FAR 17.801—Definitions.
Plain-English Summary
FAR 17.801 is a definitions section for Subpart 17.8, so it does not itself impose procedures or approval requirements; instead, it establishes the meaning of key terms used later in the subpart. It defines three core concepts: "Government data," "Government-related data," and "reverse auction service provider." These definitions matter because they determine what information is covered when the Government uses reverse auctions and when contractors handle, store, process, or communicate Government data. In practice, the definitions draw a line between data that belongs to or is created/obtained by the Government in official business, data a contractor derives from handling that Government data, and the contractor’s own separate business records or generic tools and methods. The reverse auction service provider definition identifies the entity that supplies the auction platform or service, whether commercial or governmental, for acquisitions of supplies or services for Government use. Understanding these terms is important because later requirements in the subpart will turn on whether information is treated as Government data or Government-related data and on who is acting as the reverse auction service provider.
Key Rules
Government data is official Government information
Government data includes any information, document, media, or machine-readable material, regardless of form, that is created or obtained by the Government in the course of official Government business. The definition is broad and covers both traditional records and electronic data.
Government-related data is contractor-derived data
Government-related data is information created or obtained by a contractor through the storage, processing, or communication of Government data. This captures contractor-held data that exists because the contractor is handling Government data, even if the contractor did not create the original Government data.
Contractor business records are excluded
The definition of Government-related data does not include a contractor’s own business records, such as financial or legal records. Those records remain outside this subpart’s defined data category unless another rule specifically applies.
Generic tools and methods are excluded
Government-related data also does not include operating procedures, software coding, or algorithms that are not uniquely applied to the Government data. In other words, general contractor know-how and reusable tools are not automatically treated as Government-related data.
Reverse auction service provider is the platform provider
A reverse auction service provider is any commercial or Government entity that provides the means for conducting reverse auctions for Government acquisitions of supplies or services. The definition focuses on the entity supplying the auction mechanism, not the buyer or seller using it.
Responsibilities
Contracting Officer
Use these definitions correctly when applying the rest of Subpart 17.8, especially when deciding what data is covered and whether a particular reverse auction arrangement involves a qualifying service provider.
Contractor
Identify which information is Government data, which contractor-held information qualifies as Government-related data, and which materials remain the contractor’s own business records or general tools. Protect and handle covered data consistently with any later subpart requirements.
Agency
Ensure internal policies, solicitation language, and contract administration practices use these terms consistently so that reverse auction arrangements and data-handling obligations are applied to the correct information and entities.
Reverse Auction Service Provider
Provide the means for conducting reverse auctions for Government acquisitions and understand that its role is defined by the service it supplies, regardless of whether it is a commercial firm or a Government entity.
Practical Implications
These definitions set the boundary for later compliance obligations, so misclassifying data can lead to overbroad restrictions or missed protections.
Contractors should separate Government data from their own records and from generic procedures, code, or algorithms to avoid unnecessary disputes over ownership or access.
Contracting officers should be precise in solicitations and contracts about what data is covered, especially when reverse auction platforms will store or transmit information.
A common pitfall is assuming all contractor-generated material is Government-related data; the exclusion for ordinary business records and non-unique tools is important.
Because the term reverse auction service provider includes both commercial and Government entities, agencies should not assume the provider’s status changes the definition or the applicable oversight needs.
Official Regulatory Text
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.