Abacus Contract Management Definitions"CAA." See "Commercial Area Announcement." "CACM." See "Certified Associate Contracting Manager." "CAGE code." See "Commercial and Government Entity (CAGE) code." "Canadian Commercial Corporation" is an export sales agency, wholly owned by the Government of Canada, with a broad legislated mandate to assist in the development of trade between Canada and other nations. "Canadian end product," means an article that- "Canadian end product" means an article that-- "Cancellation" means the cancellation (within a contractually specified time) of the total requirements of all remaining program years.
Cancellation results when the contracting officer-- "Cancellation ceiling" means the maximum cancellation charge that the contractor can receive in the event of cancellation. "Cancellation charge" means the amount of
unrecovered costs which would have been recouped through amortization over the full term of the
contract, including the term canceled. "Capping of annual funding increments," if unreasonable, is generally an unacceptable practice in defense research and development contracts. "Captured person" means any employee of the
Contractor who is- "Caribbean Basin country" means any of the following countries: "Caribbean Basin country end product"- "Caribbean Basin country end product" includes petroleum or any product derived from petroleum. "Caribbean Basin country end product"-- "Carrier" or "commercial carrier" means a common carrier or a contract carrier. "CASB." See "Cost Accounting Standards Board." "Catalog" means any medium by which the Contractor publicly announces terms and conditions for enrollment in the Contractor's institution, including tuition and fees to be charged. This includes "bulletin," "announcement," or any other similar word the Contractor may use. "Catalog price" means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public. FAR Part 2 - Definitions of Words and Terms - Commercial item (FAC 2001-01, December 21, 2001). "CBD." See "Commerce Business Daily." "CCC." See "Canadian Commercial Corporation." "CCO" means the "Chief of the Contracting Office". The CCO is the official who has overall responsibility for managing the entire contracting office and includes the principal deputy to such official. "CCR." See "Central Contractor Registration (CCR) database." "Central Contractor Registration (CCR) database" means the primary DoD repository for contractor information required for the conduct of business with DoD. "Central nonprofit agency" means National Industries for the Blind (NIB), which has been designated to represent people who are blind; or NISH, which has been designated to represent JWOD participating nonprofit agencies serving people with severe disabilities other than blindness. "Central procurement" means the procurement of materiel, supplies, or services by an officially designated command or agency with funds specifically provided for such procurement for the benefit and use of the entire component or, in the case of single managers, for the Military Departments as a whole. "Certificate of Competency (COC)" is the certificate issued by the Small Business Administration (SBA) stating that the holder is responsible (with respect to all elements of responsibility, including, but not limited to, capability, competency, capacity, credit, integrity, perseverance, tenacity, and limitations on subcontracting) for the purpose of receiving and performing a specific Government contract. "Certificate of Independent Price Determination." See FAR 52.203-2 Certificate of Independent Price Determination (Apr 1985) as prescribed in FAR 3.103-1 Safeguards - Independent pricing - Solicitation provision. "Certified Associate Contracting Manager (CACM)" is a professional certification awarded by the National Contract Management Association (NCMA). "Certified Professional Contracting Manager (CPCM)" is the highest level certification awarded by the National Contract Management Association (NCMA). "Certified Purchasing Manager (C.P.M.)" is the highest level certification awarded by the Institute for Supply Management, formerly the National Association of Purchasing Managers. "Change-of-name agreement" means a legal instrument executed by the contractor and the Government that recognizes the legal change of name of the contractor without disturbing the original contractual rights and obligations of the parties. "Change order" means a written order, signed by the contracting officer, directing the contractor to make a change that the Changes clause authorizes the contracting officer to order without the contractor's consent. "Chief of the Contracting Office." See CCO. "Child care services" means child protective services (including the investigation of child abuse and neglect reports), social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), foster care, residential care, recreational or rehabilitative programs, and detention, correctional, or treatment services. "CICA." See Competition in Contracting Act. "CIPR." See Contractor Insurance/Pension Review. "Civil aircraft and related articles" means-- "Civil judgment" means a judgment or finding of a civil offense by any court of competent jurisdiction. "Civil Reserve Air Fleet" is a program in which the Department of Defense uses aircraft owned by a US entity or citizen. The aircraft are allocated by the Department of Transportation to augment the military airlift capability of the Department of Defense. These aircraft are allocated, in accordance with DOD requirements, to segments, according to their capabilities, such as International Long Range and Short Range Cargo and Passenger sections, National (Domestic and Alaskan sections) and Aeromedical Evacuation and other segments as may be mutually agreed upon by the Department of Defense and the Department of Transportation. Also called CRAF. See also reserve. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. "Claim" means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under the Contract Disputes Act of 1978 until certified as required by the Act. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time. "Claim" means the same as the language in 33.201. "Claim" means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum
certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under the Contract Disputes Act of 1978 until certified as required by the Act and 33.207. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or
is not acted upon in a reasonable time. "Claim arising under a contract" is a claim that can be resolved under a contract clause, other than the clause at 52.233-1, Disputes , that provides for the relief sought by the claimant; however, relief for such claim can also be sought under the clause at 52.233-1. A claim relating to a contract is a claim that cannot be resolved under a contract clause other than the clause at 52.233-1.) This distinction is recognized by the clause with its Alternate I (see 33.215). "Claim relating to a contract" is a claim that cannot be resolved under a contract clause other than the clause at 52.233-1. A "claim arising under a contract" is a claim that can be resolved under a contract clause, other than the clause at 52.233-1, Disputes, that provides for the relief sought by the claimant; however, relief for such claim can also be sought under the clause at 52.233-1. This distinction is recognized by the clause with its Alternate I (see 33.215). "Clarifications and award without discussions..."
Clarifications are limited exchanges, between the Government and offerors, that may occur when
award without discussions is contemplated. "Classification." The determination that official information
requires, in the interests of national security, a specific degree of protection against unauthorized disclosure, coupled with a designation signifying that such a determination has been made. See also security classification. "Classified acquisition" means an acquisition that consists of one or more contracts in which offerors would be required to have access to classified information (Confidential, Secret, or Top Secret) to properly submit an offer or quotation, to understand the performance requirements of a classified contract under the acquisition, or to perform the contract. "Classified contract" means any contract that requires, or will require, access to classified information (Confidential, Secret, or Top Secret) by the contractor or its employees in the performance of the contract. A contract may be a classified contract even though the contract document is not classified. "Classified information" means any information or material, regardless of its physical form or characteristics, that is owned by, produced by or for, or under the control of the United States Government, and determined pursuant to Executive Order 12356, April 2, 1982 (47 FR 14874, April 6, 1982) or prior orders to require protection against unauthorized disclosure, and is so designated. "Clause" as used in these procedures includes provisions and means a term or condition of the solicitation/contract of the type set forth in FAR Part 52 / DFARS Part 252 / Part 5252. A clause includes everything in parts B through M of a solicitation/contract except: "Clause" means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award. "Cognizant Federal agency" means the Federal agency that, on behalf of all Federal agencies, is responsible for establishing final indirect
cost rates and forward pricing rates, if applicable, and administering cost accounting standards for all contracts in a business unit. "Collaborative purchase" is a method of purchase whereby, in buying similar commodities, buyers for two or more departments exchange information concerning planned purchases in order to minimize competition between them for commodities in the same market. "Collateral costs" means agency costs of operation, maintenance, logistic support, or Government-furnished property. "Collateral savings" means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes. "Collective bargaining agreement," for purposes of Sec. 470.2, means an agreement entered into by the representative of a Federal agency and the exclusive representative of employees in an appropriate unit in the agency, as a result of those representatives performing their mutual obligation to: (1) Meet at reasonable times; and (2) Consult and bargain in a good-faith effort to reach agreement, with respect to the conditions of employment affecting the employees in the unit; and (3) Execute, if requested by either party, a written document incorporating any collective bargaining agreement reached through such meetings, consultation, and bargaining. "Commerce Business Daily (CBD)" means the publication of the Secretary of Commerce used to fulfill statutory requirements to publish certain public notices in paper form. "Commercial advance payment," as used in this subsection, means a payment made before any performance of work under the contract. The aggregate of these payments shall not exceed 15 percent of the contract price. These payments are contract financing payments for prompt payment purposes (i.e., not subject to the interest penalty provisions of the Prompt Payment Act in accordance with Subpart 32.9). These payments are not subject to Subpart 32.4, Advance Payments for Non-Commercial Items. "Commercial and Government
