) Attempting to obtain;
(ii) Obtaining; or
(iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of Defense (DoD).
DFARS 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (Mar 1999) as prescribed in DFARS 203.570-5 Contract clause.

"Arising under a contract." See "Claim arising under a contract."

"Armed Services Board of Contract Appeals" is the authorized representative of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy and the Secretary of the Air Force, in hearing, considering and determining appeals by contractors from decisions of contracting officers or their authorized representatives or other authorities on disputed questions. These appeals may be taken pursuant to the Contract Disputes Act of 1978 (41 U.S.C. Sect. 601, et seq.), pursuant to the provisions of contracts requiring the decision by the Secretary of Defense or by a Secretary of a Military Department or their duly authorized representative or board, or pursuant to the provisions of any directive whereby the Secretary of Defense or the Secretary of a Military Department has granted a right of appeal not contained in the contract on any matter consistent with the contract appeals procedure.
DFARS Appendix A-Armed Services Board of Contract Appeals.

"Arms, ammunition, and explosives (AA&E)," as used in this subpart, means those items within the scope (chapter 1, paragraph B) of DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives.
DFARS 223.7200 Safeguarding Sensitive Conventional Arms, Ammunition, And Explosives; and
DFARS 252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives (Sep 1999) as prescribed in DFARS 223.7203.

"Article" means any shipping piece or package and its contents.
DFARS 252.247-7016 Contractor Liability for Loss or Damage (Dec 1991) as prescribed in DFARS 247.271-4(k).

"ASBCA." See "Armed Services Board of Contract Appeals."

"ASC X12." See "ANSI ASC X12."

"ASCII." See American Standard Code for Information Interchange ...."

"ASN(FM&C)" means Assistant Secretary of the Navy (Financial Management and Comptroller).
NAPS 5202.101 Definitions.

"ASN(RD&A)" means Assistant Secretary of the Navy (Research, Development and Acquisition).
NAPS 5202.101 Definitions.

"Asset depreciation range (ADR) guidelines" are used to determine allowable depreciation costs for various types of assets using useful depreciation lifetimes.
See DCAA Contract Audit Manual 7-405.2 ADR Guidelines."

"Assignment of claims" means the transfer or making over by the contractor to a bank, trust company, or other financing institution, as security for a loan to the contractor, of its right to be paid by the Government for contract performance.
FAR Part 2 - Definitions of Words and Terms.

"Assistive technology'' means technology designed to be utilized in an assistive technology device or assistive technology service.
29 U.S.C. 3002 - Assistive Technology for Individuals with Disabilities.

"Assistive technology device'' means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.
29 U.S.C. 3002 - Assistive Technology for Individuals with Disabilities.

"Assistive technology service'' means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes -
(A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual;
(B) services consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;
(C) services consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs;
(E) training or technical assistance for an individual with disabilities, or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; and
(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities.
29 U.S.C. 3002 - Assistive Technology for Individuals with Disabilities.

"Atlantic Area'' means that area described in 33 CFR 3.04-1 Atlantic Area.
Coast Guard Final Rule: Protection of Naval Vessels - Definitions.  Federal Register 13 May 2002.

"Attachment" means any documentation, appended to a contract or incorporated by reference, which does not establish a requirement for deliverables.
DFARS 204.7101 Uniform Contract Line Item Numbering System.
See "
exhibit."

"Attorney-in-fact" means an agent, independent agent, underwriter, or any other company or individual holding a power of attorney granted by a surety (see also "power of attorney" at FAR 2.101).
FAR 28 Bonds and Insurance.

"Audi alteram partem" means "understand both sides of the argument."
DAU CON 210 Government Contract Law Course Text - Glossary of Legal Terms.

"Authenticated copies" means copies that are shown to be genuine in one of two ways-
(A) Certification as true copy by signature of an authorized person; or
(B) Official seal.
DFARS 204.802(1)(i) Contract files

"Authorization" means the document executed by the ordering agency and the utility supplier to order service under an areawide contract.
FAR 41.1 Acquisition of Utility Services

"Authorization" is an act of Congress which permits a federal program or activity to begin or continue from year to year.  It sets limits on funds that can be appropriated, but does not grant funding which must be provided by a separate Congressional appropriation.

"Authorized Accounting Activity (AAA)". The code identifying the accountable station designated to maintain official accounting records for funds allocated to Navy, Marine Corps and Defense Agency organizations.
Examples of where to find the AAA if you have the accounting classification.

"Authorized individual" means a person who has been granted authority, in accordance with agency procedures, to acquire supplies and services in accordance with this part.
FAR Part 13 - Simplified Acquisition Procedures.

"Authorized official of an agency" means an officer or employee responsible for contracting, program management, audit, inspection, investigation, or enforcement of any law or regulation relating to Government procurement or the subject matter of the contract.
FAR 3.9 Whistleblower Protections for Contractor Employees.

"Authorized official of the Department of Justice" means any person responsible for the investigation, enforcement, or prosecution of any law or regulation.
FAR 3.9 Whistleblower Protections for Contractor Employees.

"Authorized program" means a program approved by the Federal Emergency Management Agency (FEMA) for priorities and allocations support under the Defense Production Act of 1950, as amended (50 U.S.C. app. 2061, et seq.), to promote the national defense. Schedule I of the DPAS lists currently authorized programs.
FAR 11.6 Priorities and Allocations.

"Auxiliary item," as used in this subpart, means an item without which the basic unit of plant equipment cannot operate.
FAR 45.5 Management of Government Property in the Possession of Contractors.

"Award term contract" sets objective performance standards that the contractor is measured against periodically. As long as the contractor meets or exceeds the standards, the contractor earns an additional option period. This model allows agencies to develop long-term relationships with top-performing contractors.
See NASA Presentation;
Army Final Report on Constructing Successful Business Relationships Compendium B; and
Award Term: The Newest Incentive, Vernon Edwards, Oct 2000.

"Awardee" is any business unit that is the direct recipient of an OT prototype agreement.
32 CFR 3.4 Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects - Definitions.

Need a definition? Clarification? Suggest a new term or definition?
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