Abacus Contract Management Definitions"BAA." See "Broad Agency Announcement" or "Buy American Act." "Background invention" is any invention--other than a subject invention--that is owned or licensed by the contractor, and that will be incorporated into contract deliverables. "Bailment" may be defined as a relationship in which goods are lawfully in the possession of someone who is not the owner. "Bailment contract" is an agreement for the delivery of personal property in trust for a specific purpose, to be returned when the specific purpose is accomplished. DAU CON 210 Government Contract Law Course Text - Glossary of Legal Terms. "Balance of Payments Program" (see FAR
Subpart 25.3) is similar to the Buy American Act in its implementation, except that it applies to the purchase of supplies for use outside the United States and construction materials for construction contracts performed outside the United States. "Ball bearings." See "Bearing Components" and "Miniature and instrument ball bearings." "Base labor index" means the average of the labor indices for the three months which consist of the month of bid opening (or offer submission) and the months immediately preceding and following that month. "Base steel index" means the Contractor's established price (see Note 6) including all applicable extras of $________ per ____________ (see Note 1) for ______________ (see Note 2) on the date set for bid opening (or the date of submission of the offer). "Baseball (Last-Offer Arbitration)." Parties negotiate to the point of impasse, then respectively submit a final offer to the arbitrator whose sole responsibility is to select one or the other. "Basic agreement" is a written instrument of understanding, negotiated between an agency or contracting activity and a contractor, that "Basic ordering agreement" is a written instrument of understanding, negotiated between an agency, contracting activity, or contracting office and a contractor, that contains "Basic research" means that research directed toward increasing knowledge in science. The primary aim of basic research is a fuller knowledge or understanding of the subject under study, rather than any practical application of that knowledge. "Bearing components" means the bearing element, retainer, inner race, or outer race. "Best practices," as used in this subpart, means techniques that agencies may use to help detect problems in the acquisition, management, and administration of service contracts. Best practices are practical techniques gained from experience that agencies may use to improve the procurement process. "Best value" means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. "Bid" means any response to a solicitation, including a proposal under a negotiated acquisition. See the definition of "offer" at 2.101. "Bid and proposal (B&P) costs" means the costs incurred in preparing, submitting, and supporting bids and proposals (whether or not solicited) on potential Government or non-Government contracts. The term does not include the costs of effort sponsored by a grant or cooperative agreement, or required in the performance of a contract. "Bid bond." See "Bond." "Bid guarantee" means a form of security assuring that the bidder- "Bid sample" means a product sample required to be submitted by an offeror to show characteristics of the offered products that cannot adequately be described by specifications, purchase descriptions, or the solicitation (e.g., balance, facility of use, or pattern). "Bid sample" means a sample to be furnished by a bidder to show the characteristics of the product offered in a bid. "Bidder" means any entity that is responding or has responded to a solicitation, including an offeror under a negotiated acquisition. "Bilateral modification (supplemental agreement)" is a contract modification that is signed by the contractor and the contracting officer. Bilateral modifications are used to- "Billing rate," as used in this subpart, means an indirect cost rate-- "Biobased product," as used in this subpart, means a commercial or industrial product (other than food or feed) that utilizes biological products or renewable domestic agricultural (plant, animal, and marine) or forestry materials. "Biometrics" refers to the automated methods of identifying or authenticating the identity of a living person based on a physical or behavioral characteristic. Unique physical traits, such as fingerprints, iris scans, voiceprints, faces, signature, or the geometry of the hand can be used. "Blanket purchase agreements (BPAs)" are a simplified method of filling anticipated repetitive needs for supplies or services by establishing "charge accounts" with qualified sources of supply (see Subpart 16.7 for additional coverage of agreements). "Bona fide agency" means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee" means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Bond" means a written instrument executed by a bidder or contractor (the "principal"), and a second party (the "surety" or "sureties") (except as provided in 28.204), to assure fulfillment of the principal's obligations to a third party (the "obligee" or "Government"), identified in the bond. If the principal's obligations are not met, the bond assures payment, to the extent stipulated, of any loss sustained by the obligee. The types of bonds and related documents are as follows: "Borrower" means a contractor, subcontractor (at any tier), or other supplier who receives a guaranteed loan. "Breach of contract" is failure to perform as agreed. "Breakout of Parts." See "Spare Parts Breakout Program." "Brief" is a written argument submitted on trial or appeal in support of pleadings. "Broad agency announcement" means a general announcement of an agency's research interest including criteria for selecting proposals and soliciting the participation of all offerors capable of satisfying the Government's needs (see 6.102(d)(2)). "Building" or "work" generally means construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing, and landscaping. The manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished) is not "building" or "work" within the meaning of the regulations in this subpart unless conducted in connection with and at the site of such building or work as is described in the foregoing sentence, or under the United States Housing Act of 1937 and the Housing Act of 1949 in the construction or development of the project. "Building Service Contract" means a contract for recurring services related to the maintenance of a public building. Recurring services are services that are required to be performed regularly or periodically throughout the course of a contract, and throughout the course of the succeeding or follow-on contract(s), at one or more of the same public buildings. E.O. 12933 [revoked by E.O. 13204] lists examples of building service contracts as including, but not limited to, contracts for the recurring provision of custodial or janitorial services; window washing; laundry; food services; guard or other protective services; landscaping and groundskeeping services; and inspection, maintenance, and repair of fixed equipment such as elevators, air conditioning, and heating systems. Building service contracts do not include-- "Buildings, structures, or other real property." See Construction." "Bundled contract" means a contract where the requirements have been consolidated by bundling. (See the definition of bundling.) "Bundling" means-- "Burden." See Undue burden." "Burden of proof" is the responsibility of providing (sic) allegations made. "Bureau helium distributor" means a private helium distributor which has established and maintains eligibility to distribute helium purchased from the Bureau of Land Management, as specified in 30 CFR 602. "Bureau of Land Management" means the- "Business combination" means a transaction whereby assets or operations of two or more companies not previously under common ownership or control are combined, whether by merger, acquisition, or sale/purchase of assets. "Business practices" are the tasks, duties, and functions performed to support the objectives of an organization. "Business unit" means any segment of an organization, or an entire business organization that is not divided into segments. "Business unit" means any segment of an organization, or an entire business organization which is not divided into segments. "Buy American Act--" "Buy American Act exemption proposed DoD rule." See Proposed DoD Buy American Act Exemption for Commercial U.S.-Made End Products, 8 Aug 2001 Federal Register. "Buying-in," as used in this section, means submitting an offer below anticipated costs, expecting to-- Need a definition? Clarification? Suggest a new term or definition? |