"Earned Value Management System (EVMS)." Industry developed set of 32 standards adopted for use by DoD in 1996 for evaluation of contractor management systems. A listing of the standards is contained in DoD 5000.2-R, Mandatory Procedures for Major Defense Acquisition Programs (MDAPs) and Major Automated Information System (MAIS) Acquisition Programs. The EVMS replaced the Cost/Schedule Control Systems Criteria (C/SCSC) which contained 35 standards for evaluation of contractor management systems. Contractors with systems formally recognized by DoD as meeting the 35 C/SCSC standards prior to November 1996 are considered compliant with the 32 EVMS standards.
DSMC Glossary of Defense Acquisition Acronyms and Terms (2001).

"ebXML" is a worldwide effort to develop a common framework for using XML to facilitate data exchange. A critical part of the initiative combines a definition of business processes with an identification of core components used in most business messages. The XML standards proposed by ASC X12 and EWG will build on the ebXML framework.
See Xml.org, Xml.com, and Xml.gov, as well as www.ebxml.org/.

"Economic price adjustment." See FAR 16.203 Fixed-price contracts with economic price adjustment.

"Economy Act" authorizes agencies to enter into mutual agreements to obtain supplies or services by inter-agency acquisition. Economy Act (31 U.S.C. 1535). The Economy Act also provides authority for placement of orders between major organizational units within an agency; procedures for such intra-agency transactions are addressed in agency regulations.
FAR 17.500(a) and FAR 17.502(a) Interagency Acquisitions Under the Economy Act.

"E-Day." 1 Jan 2002. See "Euro."

"EDI." See Electronic data interchange.

"Educational service agreement" is not a contract, but is an ordering agreement under which the Government may order educational services.
DFARS 237.7200(b) Educational Service Agreement.

"Effective competition," as used in this part, is a market condition that exists when two or more contractors, acting independently, actively contend for the Government's business in a manner that ensures that the Government will be offered the lowest cost or price alternative or best technical design meeting its minimum needs.
FAR 34 Major System Acquisition.

"Effective date"--
(1) For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.
(2) For a supplemental agreement, the effective date shall be the date agreed upon by the contracting parties.
(3) For a modification issued as a confirming notice of termination for the convenience of the Government, the effective date of the confirming notice shall be the same as the effective date of the initial notice.
(4) For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.
(5) For a modification confirming the termination contracting officer's previous letter determination of the amount due in settlement of a contract termination for convenience, the effective date shall be the same as the effective date of the previous letter determination.
FAR 43.1 Contract Modifications.

"Effective date of termination" means the date on which the notice of termination requires the contractor to stop performance under the contract. If the contractor receives the termination notice after the date fixed for termination, then the effective date of termination means the date the ontractor receives the notice.
FAR Part 2 - Definitions of Words and Terms.

"Effectively owned or controlled" means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror's officers or a majority of the Offeror's board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations).
DFARS252.209-7002 Disclosure of Ownership or Control by a Foreign Government (Sep 1994) as prescribed in DFARS 209.104-70(b) Solicitation provisions.

"EFT." See "Electronic Funds Transfer."

"Electronic and Information Technology (EIT)" has the same meaning as information technology" except EIT also includes any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. The term EIT, includes, but is not limited to, telecommunication products (such as telephones), information kiosks and transaction machines, worldwide websites, multimedia, and office equipment (such as copiers and fax machines).
FAR Part 2 - Definitions of Words and Terms.

"Electronic commerce" means electronic techniques for accomplishing business transactions including electronic mail or messaging, World Wide Web technology, electronic bulletin boards, purchase cards, electronic funds transfer, and electronic data interchange.
FAR Part 2 - Definitions of Words and Terms.

"Electronic data interchange (EDI)" means a technique for electronically transferring and storing formatted information between computers utilizing established and published formats and codes, as authorized by the applicable Federal Information Processing Standards.
FAR Part 2 - Definitions of Words and Terms.

