Commercial Item Checklist.docx

COMMERCIAL ITEM DETERMINATION PER FAR 2.101

CHECKLIST AND CERTIFICATION

OFFEROR: Complete this form to support assertion that the items or services to be provided qualify as “Commercial Items” under Federal Acquisition Regulation (FAR) Subpart 2.1. When addressing the questions below the Offeror is required to supply supporting documentation that supports the claim of commerciality of the items or services.

ITEMS

1. Is this item of a type customarily used by the general public or non-government entities for other than government purposes? Yes |_| No |_| If yes, describe the item and its intended purposes:

a. Has this item been SOLD, LEASED or LICENSED to the general public? Yes |_| No |_| If yes, identify one or more such sale, lease or license to document the commerciality of the item:

[This is a commercial item. You may stop now, include any supporting documentation, sign and date document and return.]

b. If no, has this item been OFFERED for sale, lease or license to general public? Yes |_| No |_| If yes, identify one or more such offered sale/lease/license to document the commerciality of the item:

[This is a commercial item. You may stop now, include any supporting documentation, sign and date document and return.]

2. If answer to item 1 is “NO”, has this item EVOLVED from such an item through advances in technology or performance that is not yet available in the commercial marketplace but WILL be available in the commercial marketplace in time to meet government requirements? Yes |_| No |_| If yes, describe the original item, how it has evolved and when it is anticipated to be available in the commercial marketplace:

[This is a commercial item. You may stop now, include any supporting documentation, sign and date document and return.]

3. If answers to item 1 and 2 are “NO,” would the item satisfy the criteria expressed in paragraphs 1 or 2 except for any modifications? Yes |_| No |_| If Yes:

a. Is the modification a type customarily available in the commercial marketplace? Yes |_| No |_| If yes, describe the commercial item and the type of modification and give examples of how it is available in the commercial marketplace:

[This is a commercial item. You may stop now, include any supporting documentation, sign and date document and return.]

b. If the answer to 3a is “NO”, is it a MINOR MODIFICATION, one that does not significantly alter the nongovernmental functions, change the essential physical characteristics or change the purpose of the process? Yes |_| No |_| if yes, describe the extent of the modification and how it complies with these criteria. One factor to consider is value/size of the modification in comparison to the value/size of the original (commercial) item:

[This is a commercial item. You may stop now, include any supporting documentation, sign and date document and return.]

4. Is this any COMBINATION of items meeting the requirements of 1, 2 and 3 above that are of a type customarily combined and sold in combination to the general public? Yes |_| No |_| If yes, describe similar commercial instances:

[If you meet criteria for 1, 2 or 3 and 4, this is a commercial item. You may stop now, include any supporting documentation, sign and date document and return.] [If no, this is not a commercial item. Commercial Terms and Conditions would not apply. Cost or Pricing Data may be required.]

SERVICES

5. Services in Support of a Commercial Item: Is this for installation, maintenance, repair, training or other services of a commercial product? Yes |_| No |_|

a. COMMERCIAL If yes, are the services in support of commercial items defined as commercial in the Section above? Yes |_| No |_| If yes, describe how the items were determined to be commercial and the services to be provided in support of the commercial item and continue:

b. Does your company provide similar services contemporaneously to the general public under terms and conditions similar to those offered to the Buyer? Yes |_| No |_| If yes, give examples or describe how your similar services are provided to the general public:

[If 5a and 5b are BOTH yes, this service is a commercial item. You may stop now, include any supporting documentation, sign and date document and return.] Standalone Commercial Services: If either 5a or 5b is “NO”, is this a service of a type offered and sold competitively in substantial quantities in the commercial marketplace BASED ON ESTABLISED CATALOG OR MARKET PRICES FOR SPECIFIC TASKS PERFORMED OR SPECIFIC OUTCOMES TO BE ACHIEVED using standard commercial terms and conditions?

Yes |_| No |_| [If no, this is not a commercial service. Commercial Terms and Conditions would not apply. Cost or Pricing Data may be required.]

6. If yes, describe the specific tasks/outcomes to be achieved and, in accordance with paragraph a. or b. below, document how the service is sold and priced (e.g. catalog or market price):

a. Catalog-Priced Services: “Catalog price” means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public. Include relevant information below:

i. Attach a copy of or identify the catalog and its date or the appropriate pages for the offered service (tasks/outcomes). Include a description of the current discount policies and of the price lists, are they published or unpublished, available for inspection by your customers, and state prices at which sales are currently, or were last made to a significant number of buyers constituting the general public; and

ii. Explain the basis of each commercial service item price and its relationship to the established catalog price, including how the commercial price relates to the price of recent sales in quantities similar to the proposed quantities sought by the Buyer.

b. Market-Priced Items: “Market prices” means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors. Include relevant information that supports your claim of market pricing:

i. Provide the source and date or period of the market pricing or other basis for the commercial market price, the base amount, and applicable discounts that the Buyer can expect to receive etc; and

ii. Describe the nature of the market for the service that is offered.

[You may stop now, include any supporting documentation, sign and date document and return.]

CERTIFICATION FOR COMMERCIAL SUPPLIES AND SERVICES PROCURED UNDER GOVERNMENT CONTRACTS Offeror reviewed the definition for commercial items in FAR Part 2.101 (b), and hereby certifies that the item(s) or service(s) offered meet the current FAR definition.