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41 U.S.C. § 2101 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Contracting officer.—** — The term “contracting officer” means an individual who, by appointment in accordance with applicable regulations, has the authority to enter into a Federal agency procurement contract on behalf of the Government and to make determinations and findings with respect to the contract.
(2) **Contractor bid or proposal information.—** — The term “contractor bid or proposal information” means any of the following information submitted to a Federal agency as part of, or in connection with, a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly:
(A) Cost or pricing data (as defined in [section 3701 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3701&num=0&edition=prelim) with respect to procurements subject to that section and [section 3501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3501/a&num=0&edition=prelim) with respect to procurements subject to that section).
(B) Indirect costs and direct labor rates.
(C) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.
(D) Information marked by the contractor as “contractor bid or proposal information”, in accordance with applicable law or regulation.
(3) **Federal agency.—** — The term “Federal agency” has the meaning given that term in [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim).
(4) **Federal agency procurement.—** — The term “Federal agency procurement” means the acquisition (by using
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 2101
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Stable record: federal_law:legal_authorities:record_usc_e448cf75024b826c96439ab1
Source file: Laws/federal/codes/united-states-code/title-41/section-2101-definitions--eeb8a83b26.md
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Source location: Title 41, Chapter 21, § 2101; chapter-021-chapter-21.md
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In this chapter:
(1) **Contracting officer.—** — The term “contracting officer” means an individual who, by appointment in accordance with applicable regulations, has the authority to enter into a Federal agency procurement contract on behalf of the Government and to make determinations and findings with respect to the contract.
(2) **Contractor bid or proposal information.—** — The term “contractor bid or proposal information” means any of the following information submitted to a Federal agency as part of, or in connection with, a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly:
(A) Cost or pricing data (as defined in [section 3701 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3701&num=0&edition=prelim) with respect to procurements subject to that section and [section 3501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3501/a&num=0&edition=prelim) with respect to procurements subject to that section).
(B) Indirect costs and direct labor rates.
(C) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.
(D) Information marked by the contractor as “contractor bid or proposal information”, in accordance with applicable law or regulation.
(3) **Federal agency.—** — The term “Federal agency” has the meaning given that term in [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim).
(4) **Federal agency procurement.—** — The term “Federal agency procurement” means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds.
(5) **Official.—** — The term “official” means—
(A) an officer, as defined in [section 2104 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2104&num=0&edition=prelim);
(B) an employee, as defined in [section 2105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim); and
(C) a member of the uniformed services, as defined in [section 2101(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101/3&num=0&edition=prelim).
(6) **Protest.—** — The term “protest” means a written objection by an interested party to the award or proposed award of a Federal agency procurement contract, pursuant to subchapter V of chapter 35 of title 31.
(7) **Source selection information.—** — The term “source selection information” means any of the following information prepared for use by a Federal agency to evaluate a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly:
(A) Bid prices submitted in response to a Federal agency solicitation for sealed bids, or lists of those bid prices before public bid opening.
(B) Proposed costs or prices submitted in response to a Federal agency solicitation, or lists of those proposed costs or prices.
(C) Source selection plans.
(D) Technical evaluation plans.
(E) Technical evaluations of proposals.
(F) Cost or price evaluations of proposals.
(G) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.
(H) Rankings of bids, proposals, or competitors.
(I) Reports and evaluations of source selection panels, boards, or advisory councils.
(J) Other information marked as “source selection information” based on a case-by-case determination by the head of the agency, the head’s designee, or the contracting officer that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this title, “officer”, except as otherwise provided by this section or when specifically modified, means a justice or judge of the United States and an individual who is—
(1) required by law to be appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a court of the United States;
(C) the head of an Executive agency; or
(D) the Secretary of a military department;
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an authority named by paragraph (1) of this section, or the Judicial Conference of the United States, while engaged in the performance of the duties of his office.
**(b)** Except as otherwise provided by law, an officer of the United States Postal Service or of the Postal Regulatory Commission is deemed not an officer for purposes of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2104
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a Member or Members of Congress, or the Congress;
(C) a member of a uniformed service;
(D) an individual who is an employee under this section;
(E) the head of a Government controlled corporation; or
(F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim);
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
**(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
**(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2105
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in subchapter VII of chapter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1) **Care and handling.—** — The term “care and handling” includes—
(A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and
(B) rendering innocuous, or destroying, property that is dangerous to public health or safety.
(2) **Contractor inventory.—** — The term “contractor inventory” means—
(A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and
(B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the convenience or at the option of the Government.
(3) **Excess property.—** — The term “excess property” means property under the control of a federal agency that the head of the agency determines is not required to meet the agency’s needs or responsibilities.
(4) **Executive agency.—** — The term “executive agency” means—
(A) an executive department or independent establishment in the executive branch of the Government; and
(B) a wholly owned Government corporation.
