Page:United States Statutes at Large Volume 124.djvu/3707

 124 STAT. 3681 PUBLIC LAW 111–350—JAN. 4, 2011 (1) a commercial item; (2) a previously developed item of supply that is in use by a department or agency of the Federal Government, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement; (3) an item of supply described in paragraph (1) or (2) that requires only minor modification or modification of the type customarily available in the commercial marketplace to meet the requirements of the procuring department or agency; or (4) an item of supply currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item is not yet in use. § 111. Procurement In this subtitle, the term ‘‘procurement’’ includes all stages of the process of acquiring property or services, beginning with the process for determining a need for property or services and ending with contract completion and closeout. § 112. Procurement system In this subtitle, the term ‘‘procurement system’’ means the integration of the procurement process, the professional develop- ment of procurement personnel, and the management structure for carrying out the procurement function. § 113. Responsible source In this subtitle, the term ‘‘responsible source’’ means a prospective contractor that— (1) has adequate financial resources to perform the contract or the ability to obtain those resources; (2) is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and Government business commitments; (3) has a satisfactory performance record; (4) has a satisfactory record of integrity and business ethics; (5) has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain the organization, experience, controls, and skills; (6) has the necessary production, construction, and technical equipment and facilities, or the ability to obtain the equipment and facilities; and (7) is otherwise qualified and eligible to receive an award under applicable laws and regulations. § 114. Standards In this subtitle, the term ‘‘standards’’ means the criteria for determining the effectiveness of the procurement system by meas- uring the performance of the various elements of the system. § 115. Supplies In this subtitle, the term ‘‘supplies’’ has the same meaning as the terms ‘‘item’’ and ‘‘item of supply’’. § 116. Technical data In this subtitle, the term ‘‘technical data’’— (1) means recorded information (regardless of the form or method of the recording) of a scientific or technical nature