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GSAM

GSAM

Change Number: Change 192 GSAM Case 2024-G506
Effective Date: 10/28/2024

Part 502 - Definitions of Words and Terms

Part 502 - Definitions of Words and Terms

Subpart 502.1 - Definitions

502.101 Definitions.

“AbilityOne Representative (ABOR)” means a designated individual within the agency who is the lead advocate for federal buying in accordance with mandatory source contracting procedures, engages with the workforce to build use of the AbilityOne Program, and offers feedback to the U.S. AbilityOne Commission to improve the value of the AbilityOne Program. GSA has an Agency level ABOR and each Service (i.e., FAS and PBS) has a Service level ABOR. Information about the GSA ABORs is available on the AbilityOne Program page on the GSA Acquisition Portal at https://insite.gsa.gov/acquisitionportal.

“Acquisition Career Manager (ACM)” means the GSA agency official within the Office of Acquisition Policy that has been appointed by the CAO, or designee, to lead the agency's acquisition career management programs.

“Acquisition Career Navigator (ACN)” means an individual designated in writing by the Head of the Contracting Activity to lead the implementation of acquisition career management functions described in 501.601(b)(5). These officials serve within the limits of their delegated authority per 501.601. Acquisition Career Navigators are identified on the GSA Acquisition Portal at https://insite.gsa.gov/acquisitionportal.

“Agency Advocate for Competition” means the Director, Office of General Services Acquisition Policy, Integrity, and Workforce within the Office of Acquisition Policy.

“Agency labor advisor” means the Director of the General Services Acquisition Policy Division within the Office of Acquisition Policy.

“Assigned counsel” means the attorney in the Office of General Counsel (including offices of Regional Counsel) assigned to provide legal review or assistance.

Acquisition Subject Matter Expert (A-SME)” means a member of the acquisition workforce designated in writing by the Head of the Contracting Activity who is knowledgeable in one or more key acquisition areas, including small business, labor, sustainability, and cybersecurity, as described in 501.601(b)(7). The A-SME should have expertise demonstrated by years of experience focused on the subject matter, a credential or other specialized training. A-SMEs are identified on the GSA Acquisition Portal at https://insite.gsa.gov/acquisitionportal.

“Acquisition Workforce (AWF)” means individuals who perform various acquisition-related functions to support the accomplishment of an agency's mission. Acquisition, pursuant to 41 U.S.C. 403, includes, among traditional contracting functions, requirements definition, measurement of contract performance, and technical and management direction. Membership in the AWF may be on a full-time, part-time, or occasional basis.

(a)  Members of the AWF may include:

(1)  Individuals who are substantially involved in defining, determining, and managing acquisition requirements,

(2)  Individuals involved in acquisition planning and strategy,

(3)  Individuals who participate in the process of establishing the business relationship to obtain needed goods and services (e.g., contracting process, those involved in the solicitation, evaluation and award of acquisitions),

(4)  Individuals who manage the process after business arrangements have been established to ensure that the government's needs are met (e.g., testing and evaluating, managing and monitoring the manufacturing and production activities, auditing, contract administration, performance management and evaluation, etc.),

(5)  Individuals who arrange disposal of any residual items after work is complete, (e.g., property management/disposal),

(6)  Individuals who support the business processes of the activities listed in this paragraph (e.g., subject matter experts and A-SMEs),

(7) Individuals who have the authority to enter into and administer leases on the Government’s behalf,

(8)  Individuals who directly manage those involved in any of the activities listed in this paragraph.

(b)  At a minimum, the acquisition workforce of the agency, includes:

(1)  All positions in the general schedule contracting series (GS-1102), realty series (GS-1170), and other series, as identified by the Chief Acquisition Officer, Senior Procurement Executive or Head of Contracting Activity.

(2)  All contracting officers (CO) regardless of general schedule series with authority to obligate funds above the micropurchase threshold.

(3)  All positions in the general schedule purchasing series (GS-1105).

(4)  Program and project managers, as identified by the Chief Acquisition Officer (CAO), the Senior Procurement Executive, or HCA.

(5)  All Contracting Officer's Representatives (CORs) or equivalent positions.

(6)  Any significant acquisition-related positions identified by the CAO, Senior Procurement Executive or Head of Contracting Activity, or equivalent, using the guidance provided in this paragraph.

“Contracting Activity Advocate for Competition” means an individual designated in writing by the Head of the Contracting Activity to execute the duties and responsibilities as prescribed by FAR 6.502. Advocates for competition are identified on the GSA Acquisition Portal at https://insite.gsa.gov/acquisitionportal.

“Commercial supplier agreements” means terms and conditions customarily offered to the public by vendors of supplies or services that meets the definition of “commercial products and commercial services” set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any product or service. The term applies–

(a)  Regardless of the format or style of the document. For example, a commercial supplier agreement may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order;

(b)  Regardless of the media or delivery mechanism used. For example, a commercial supplier agreement may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

“Contracting Director” means an individual designated in writing by the Head of the Contracting Activity responsible for performing contracting functions as described in 501.601. Contracting directors are identified on the GSA Acquisition Portal at https://insite.gsa.gov/acquisitionportal.

“Contracting Executive” means a civilian serving in a position in a grade above GS-15 under the General Schedule (or in a comparable or higher position under another schedule) designated in writing by an HCA with the authority to perform contracting functions as described in 501.601. Contracting Executives can be found on the Acquisition Contacts and Offices page on the GSA Acquisition Portal at https://insite.gsa.gov/acquisitionportal.

