17.801 Definitions
Source: FAR 17.801 on acquisition.gov
FAR 17.801 defines key terms for reverse auction contracting, clarifying data responsibilities and the role of service providers to ensure proper compliance.
Overview
FAR 17.801 provides definitions for key terms used in Subpart 17.8, which addresses reverse auctions in government contracting. Understanding these definitions is essential for proper compliance and interpretation of requirements related to the handling of government data, government-related data, and the roles of reverse auction service providers. The section clarifies what constitutes government data versus government-related data, and distinguishes these from a contractor’s own business records. It also defines the entities that may facilitate reverse auctions for government acquisitions.
Key Rules
- Government Data
- Refers to any information or material created or obtained by the Government during official business, regardless of format.
- Government-Related Data
- Refers to information or material created or obtained by a contractor through handling government data, but excludes the contractor’s own business records and unrelated technical data.
- Reverse Auction Service Provider
- Defined as any commercial or government entity that facilitates reverse auctions for government supply or service acquisitions.
Responsibilities
- Contracting Officers: Must apply these definitions when drafting, evaluating, and administering reverse auction contracts.
- Contractors: Need to distinguish between government data, government-related data, and their own business records to ensure proper handling and compliance.
- Agencies: Should ensure all parties understand these definitions to avoid misinterpretation and ensure data is managed appropriately.
Practical Implications
- These definitions clarify data ownership and handling responsibilities in reverse auction scenarios.
- Misclassification of data can lead to compliance issues or mishandling of sensitive information.
- Understanding the role of reverse auction service providers helps agencies and contractors navigate procurement processes efficiently.
As used in this subpart—
Government data means any information, document, media, or machine-readable material regardless of physical form or characteristics, that is created or obtained by the Government, in the course of official Government business.
Government-related data means any information, document, media, or machine-readable material regardless of physical form or characteristics that is created or obtained by a contractor through the storage, processing, or communication of Government data. This does not include a contractor's business records ( e.g., financial records, legal records, etc.) or data such as operating procedures, software coding, or algorithms that are not uniquely applied to the Government data.
Reverse auction service provider means a commercial or Government entity that provides a means for conducting reverse auctions when acquiring supplies or services to be used by the Government.