Entity (CAGE) code" means- "Commercial Area Announcement (CAA)" is an innovative commercial contracting technique used by contracting activities seeking breakthrough commercial solutions. More detail and a sample CAA can be found at Advance NAPS Notice 18 Sep 2000 Subpart 5212.9000 Model Commercial Contracting Strategy (pdf file). "Commercial carrier" or "carrier" means a common carrier or a contract carrier. "Commercial component" means any component that is
a commercial item. "Commercial computer software" means software developed or regularly used for non-governmental purposes which- "Commercial interim payment" means any payment that is not a commercial advance payment or a delivery payment. These payments are contract financing payments for prompt payment purposes (i.e., not subject to the interest penalty provisions of the Prompt Payment Act in accordance with Subpart 32.9). A commercial interim payment is given to the contractor after some work has been done, whereas a commercial advance payment is given to the contractor when no work has been done. "Commercial item" means-- "Commercial item" means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation. "Commercial item" does not include commercial computer software. "Commercial item" is one customarily used for nongovernmental purposes that has been or will be sold, leased, or licensed (or offered for sale, lease, or license) to the general public. An item that includes modifications customarily available in the commercial marketplace or minor modifications [defined in the definition of commercial items in FAR, Part 2] made to meet federal government requirements is still a commercial item. In addition, services such as installation, maintenance, repair, and training that are procured for support of an item described above are considered commercial items if they are offered to the public under similar terms and conditions or sold competitively in substantial quantities based on established catalog or market prices. "Commercial item offer" means an offer of a commercial item that the vendor wishes to see introduced in the Government's supply system as an alternate or a replacement for an existing supply item. This term does not include innovative or unique configurations or uses of commercial items that are being offered for further development and that may be submitted as an unsolicited proposal. "Commercial off-the-shelf (COTS) item" is one that is sold, leased, licensed to the general public; offered by a vendor trying to profit from it [this distinguishes the item from components that are built by a commercial entity for its own use and are subsequently offered to the program, but not to the wider commercial marketplace]; supported and evolved by the vendor [the item could also be supported under special license agreement such that the vendor retains responsibility for the product] who retains the intellectual property rights; available in multiple, identical copies; and used without modification of the internals. "Commercial operations and support savings initiative (COSSI)" program was designed to improve readiness and reduce operations and support costs by inserting existing commercial items or technology into military legacy systems. "Commercial plan" means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line). "Committee" means the Committee for Purchase from People Who Are Blind or Severely Disabled. "Commodity rate" is- "Common carrier" means any entity engaged in the business of providing telecommunications services which are regulated by the Federal Communications Commission or other governmental body. "Common carrier" means a person holding itself out to the general public to provide transportation for compensation. "Common item," as used in this subpart, means material that is common to the applicable Government contract and the contractor's other work. "Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Communications with offerors before establishment
of the competitive range." Communications are exchanges, between the Government and offerors, after receipt of proposals, leading to establishment of the competitive range. "Community of Practice (CoP)" is "a method for providing context to the information and process knowledge contained within an organization"...in this case, the DoD's acquisition workforce. The Navy's Acquisition Reform Office and the Defense Acquisition University have joined forces to develop a web portal that provides anytime, anywhere support to the program management community. The PM CoP's preliminary focus area's include Risk Management, Contract Management, Systems Engineering, and Total Ownership Cost. "Company" means all divisions, subsidiaries, and affiliates of
the contractor under common control. "Compensated personal absence" means any absence from work for reasons such as illness, vacation, holidays, jury duty, military training, or personal activities for which an employer pays compensation directly to an employee in accordance with a plan or custom of the employer. "Compensation" means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual. "Compensation" means the total amount of wages, salary, bonuses, deferred compensation (see paragraph (k) of this subsection), and employer contributions to defined contribution pension plans (see paragraphs (j)(5) and (j)(8) of this subsection), for the fiscal year, whether paid, earned, or otherwise accruing, as recorded in the contractor's cost accounting records for the fiscal year. "Compensation for personal services" includes all remuneration paid currently or accrued, in whatever form and whether paid immediately or deferred, for services rendered by employees to the contractor during the period of contract performance (except as otherwise provided for in other paragraphs of this subsection). It includes, but is not limited