“Debarring official” or “suspending official” means the individual designated as GSA’s Suspension & Debarment Official.

"Economic price adjustment (EPA) method" means the agreed upon procedure by which pricing may be adjusted throughout the contract period to include, but not limited to, the mechanism(s) to be used to adjust pricing (e.g., adjustments based on established pricing), the pricing subject to adjustment, and any other requirements (e.g., timing, frequency, limits on increases).

“GSA Information System” means an information system owned or operated by the U.S. General Services Administration or by a contractor or other organization on behalf of the U.S. General Services Administration including:

(1) “Cloud Information System” means information systems developed using cloud computing. Cloud computing is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications) that can be rapidly provisioned and released with minimal management effort or service provider interaction. Cloud information systems include Infrastructure as a Service (IaaS), Platform as a Service (PaaS), or Software as a Service (SaaS). Cloud information systems may connect to the GSA network.

(2) “External Information System” means information systems that reside in contractor facilities and typically do not connect to the GSA network. External information systems may be government owned and contractor operated or contractor owned and operated on behalf of GSA or the Federal Government (when GSA is the managing agency).

(3) “Internal Information System” means information systems that reside on premise in GSA facilities and may connect to the GSA network. Internal systems are operated on behalf of GSA or the Federal Government (when GSA is the managing agency).

(4) “Low Impact Software as a Service (LiSaaS) System” means cloud applications that are implemented for a limited duration, considered low impact and would cause limited harm to GSA.

(5) “Mobile Application” means a type of application software designed to run on a mobile device, such as a smartphone or tablet computer.

“Head of the agency” means the official who has been delegated as the Head of the Contracting Activity. Under Section 309 of the Federal Property and Administrative Services Act, the GSA Administrator authorized HCA’s to act as agency head to facilitate procurement of property and services under Title III of the Act. If statute, regulations or policies (e.g., FAR 6.302-7) preclude such action, agency head authority remains with the GSA Administrator.

“Head of the Contracting Activity (HCA)” means the official who has overall responsibility for managing the contracting activity. These officials serve within the limits of their delegated authority per 501.601. HCAs are identified on the GSA Acquisition Portal at https://insite.gsa.gov/acquisitionportal.

(a) For GSA, the GSA Administrator has delegated the authority to the Senior Procurement Executive (SPE).

(b) The SPE has redelegated the authority to the Chief Administrative Services Officer (CASO) and the Commissioners and Deputy Commissioners of the Federal Acquisition Service (FAS) and the Public Buildings Service (PBS). The CASO may not re-delegate the authority. The FAS and PBS Commissioners and Deputy Commissioners may re-delegate the authority down one level.

(c) Redelegations made by FAS and PBS are identified on the GSA Acquisition Portal at https://insite.gsa.gov/acquisitionportal.

(d) If statute, regulations or policies (e.g., FAR 6.302-7) preclude an agency head delegating authority, HCA authority remains with the GSA Administrator.

“IN-Depth Feedback through Open Reporting Methods (INFORM)” means GSA’s enhanced debrief and explanation communication procedures detailed in 515.370.

“Information System” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

“Packaging” means the material used to protect an item. Packaging includes, but is not limited to: brand packaging, grouped packaging, shipping packaging, ancillary packaging, and redundant packaging.

(1)Brand packaging, sales packaging or primary packaging means packaging intended to provide the user or consumer with the individual unit of the product, such as plastic casing.

(2)Grouped packaging or secondary packaging means packaging intended to bundle, sell in bulk, brand, or market/display products.

(3)Shipping packaging means packaging that serves as protection for the goods to ensure safe transport to the end customer, including:

(i) Ancillary packaging or transport packaging or tertiary packaging means packaging intended to secure the product, such as packing peanuts, wrapping materials, or molded materials. Ancillary packaging (or all shipping packaging) is typically outside of brand packaging.

Redundant packaging or unnecessary packaging means packaging that does not add any measurable protection to the supply being shipped, such as multiple layers of bubble wrap to an already durable product that is encased in a cardboard box. An example of this is a home testing kit with all plastic components already packaged in a cardboard box with cardboard inserts to absorb shock, that is then shipped in multiple layers of bubble wrap. In this example the bubble wrap is the redundant single-use plastic packaging.(ii)

“Plastic” means a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be shaped into various rigid and flexible forms, and includes coatings and adhesives. “Plastic” excludes natural rubber or naturally occurring polymers such as proteins or starches.

“Single-use” plastic (SUP) packaging means any plastic used for the containment, protection, handling, delivery, or presentation of goods by a producer for a consumer with the intent of being used once and then discarded, recycled or disposed of immediately after its contents have been used or unpackaged, and typically not refilled or otherwise reused by the producer. Packaging includes, but is not limited to brand packaging, grouped packaging, shipping packaging, ancillary packaging, and redundant packaging.

“Single-use plastic (SUP) free packaging” means Single-use plastic (SUP) free packaging means product or shipping containment materials free of single-use plastic. Other attributes of single-use plastic free packaging may include the following: use of minimal materials, will be reused multiple times, or produces less emissions compared to traditional manufacturing or distribution. These additional attributes alone do not qualify as SUP free. Examples may include, but are not limited, to corrugated cardboard, paper products, and paper backed tape.

“Senior procurement executive” means the Deputy Chief Acquisition Officer.