Please join Jennifer Schaus & Associates every Wednesday in 2021 for a complimentary Wednesday series. See the full recording on our YouTube Channel (coming soon). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!

1. DFARS - 2021
Defense
Federal Acquisition Regulation
Supplement
Complimentary Webinar Series
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com

2. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
About The Series
- Complimentary Webinar Series
- Every Wednesday at 12pm EST
- Recorded and posted on our website and YouTube
Channel
- Speakers are attorneys, consultants, subject matter
experts in defense contracting

3. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
The National Veteran Small Business Coalition (NVSBC)
is the largest non-profit trade association in the country representing veteran
and service-disabled veteran-owned small business in the federal
marketplace as prime and subcontractors. NVSBC provides networking,
match-making, coaching, and training opportunities for members.
Please visit: www.nvsbc.org

4. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
 Full training calendar: virginiaptac.org & useful links
 Register for free counseling: https://virginiaptac.org/services/counseling/
 Your “one stop” shop for Government Contracting assistance
 Reach us at ptac@gmu.edu or 703-277-7750
This procurement technical assistance center is funded in part through a cooperative agreement with the Defense Logistics Agency.

5. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
Set-Aside Alert is the premier federal government contract information service, focused
on small businesses, minority-owned and women-owned businesses, veteran- and SDV-
owned businesses, SBA 8(a)-certified companies and HUBzone businesses. The
newsletter provides RFP opportunities for set-asides.
www.setasidealert.com
Tom Johnson
301-229-5561

6. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
About Us
- Professional services for federal contractors
- Market Analysis
- Proposal Writing / Pricing
- Contract Compliance & Administration

7. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
Advertise In Our Newsletter:
Reach 23,000+ Subscribers! Includes
Government & Government Contractors
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8. Our 2021 Webinar News
* Use Code “DFARS”
for a $15 Discount!

9. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
About Our Speaker
Joshua Duvall
Matross Edwards LLC
jduvall@matrossedwards.com
202-854-9959

10. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
Definition of Words and Terms
Wednesday, 13 January 2021

11. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202

12. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
Definition
• A statement of the meaning of a word or word group or a sign or symbol. (Merriam-Webster)
• The action of defining, or stating exactly what a thing is, or what a word means. (Oxford English)
• A precise statement of the essential nature of a thing; a statement or form of words by which anything is
defined. (Oxford English)
• The act of defining, or of making something definite, distinct, or clear. (Dictionary.com)

13. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
Why are “definitions” (of words and terms) important?
• Definitions tell the reader precisely what a word or term means, what it includes or excludes; makes the
word or term definite. In other words, definitions provide clarity (hopefully).
• Government contractors and industry encounter definitions in a number of places:
• Small Business Regulations (8(a), WOSB/EDWOSB, SDVOSB, HUBZone)
• Teaming Agreements, Subcontracts, and Operating Agreements
• Business and Cyber Insurance Policies
• FAR, DFARS, and Other Agency Supplements

14. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
• The DFARS is an important regulation because it implements and supplements the Federal Acquisition
Regulation ("FAR"). The DFARS contains, for example, requirements of law, DoD-wide policies, delegations
of FAR authorities, deviations from requirements under the FAR, and certain policies and procedures.
• DFARS Part 202, available at https://www.acquisition.gov/dfars/part-202-definitions-words-and-terms.
• Defines 31 words and terms (see also FAR 2.101 for defined terms under the FAR).
• From “authorized aftermarket manufacturer” to “uncertified cost data.”
• In today’s presentation, we will cover some of the highlights!

15. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms

16. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
Contracting Officer's Representative
• Means an individual designated and authorized in writing by the contracting officer to perform specific
technical or administrative functions.

17. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
Why is “contracting officer's representative” important?
• The COR (sometimes called the contracting officer’s technical representative or COTR) is not the
contracting officer for a procurement.
• As defined under FAR 2.101, the “contracting officer” is “a person with the authority to enter into,
administer, and/or terminate contracts and make related determinations and findings.”
• The COR does not have the same type of authority as the CO. In other words, the CO is the person to
whom authority is vested to enter into contracts that bind contractors (be careful with contract mods).

18. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
Cyber Incident
• Means actions taken through the use of computer networks that result in a compromise or an actual or
potentially adverse effect on an information system and/or the information residing therein.
Compromise
• Means disclosure of information to unauthorized persons, or a violation of the security policy of a system,
in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an
object, or the copying of information to unauthorized media may have occurred.

19. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
Why are “cyber incident” and “compromise” important?
• Many contractors in the defense industrial base are familiar with DFARS 252.204-7012, Safeguarding
Covered Defense Information and Cyber Incident Reporting.
• The -7012 clause imposes an obligation on contractors to protect, among other things, controlled
unclassified information (“CUI”) by implementing the security requirements under NIST SP 800-171.
Beyond that obligation, the -7012 clause also requires contractors to rapidly report a “cyber incident” (i.e.,
within 72 hours of discovery).
• While there may be various other definitions for “cyber incident” and “compromise,” defense contractors
must understand how the DFARS defines them!

20. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
Nontraditional Defense Contractor
• Means an entity that is not currently performing and has not performed any contract or subcontract for
DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C.
1502 and the regulations implementing such section, for at least the 1-year period preceding the
solicitation of sources by DoD for the procurement (10 U.S.C. 2302(9)).

21. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
Why is “nontraditional defense contractor” important?
• DoD’s use of other transaction authority (“OTA”) is skyrocketing.
• Army Tripled OTA Prototyping To $4.8B In Just 3 Years: GAO (Breaking Defense)
• https://breakingdefense.com/2020/10/army-tripled-prototyping-to-4-8b-in-just-3-years-gao/
• Navy seeing ‘explosion’ in use of OTA for IT, cyber development work (Federal News Network)
• https://federalnewsnetwork.com/on-dod/2020/11/navy-seeing-explosion-in-use-of-ota-for-it-cyber-
development-work

22. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
Why is “nontraditional defense contractor” important?
• 10 U.S.C. § 2371b - Authority of the Department of Defense to carry out certain prototype projects
• (d) Appropriate Use of Authority. — (1) The Secretary of Defense shall ensure that no official of an agency
enters into a transaction (other than a contract, grant, or cooperative agreement) for a prototype project
under the authority of this section unless one of the following conditions is met:
• (A) There is at least one nontraditional defense contractor or nonprofit research institution
participating to a significant extent in the prototype project.
* * *

23. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
Tiered Evaluation of Offers
• Also known as “cascading evaluation of offers,” means a procedure used in negotiated acquisitions, when
market research is inconclusive for justifying limiting competition to small business concerns, whereby the
contracting officer—
• (1) Solicits and receives offers from both small and other than small business concerns;
• (2) Establishes a tiered or cascading order of precedence for evaluating offers that is specified in the
solicitation; and
• (3) If no award can be made at the first tier, evaluates offers at the next lower tier, until award can be
made.

24. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part 202
DFARS Part 202 – Definitions of Words and Terms
Why is “tiered evaluation of offers” important?
• May result in a solicitation that contains clauses that apply to one type of offeror and clauses that apply to
another type of offeror (i.e., small businesses vs. large businesses).
• See also 215.203-70 – Requests for proposals - tiered evaluation of offers
• “Consideration shall be given to the tiers of small businesses (e.g., 8(a), HUBZone small business,
service-disabled veteran-owned small business, small business) before evaluating offers from other
than small business concerns.”

25. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
Thank You To Our Speaker
Joshua Duvall
Matross Edwards LLC
jduvall@matrossedwards.com
202-854-9959

26. Thank You For Attending!
DFARS - 2021
Defense Federal Acquisition Regulation Supplement
Complimentary Webinar Series
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com