FAR 17.701—Definitions.
Plain-English Summary
FAR 17.701 is a definitions section for Subpart 17.7, so it does not impose procedures by itself; instead, it establishes the meaning of key terms used elsewhere in the subpart. It defines who counts as a "DoD acquisition official," including DoD contracting officers and other DoD officials authorized to approve a direct acquisition or assisted acquisition on behalf of DoD. It also defines "nondefense agency" as any Federal department or agency other than the Department of Defense. In addition, it narrows and identifies the special category of a "nondefense agency that is an element of the intelligence community" by cross-referencing 50 U.S.C. 3003(4) and listing the covered intelligence organizations, including ODNI, CIA, intelligence elements of FBI, DOE, and DEA, the State Department’s Bureau of Intelligence and Research, Treasury’s Office of Intelligence and Analysis, DHS’s Office of Intelligence and Analysis and Coast Guard Office of Intelligence, and any other elements designated by the President or jointly by the DNI and the department or agency head. Practically, this section matters because it determines which officials and which agencies are covered by the rules in the subpart, especially when DoD is dealing with interagency acquisitions, assisted acquisitions, or intelligence-community partners.
Key Rules
DoD acquisition official defined
A DoD acquisition official is either a DoD contracting officer or another DoD official who is authorized to approve a direct acquisition or an assisted acquisition on behalf of DoD. This definition controls who has authority for actions covered by the subpart.
Nondefense agency means all other agencies
A nondefense agency is any Federal department or agency other than the Department of Defense. The term is broad and includes civilian agencies unless a more specific definition applies.
Intelligence community agencies identified
A nondefense agency that is an element of the intelligence community is limited to the agencies identified in 50 U.S.C. 3003(4), including the listed intelligence organizations and any additional elements formally designated under the statute.
Statutory cross-reference controls scope
The intelligence-community definition is not open-ended; it depends on the statutory list and formal designation process. If an agency or component is not within that legal framework, it is not covered by this definition for purposes of the subpart.
Authority matters more than title
For DoD officials, the key issue is whether the person is authorized to approve the relevant acquisition action, not merely whether the person holds a particular job title. Actual delegated authority is what makes the definition apply.
Responsibilities
DoD contracting officer
Use the authority granted to contracting officers when approving or managing direct acquisitions or assisted acquisitions covered by this subpart. Confirm that actions taken under the subpart are within the officer’s warrant and delegated authority.
Other DoD official authorized to approve acquisitions
Only approve direct acquisitions or assisted acquisitions if formally authorized to do so on behalf of DoD. Ensure the approval authority is documented and limited to the scope of the delegation.
Nondefense agency personnel
Identify whether the agency involved is a nondefense agency and, if relevant, whether it is part of the intelligence community under the statutory definition. Apply the subpart only when the defined agency status is met.
Contracting and acquisition staff
Correctly classify the parties involved before applying the rest of Subpart 17.7. Verify whether the transaction involves DoD, a nondefense agency, or a nondefense intelligence-community element.
Agency leadership and delegating officials
Ensure that any non-contracting officer approval authority is properly delegated and that intelligence-community designations are made only through the legal mechanisms referenced in the definition.
Practical Implications
This section is a gateway definition: if you misidentify the official or agency, you may apply the wrong rules from the rest of Subpart 17.7.
For DoD users, the biggest pitfall is assuming a person can act just because they are senior or work in acquisition; the definition turns on actual approval authority.
For civilian agencies, the key question is whether the agency is simply a nondefense agency or specifically an intelligence-community element, because that distinction can affect how the subpart is applied.
Because the intelligence-community definition relies on statute and formal designation, users should not rely on informal labels or organizational mission statements alone.
In practice, contracting officers should confirm both the identity of the approving official and the legal status of the partner agency before proceeding with interagency or assisted acquisition actions.
Official Regulatory Text
As used in this subpart- Department of Defense (DoD) acquisition official means- (1) A DoD contracting officer; or (2) Any other DoD official authorized to approve a direct acquisition or an assisted acquisition on behalf of DoD. Nondefense agency means any department or agency of the Federal Government other than the Department of Defense. Nondefense agency that is an element of the intelligence community means the agencies identified in 50 U.S.C. 3003(4) which include the- Office of the Director of National Intelligence; Central Intelligence Agency; Intelligence elements of the Federal Bureau of Investigation, Department of Energy, and Drug Enforcement Agency; Bureau of Intelligence and Research of the Department of State; Office of Intelligence and Analysis of the Department of the Treasury; The Office of Intelligence and Analysis of the Department of Homeland Security and the Office of Intelligence of the Coast Guard; and Such other elements of any department or agency as have been designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.