"Electronic Funds Transfer (EFT)" means any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. The term includes Automated Clearing House transfers, Fedwire transfers, and transfers made at automatic teller machines and point-of-sale terminals. For purposes of compliance with 31 U.S.C. 3332 and implementing regulations at 31 CFR part 208, the term "electronic funds transfer" includes a Governmentwide commercial purchase card transaction.
FAR Part 2 - Definitions of Words and Terms.

"Electronic Funds Transfer information (EFT)" means information necessary for making a payment by EFT through specified EFT mechanisms.
FAR 32.1102 Electronic Funds Transfer Definitions.

"Electronic posting system" is an agency-wide, Internet-based application for creating synopses and solicitations posted to the Commerce Business Daily and providing vendor access to agency business opportunities. See "FedBizOpps."

"Electronic signature'' is a method of signing an electronic message that--
(A) identifies and authenticates a particular person as the source of the electronic message; and
(B) indicates such person's approval of the information contained in the electronic message.'' (Government Paperwork Elimination Act, section 1709(1)).
Federal Register May 2, 2000 OMB Procedures and Guidance Implementation of the Government Paperwork Elimination Act.
See "Digital Signature."

"Eligible end product," as used in this clause, means-
(1) "Designated country end product," "Caribbean Basin country end product," or "NAFTA country end product," as defined in the Trade Agreements clause of this contract;
(2) "NAFTA country end product," as defined in the Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program clause of this contract; or
(3) "Canadian end product," as defined in Alternate I of the Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program clause of this contract.
DFARS 252.225-7037 Duty-Free Entry--Eligible End Products (Aug 2000) as prescribed in DFARS 225.1101(14).

"Eligible offer" means an offer of an eligible product. When the solicitation specifies that award will be made on a group of line items, an eligible offer means a foreign offer where the combined proposed price of the eligible products and the domestic end products exceeds 50 percent of the total proposed price of the group.
FAR 25 Foreign Acquisition.

"Eligible product" means, instead of the definition at FAR 25.003, a designated, NAFTA, or Caribbean Basin country end product in the categories listed in 225.401-70.
DFARS 225 Foreign Acquisition.

"Eligible product" means a foreign end product that is not subject to discriminatory treatment under either the Buy American Act or the Balance of Payments Program, due to applicability of a trade agreement to a particular acquisition.
FAR 25 Foreign Acquisition.

"Emerging SDB protege firm" is a small disadvantaged business whose size is no greater than 50 percent of the Small Business Administration (SBA) numerical size standard applicable to the North American Industry Classification System (NAICS) code for the supplies or services that the protege firm provides or would provide to the mentor firm.
DFARS Appendix I - Policy and Procedures for the DoD Pilot Mentor-Protege Program.

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.
FAR 52.212-3 Offeror Representations and Certifications--Commercial Items (May 2001) as prescribed in FAR 12.301(b)(2).

"Emerging small business," as used in this subpart, means a small business concern whose size is no greater than 50 percent of the numerical size standard applicable to the North American Industry Classification System (NAICS) code assigned to a contracting opportunity.
FAR 19.10 Small Business Competitiveness Demonstration Program.

"Emerging small business reserve amount," for the designated groups described in 19.1005, means a threshold established by the Office of Federal Procurement Policy of--
(1) $25,000 for construction, refuse systems and related services, and nonnuclear ship repair; and
(2) $50,000 for architectural and engineering services.
FAR 19.10 Small Business Competitiveness Demonstration Program.

"Employee" means an employee of a contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other contract employee who has other than a minimal impact or involvement in contract performance.
FAR 23.5 Drug-Free Workplace.

"Employee in a sensitive position," as used in this clause, means an employee who has been granted access to classified information; or employees in other positions that the Contractor determines involve national security, health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.
DFARS 252.223-7004 Drug-Free Work Force (Sep 1998) as prescribed in 223.570-4.

"Employee notice clause" means the contract clause that Government contracting departments and agencies must include in all nonexempt Government contracts and subcontracts pursuant to Executive Order 13201.
Proposed Rule - Department of Labor, Office of Labor-Management Standards - 29 CFR Part 470 - Obligations of Federal Contractors and Subcontractors; Notice of Employee Rights Concerning Payment of Union Dues or Fees, Federal Register: October 1, 2001.