to, salaries; wages; directors' and executive committee members' fees; bonuses (including stock bonuses); incentive awards; employee stock options, and stock appreciation rights; employee stock ownership plans; employee insurance; fringe benefits; contributions to pension, other postretirement benefits, annuity, and employee incentive compensation plans; and allowances for off-site pay, incentive pay, location allowances, hardship pay, severance pay, and cost of living differential. "Competent" means the ability of an offeror to satisfy the requirements of the solicitation. This determination is based on a comprehensive assessment of each offeror's proposal including consideration of the specific areas of evaluation criteria in the relative order of importance described in the solicitation. "Competition in Contracting Act of 1984" See 41 U.S.C. 253. "Competitive range" is established in accordance with FAR 15.306. It consists of all the most highly rated proposals, unless the range is further reduced for purposes of efficiency. "Compliance evaluation" means any one or combination of actions that the Office of Federal Contract Compliance Programs (OFCCP) may take to examine a Federal contractor's compliance with one or more of the requirements of E.O. 11246. "Component" means any item supplied to the Government as part of an end item or of another component, except that for use in 52.225-9 and 52.225-11, see the definitions in 52.225-9(a) and 52.225-11(a). "Component" means an article, material, or supply incorporated directly into an [end product] or [construction material]. "Component" means any item supplied to the Government as part of an end item or of another component. "Component" means any article, material, or supply incorporated directly into construction materials. "Component," as used in this appendix, includes subsystems, assemblies, subassemblies, and other major elements of an end item; it does not include elements of relatively small annual acquisition value. "Components" means those articles, materials, and supplies directly incorporated into end products. "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor. "Computer data base" means a collection of data recorded in a form capable of being processed by a computer. The term does not include computer software. "Computer program" means a set of instructions, rules, or routines recorded in a form that is capable of causing a computer to perform a specific operation or series of operations. "Computer software" means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation. "Computer software" means computer programs, computer data bases, and related documentation. "Computer software documentation" means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software. "Concern" means any business entity organized for profit (even if its ownership is in the hands of a nonprofit entity) with a place of business located in the United States and which makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, material and/or labor, etc. "Concern" includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of making affiliation findings (see 19.101) any business entity, whether organized for profit or not, and any foreign business entity, i.e., any entity located outside the United States, shall be included. "Conciliation" is often used interchangeably with "mediation" as a method of dispute settlement whereby parties clarify issues and narrow differences through the aid of a neutral facilitator. "Concurrent contract savings." See "Acquisition Savings." "Conditional acceptance" means acceptance of supplies or services that do not conform to contract quality requirements, or are otherwise incomplete, that the contractor is required to correct or otherwise complete by a specified date. "Confidential." See "Security classification. "Conformed copies" means copies that are complete and accurate, including the date signed and the names and titles of the parties who signed them. "Congressional defense committees" means- "Connection charge" means all nonrecurring costs, whether refundable or nonrefundable, to be paid by the Government to the utility supplier for the required connecting facilities, which are installed, owned, operated, and maintained by the utility supplier (see Termination liability). "Consent of surety" means an acknowledgment by a surety that its bond given in connection with a contract continues to apply to the contract as modified. "Consent to subcontract" means the contracting officer's written consent for the prime contractor to enter into a particular subcontract. "Construction" means construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. For purposes of this definition, the terms "buildings, structures, or other real property" include, but are not limited to, improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, cemeteries, pumping stations, railways, airport facilities, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, and channels. Construction does not include the manufacture, production, furnishing, construction, alteration, repair, processing, or assembling of vessels, aircraft, or other kinds of personal property. "Construction" means the construction, rehabilitation, alteration, conversion, extension, demolition, or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term construction also includes the supervision, inspection, and other on-site functions incidental to the actual construction. "Construction activity" means an activity at any organizational level of the DoD that-. "Construction, alteration, or repair" means all types of work done on a particular building or work at the site thereof, including without limitation, altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work by persons employed by the contractor or subcontractor. "Construction material" means an article, material, or supply brought to the construction site by a contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Construction work site" means the general physical location of any building, highway, or other change or improvement to real property which is undergoing construction, rehabilitation, alteration, conversion, extension, demolition, or repair, and any temporary location or facility at which a contractor or subcontractor meets a demand or performs a function relating to the contract or subcontract. "Consumer product" means any article (other than an automobile, as defined in section 501(1) of the Motor Vehicle Information and Cost Savings
