§259. Definitions

As used in this subchapter-

(a) The term "agency head" shall mean the head or any assistant head of any executive agency, and may at the option of the Administrator include the chief official of any principal organizational unit of the General Services Administration.

(b) The term "competitive procedures" means procedures under which an executive agency enters into a contract pursuant to full and open competition. Such term also includes-

(1) procurement of architectural or engineering services conducted in accordance with title IX of this Act (40 U.S.C. 541 et seq.);

(2) the competitive selection of basic research proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of such proposals;

(3) the procedures established by the Administrator for the multiple awards schedule program of the General Services Administration if-

(A) participation in the program has been open to all responsible sources; and

(B) orders and contracts under such procedures result in the lowest overall cost alternative to meet the needs of the Government;

(4) procurements conducted in furtherance of section 644 of title 15 as long as all responsible business concerns that are entitled to submit offers for such procurements are permitted to compete; and

(5) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 638 of title 15.

(c) The following terms have the meanings provided such terms in section 403 of this title:

(1) The term "procurement".

(2) The term "procurement system".

(3) The term "standards".

(4) The term "full and open competition".

(5) The term "responsible source".

(6) The term "technical data".

(7) The term "major system".

(8) The term "item".

(9) The term "item of supply".

(10) The term "supplies".

(11) The term "commercial item".

(12) The term "nondevelopmental item".

(13) The term "commercial component".

(14) The term "component".

(d)(1) The term "simplified acquisition threshold" has the meaning provided that term in section 403 of this title, except that, in the case of any contract to be awarded and performed, or purchase to be made, outside the United States in support of a contingency operation or a humanitarian or peacekeeping operation, the term means an amount equal to two times the amount specified for that term in section 403 of this title.

(2) In paragraph (1):

(A) The term "contingency operation" has the meaning given such term in section 101(a) of title 10.

(B) The term "humanitarian or peacekeeping operation" means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of a peacekeeping operation under chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing.

(e) The term "Federal Acquisition Regulation" means the Federal Acquisition Regulation issued pursuant to section 421(c)(1) of this title.

(June 30, 1949, ch. 288, title III, §309, 63 Stat. 397 ; July 12, 1952, ch. 703, §1(h), 66 Stat. 593 ; Pub. L. 98–369, div. B, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180 ; Pub. L. 98–577, title V, §504(a)(3), (4), Oct. 30, 1984, 98 Stat. 3086 ; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3298 ; Pub. L. 104–201, div. A, title VIII, §807(b), Sept. 23, 1996, 110 Stat. 2606 ; Pub. L. 105–85, div. A, title X, §1073(g)(1), Nov. 18, 1997, 111 Stat. 1906 .)

References in Text

This Act, referred to in subsec. (b)(1), is the Federal Property and Administrative Services Act of 1949, approved June 30, 1949, ch. 288, 63 Stat. 377 , as amended. Title IX of this Act is classified generally to subchapter VI (§541 et seq.) of chapter 10 of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables.

Amendments

1997-Subsec. (b)(2). Pub. L. 105–85 struck out "and" at end.

1996-Subsec. (d). Pub. L. 104–201 designated existing provisions as par. (1), inserted "or a humanitarian or peacekeeping operation" after "contingency operation", and added par. (2).

1994-Subsecs. (c) to (e). Pub. L. 103–355 added subsecs. (c) to (e) and struck out former subsec. (c) which read as follows: "The terms 'full and open competition', 'responsible source', 'technical data', 'major system', 'item', 'item of supply', and 'supplies' have the same meanings provided such terms in section 403 of this title."

1984-Subsec. (b). Pub. L. 98–369 added subsec. (b).

Subsec. (b)(4), (5). Pub. L. 98–577, §504(a)(3), added pars. (4) and (5).

Subsec. (c). Pub. L. 98–577, §504(a)(4), substituted ", 'responsible source', 'technical data', 'major system', 'item', 'item of supply', and 'supplies' have" for "and 'responsible source' have" before "the meaning".

Pub. L. 98–369 added subsec. (c).

1952-Subsec. (b). Act July 12, 1952, repealed subsec. (b) which defined "supplies".

Effective Date of 1994 Amendment

For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 251 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98–369, set out as a note under section 251 of this title.

Effective Date

Section effective July 1, 1949, see section 605 of act June 30, 1949, set out as a note under section 471 of Title 40, Public Buildings, Property, and Works.

Small Business Act

Amendment to this section by section 2711(a)(3) of Pub. L. 98–369 not to affect or supersede the provisions of section 637(a) of Title 15, Commerce and Trade, see section 2711(c) of Pub. L. 98–369, set out as a note under section 253 of this title.

Definitions

The definitions in section 472 of Title 40, Public Buildings, Property, and Works, apply to this subchapter.

Section Referred to in Other Sections

This section is referred to in title 20 section 1018a.