"Employee Polygraph Protection Act" (29 US Code Chapter 22) prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment.
Department of Labor Handbook - Employee Polygraph Protection Act of 1988.

"Employer identification number," as used in this clause, means the Federal Social Security number used on the employer's quarterly Federal tax return, U.S. Treasury Department Form 941.
FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999) as prescribed in FAR 22.810(f).

"Empowerment Contracting." See Executive Order 13005, 21 May 1996, Empowerment Contracting.

"End product" means those articles, materials, and supplies to be acquired for public use under the contract. For this contract, the end products are the line items to be delivered to the Government (including supplies to be acquired by the Government for public use in connection with service contracts, but excluding installation and other services to be performed after delivery).
DFARS 252.225-7001 Buy American Act and Balance of Payments Program (Mar 1998) as prescribed in DFARS 225.1101(2);
DFARS 252.225-7007 Buy American Act--Trade Agreements--Balance of Payments Program (Sep 2001) as prescribed in DFARS 225.1101(6);
DFARS 252.225-7021 Trade Agreements (Sep 2001) as prescribed in DFARS 225.1101(11); and
DFARS 252.225-7036 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program (Mar 1998)as prescribed in DFARS 225.1101(13).
See FAR definition of "end product.".

"End product" means supplies delivered under a line item of a Government contract.
FAR Part 2 - Definitions of Words and Terms;
FAR 52.225-3 Buy American Act--North American Free Trade Agreement--Israeli Trade Act--Balance of Payments Program (Feb 2000) as prescribed in FAR 25.1101(b)(1)(i); and
FAR 25 Foreign Acquisition.
See DFARS definition of "end product.".

"End product" means those articles, materials, and supplies to be acquired under the contract for public use.
FAR 52.225-1 Buy American Act--Balance of Payments Program--Supplies (Feb 2002);
FAR 52.225-3 Buy American Act--North American Free Trade Agreement--Israeli Trade Act--Balance of Payments Program (Feb 2002); and
FAR 52.225-5 Trade Agreements (Feb 2002).
FAR Part 25 Foreign Acquisition - Definitions.
Definitions of 'Component' and 'End Product,' Federal Register, Dec 18, 2001, pp. 65349-65351, FAC 2001-02, effective Feb 19, 2002.

"End users" are those people who will be using the system in the operational environment.
Commercial Item Acquisition: Considerations and Lessons Learned, June 26, 2000, p. 3.

"Energy efficiency standard" means a performance standard that--
(a) Prescribes a minimum level of energy efficiency for a covered product, determined by test procedures prescribed under 42 U.S.C. 6293; and
(b) Includes any other requirements that the Secretary of Energy may prescribe under 42 U.S.C. 6295(c).
FAR 23.2 Energy Conservation.

"Energy-efficient product" means a product in the upper 25 percent of efficiency for all similar products or, if there are applicable Federal appliance or equipment efficiency standards, a product that is at least 10 percent more efficient than the minimum Federal standard.
FAR Part 2 - Definitions of Words and Terms.

"Energy-efficient product means a product that--
(1) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or
(2) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program.
See Energy-Efficiency of Supplies and Services, Federal Register: December 18, 2001, pp. 65351-65353, FAC 2001-02, effective Feb 19, 2002.

"Energy-efficient standby power devices" means products that--
(1) Include an external or internal power supply; and
(2) Use no more than one watt of electricity in their standby power consuming mode or meet recommended low standby levels as designated by the Department of Energy Federal Energy Management Program.
See FAR Proposed Rule: Energy-Efficient Standby Power Devices, Federal Register 16 Oct 2002.

"Energy-savings performance contract" means a contract that requires the contractor to--
(1) Perform services for the design, acquisition, financing, installation, testing, operation, and where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations;
(2) Incur the costs of implementing the energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel in exchange for a predetermined share of the value of the energy savings directly resulting from implementation of such measures during the term of the contract; and
(3) Guarantee future energy and cost savings to the Government.
FAR Part 2 - Definitions of Words and Terms.
See Energy-Efficiency of Supplies and Services, Federal Register: December 18, 2001, pp. 65351-65353, FAC 2001-02, effective Feb 19, 2002.