Act) that-- "Contiguous United States (CONUS)" means the 48 contiguous States and the District of Columbia. "Continental United States." See "CONUS." "Contingency," as used in this subpart, means a possible future event or condition arising from presently known or unknown causes, the outcome
of which is indeterminable at the present time. "Contingency." An emergency involving military forces caused by natural disasters, terrorists, subversives, or by required military operations. Due to the uncertainty of the situation, contingencies require plans, rapid response, and special procedures to ensure the safety and readiness of personnel, installations, and equipment. See also contingency contracting. "Contingency contracting." Contracting
performed in support of a peacetime contingency in an overseas location pursuant to the policies and procedures of the Federal Acquisition Regulatory System. See also contingency. "Contingent fee" means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Continued portion of the contract" means the portion of a contract that the contractor must continue to perform following a partial termination. "Continued portion of the contract" means the portion of a partially terminated contract that the contractor must continue to perform. "Contract" means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see Part 16. "Contract," for purposes of the post-employment restrictions at 3.104-4(d), includes both competitively awarded and non-competitively awarded contracts. "Contract" is intended to refer to a contract for construction or a contract for architect-engineer services, unless another meaning is clearly intended. "Contract" means, unless otherwise indicated, any Government contract or subcontract. "Contract action" means an action which results in a contract. "Contract action" means an action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. "Contract administration office" also means a contract management office of the Defense Contract Management Agency. "Contract administration office" means an office, other than the contracting office, which awards or executes contracting actions on behalf of the contracting office, including actions relating to the settlement of terminated contracts. "Contract administration office" means an office that performs-- "Contract carrier" means a person providing transportation for compensation under continuing agreements with one person or a limited number of persons. "Contract clause" or "clause" means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award. "Contract financing payment" means a Government disbursement of monies to a contractor under a contract clause or other authorization prior to acceptance of supplies or services by the Government. Contract financing payments include advance payments, progress payments based on cost under the clause at 52.232-16, Progress Payments, progress payments based on a percentage or stage of completion (see 32.102(e)(1)) other than those made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts or the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts, and interim payments on cost-type contracts. Contract financing payments do not include invoice payments or payments for partial deliveries. "Contract financing payment" means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government. "Contract maintenance" is the maintenance of materiel performed under contract by commercial organizations (including prime contractors) on a one-time or continuing basis, without distinction as the level of maintenance accomplished. "Contract modification" means any written change in the terms of a contract (see 43.103). "Contract quality requirements," means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the contractor, to assure that the product or service conforms to the contractual requirements. "Contract savings." See "Acquisition Savings." "Contract type." See FAR Part 16 - Types of Contracts. "Contract Work Hours and
Safety Standards Act (40 U.S.C. 327-333) requires that certain contracts (see 22.305) contain a clause (see 52.222-4) specifying that no laborer or mechanic doing any part of the work contemplated by the contract shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at not less than 1 1/2 times the basic rate of pay (see 22.301). "Contracting" means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements. "Contracting action" means any action related to the purchasing, renting, or leasing of supplies, services, or construction. The term does not include grants or cooperative agreements. The term includes, but is not limited to, the following: "Contracting action," as used in this part, means an action resulting in a contract, as defined in Subpart 2.101, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. "Contracting activity" means an element of an agency designated by the agency head and delegated broad authority regarding acquisition functions. "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- |