(5) **Federal agency.—** — The term “federal agency” means an executive agency or an establishment in the legislative or judicial bra
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 102
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Cost or pricing data.—** — The term “cost or pricing data” means all facts that, as of the date of agreement on the price of a contract (or the price of a contract modification), or, if applicable consistent with [section 3706(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3706/a/2&num=0&edition=prelim), another date agreed upon between the parties, a prudent buyer or seller would reasonably expect to affect price negotiations significantly. Such term does not include information that is judgmental, but does include the factual information from which a judgment was derived.
(2) **Subcontract.—** — The term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or a subcontractor.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contracting officer defined** For purposes of this section, the term “contracting officer” has the meaning given such term in [section 2101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2101&num=0&edition=prelim).
**(b) Certification of small business concerns owned and controlled by service-disabled veterans** With respect to a procurement program or preference established under this chapter that applies to prime contractors, the Administrator shall—
(1) certify the status of a concern as a small business concern owned and controlled by service-disabled veterans; and
(2) require the periodic recertification of such status.
**(c) Sole source contracts** In accordance with this section, a contracting officer may award a sole source contract to any small business concern owned and controlled by service-disabled veterans if—
(1) such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more small business concerns owned and controlled by service-disabled veterans will submit offers for the contracting opportunity;
(2) the anticipated award price of the contract (including options) will not exceed—
(A) $7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or
(B) $3,000,000, in the case of any other contract opportunity; and
(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
**(d) Restricted competition** In accordance with this section, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and co
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 657f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assignment Authority.—** On request from or with the agreement of a private sector organization, and with the consent of the employee concerned, the head of an agency may arrange for the assignment of an employee of the agency to a private sector organization or an employee of a private sector organization to the agency. An eligible employee is an individual who—
(1) works in the field of information technology management;
(2) is considered an exceptional performer by the individual’s current employer; and
(3) is expected to assume increased information technology management responsibilities in the future.
An employee of an agency shall be eligible to participate in this program only if the employee is employed at the GS–11 level or above (or equivalent) and is serving under a career or career-conditional appointment or an appointment of equivalent tenure in the excepted service, and applicable requirements of section 209(b) of the E-Government Act of 2002 are met with respect to the proposed assignment of such employee.
**(b) Agreements.—** Each agency that exercises its authority under this chapter shall provide for a written agreement between the agency and the employee concerned regarding the terms and conditions of the employee’s assignment. In the case of an employee of the agency, the agreement shall—
(1) require the employee to serve in the civil service, upon completion of the assignment, for a period equal to the length of the assignment; and
(2) provide that, in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the agency from which assigned) the employee shall be liable to the United States for payment of all expenses of the assignment.
An amount under paragraph (2) shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3702
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Federal law — U.S. Code and appendices · legal_authorities
The President may prescribe regulations for the conduct of employees in the executive branch.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7301
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Federal law — U.S. Code and appendices · legal_authorities
Page 66
TITLE 41—PUBLIC CONTRACTS
§ 2101
(2) perform analysis or audits, as necessary,
of purchase card transactions designed to
identify—
(A) potentially illegal, improper, or erro-
neous uses of purchase cards;
(B) any patterns of such uses; and
(C) categories of purchases that could be
made by means other than purchase cards in
order to better aggregate purchases and ob-
tain lower prices (excluding transactions
made under card-based strategic sourcing ar-
rangements);
(3) report to the head of the executive agen-
cy concerned on the results of such analysis or
audits; and
(4) report to the Director of the Office of
Management and Budget on the implementa-
tion of recommendations made to the head of
the executive agency to address findings of
any analysis or audit of purchase card and
convenience check transactions or programs
for compilation and transmission by the Di-
rector to Congress and the Comptroller Gen-
eral.
(e) RELATIONSHIP TO DEPARTMENT OF DEFENSE
PURCHASE
CARD
REGULATIONS.—The
require-
ments of this section shall not apply to the De-
partment of Defense. See section 4754 of title 10
for provisions relating to management of pur-
chase cards in the Department.
(Added Pub. L. 112–194, § 2(a)(1), Oct. 5, 2012, 126
Stat. 1445; Pub. L. 117–81, div. A, title XVII,
§ 1702(h)(9), Dec. 27, 2021, 135 Stat. 2158.)
Editorial Notes
AMENDMENTS
2021—Subsec. (e). Pub. L. 117–81 substituted ‘‘section
4754’’ for ‘‘section 2784’’.
Statutory Notes and Related Subsidiaries
DEADLINE FOR GUIDANCE ON MANAGEMENT OF
PURCHASE CARDS
Pub. L. 112–194, § 2(c), Oct. 5, 2012, 126 Stat. 1448, re-
quired the Director of the Office of Management and
Budget to prescribe the guidance required by subsec. (b)
of this section not later than 180 days after Oct. 5, 201
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 2101
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.