"Energy use and efficiency label" means a label provided by a manufacturer of a covered product under 42 U.S.C. 6296.
FAR 23.2 Energy Conservation.

"Engineering and Technical Services." See "Advisory and assistance services."

"Enterprise Software Agreement," as used in this subpart, means an agreement or a contract that is used to acquire designated commercial software or related services such as software maintenance.
DFARS 208.7401 Enterprise Software Agreements -- Definitions, effective and pursuant to Federal Register, 25 Oct 2002.

"Enterprise Software Initiative," as used in this subpart, means an initiative led by the DoD Chief Information Officer to develop processes for DoD-wide software asset management.
DFARS 208.7401 Enterprise Software Agreements -- Definitions, effective and pursuant to Federal Register, 25 Oct 2002.

"Entity controlled by a foreign government"-
(i) Means-
(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or
(B) Any individual acting on behalf of a foreign government.
(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992.
DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign Government (Sep 1994) as prescribed in DFARS 209.104-70(b) Solicitation provisions.

"Entity of the Government." See Government."

"Environmental Protection Agency" was established in 1970 to consolidate in one agency a variety of federal research, monitoring, standard-setting and enforcement activities to ensure environmental protection. EPA's stated mission is to protect human health and to safeguard the natural environment--air, water, and land--upon which life depends.

"Environmentally preferable" means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition,production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.
FAR Part 2 - Definitions of Words and Terms; and
Environmentally Preferable Purchasing.

"E.O. 11246" means Parts II and IV of Executive Order 11246, September 24, 1965 (30 FR 12319), and any Executive order amending or superseding this order (see 22.802). This term specifically includes the Equal Opportunity clause at 52.222-26, and the rules, regulations, and orders issued pursuant to E.O. 11246 by the Secretary of Labor or a designee.
FAR 22.8 Equal Employment Opportunity.

"EPA" See "Economic price adjustment" or "Environmental Protection Agency."

"EPA-designated product," as used in this subpart, means a product--
(1) That is or can be made with recovered material;
(2) That is listed by EPA in a procurement guideline (40 CFR part 247); and
(3) For which EPA has provided purchasing recommendations in a related Recovered Materials Advisory Notice (RMAN).
FAR 23.4 Use of Recovered Materials.

"EPPA." See Employee Polygraph Protection Act."

"Equal Opportunity clause" means the clause at 52.222-26, Equal Opportunity," as prescribed in 22.810(e).
FAR 22.8 Equal Employment Opportunity.
See Department of Labor (EEO) and U.S. Commission on Civil Rights.

"Equitable adjustment." See Contract Pricing Reference Guides, Vol 4 - Advanced Issues in Contract Pricing, Ch 6 - Pricing Equitable Adjustments and Settlements.

"Established price" means a price which is an established catalog or market price for a commercial item sold in substantial quantities to the general public.
DFARS 252.216-7000 Economic Price Adjustment--Basic Steel, Aluminum, Brass, Bronze, or Copper Mill Products (Jul 1997) as prescribed in DFARS 216.203-4-70(a).

"Established price" is-
(1) A price which is an established catalog or market price of a commercial item sold in substantial quantities to the general public; and
(2) The net price after applying any applicable standard trade discounts offered by the Contractor from its catalog, list, or schedule price. (But see Note 6.)
DFARS 252.216-7001 Economic Price Adjustment--Nonstandard Steel Items (Jul 1997) as prescribed in DFARS 216.203-4-70(b).

"Estimating costs" means the process of forecasting a future result in terms of cost, based upon information available at the time.
FAR 31 Contract Cost Principles and Procedures.

