U.S. Code » Title 41 » Subtitle Subtitle I— Federal Procurement Policy › Division Division A— General › Chapter CHAPTER 1— DEFINITIONS › Subchapter SUBCHAPTER II— DIVISION B DEFINITIONS

41 U.S.C. § 131

Acquisition

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In division B, the term “acquisition”—(1) means the process of acquiring, with appropriated amounts, by contract for purchase or lease, property or services (including construction) that support the missions and goals of an executive agency, from the point at which the requirements of the executive agency are established in consultation with the chief acquisition officer of the executive agency; and(2) includes—(A) the process of acquiring property or services that are already in existence, or that must be created, developed, demonstrated, and evaluated;(B) the description of requirements to satisfy agency needs;(C) solicitation and selection of sources;(D) award of contracts;(E) contract performance;(F) contract financing;(G) management and measurement of contract performance through final delivery and payment; and(H) technical and management functions directly related to the process of fulfilling agency requirements by contract.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3682.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

131

41:403(16).

Pub. L. 93–400, § 4(16), as added Pub. L. 108–136, title XIV, § 1411, Nov. 24, 2003, 117 Stat. 1663.

Notes of Decisions
Cited in 4 cases, 2012–2014 · leading case: John Miller, Jr. v. Hillary Clinton, 687 F.3d 1332 (D.C. Cir. 2012).
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John Miller, Jr. v. Hillary Clinton, 687 F.3d 1332 (D.C. Cir. 2012). · cites it 2× “Part 37 (discussing services contracts); compare also 41 U.S.C. § 131 , with 48 C.F.R. § 2.101 (b) (defining “acquisition” for statutory and regulatory purposes).”
The Minesen Co. v. McHugh, 671 F.3d 1332 (Fed. Cir. 2012). · cites it 2× “” That argument is based on the government’s proposed definition of “pro- curement,” which is tied to the definition of the term “acquisition” found in the statutes governing the Office of Federal Procurement Policy.”
Hymas v. United States, 117 Fed. Cl. 466 (Fed. Cl. 2014). · cites it 3× “” Gov’t Reply 8 (quoting 41 U.S.C. § 131 (defining “acquisition” as “the process of acquiring, with appropriated amounts, by contract for purchase or lease, property or services .”
360Training.com, Inc. v. United States, 104 Fed. Cl. 575 (Fed. Cl. 2012). “Even though § 111 is contained in Division A of Title 41, Subtitle I, the Government asserts that the word “acquiring” should be defined by 41 U.S.C. § 131 (formerly § 403(16)), which reads: “In division B [of this subtitle], the term ‘acquisition’ means the process of…”
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