"Estimating system" means the Contractor's policies, procedures, and practices for generating estimates of costs and other data included in proposals submitted to customers in the expectation of receiving contract awards. Estimating system includes the Contractor's-
(1) Organizational structure;
(2) Established lines of authority, duties, and responsibilities;
(3) Internal controls and managerial reviews;
(4) Flow of work, coordination, and communication; and
(5) Estimating methods, techniques, accumulation of historical costs, and other analyses used to generate cost estimates.
DFARS 252.215-7002 Cost Estimating System Requirements (Oct 1998) as prescribed in DFARS 215.408(2); and
DFARS 215.407-5-70 Disclosure, maintenance, and review requirements.

"Ethics." See http://ethics.navy.mil/.

"Euro" is the singular official currency of Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, and Spain, effective 1 Jan 2002 (E-Day).
See Intranet: Euro Conversion.

"Excess personal property" means any personal property (see 45.601) under the control of a Federal agency that the agency head or a designee determines is not required for its needs and for the discharge of its responsibilities.
FAR 8.1 Excess Personal Property.

"Exchange (trade-in) property" means property which--
(1) Is not excess but is eligible for replacement (because of obsolescence, unserviceability, or other reason); and
(2) Is applied as whole or partial payment toward the acquisition of similar items (i.e., items designed and constructed for the same purpose).
DFARS 217.7001 Exchange Of Personal Property.

"Exclusive teaming arrangement" means that two or more companies agree, in writing, through understandings, or by any other means, to team together on a procurement and further agree not to team with any other competitors on that procurement.
DFARS Proposed Rule; Anticompetitive Teaming, Federal Register, November 1, 2001, p. 55157.

"Executive agency" means for DoD, the Department of Defense, the Department of the Army, the Department of the Navy, and the Department of the Air Force.
DFARS 202.101 Definitions.
See FAR definition of "executive agency."

"Executive agency" means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C. 101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.
FAR Part 2 - Definitions of Words and Terms.
See DFARS definition of "executive agency."

"Executive and Top Management" means any employee-
(1) Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof;
(2) Who customarily and regularly directs the work of two or more other employees;
(3) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight;
(4) Who customarily and regularly exercises discretionary powers; and
(5) Who does not devote more than 20 percent or, in the case of an employee of a retail or service establishment, who does not devote more than 40 percent of total hours of work in the work week to activities that are not directly and closely related to the performance of the work described in paragraphs (1) through (4) of this definition. This paragraph (5) does not apply in the case of an employee who is in sole charge of an establishment or a physically separated branch establishment, or who owns at least a 20 percent interest in the enterprise in which the individual is employed.
FAR 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) as prescribed in FAR 22.1310(a)(1) Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans - Solicitation provision and contract clauses.

"Executive Orders are official documents, numbered consecutively, through which the President of the United States manages the operations of the Federal Government.

"Exhibit" means a document, referred to in a contract, which is attached and establishes requirements for deliverables. The term shall not be used to refer to any other kind of attachment to a contract. The DD Form 1423, Contract Data Requirements List, is always an exhibit, rather than an attachment.
DFARS 204.7101 Uniform Contract Line Item Numbering System.

"Expressly unallowable cost" means a particular item or type of cost which, under the express provisions of an applicable law, regulation, or contract, is specifically named and stated to be unallowable.
FAR 31 Contract Cost Principles and Procedures.

"External restructuring activities" means restructuring activities occurring after a business combination that affect the operations of companies not previously under common ownership or control. They do not include restructuring activities occurring after a business combination that affect the operations of only one of the companies not previously under common ownership or control, or, when there has been no business combination, restructuring activities undertaken within one company. External restructuring activities are a direct outgrowth of a business combination. They normally will be initiated within 3 years of the business combination.
DFARS 231.205-70(b) External restructuring costs.

"Extraordinary contractual actions" policies and procedures are prescribed in Far Part 50 for entering into, amending, or modifying contracts in order to facilitate the national defense under the extraordinary emergency authority granted by Public Law 85-804 (50 U.S.C. 1431-1434), referred to in this part as "the Act," and Executive Order 10789, dated November 14, 1958, referred to in this part as "the Executive order, (sic)" It does not cover advance payments (see Subpart 32.4).
FAR Part 50.

"Extraordinary emergency authority." See "Extraordinary contractual actions."

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