PR-TMP-09 Determination of Commerciality 4-1-24.pdf

Enter Company Name Below:

Determination of Commerciality Template (PR-TMP-09) (Rev 1.0) Effective 4/1/2024

Prime Contract/Solicitation Number: Supplier Name:

RFP Dated: Supplier’s Proposal Dated:

DESCRIPTION OF PRODUCTS/SERVICES TO BE PROCURED

DETERMINATION

Complete the following to document/substantiate if the products/services being procured meet the FAR 2.101 definition of commercial products and/or commercial services:

PRODUCTS OR SERVICES PROVIDED BY A NONTRADITIONAL DEFENSE CONTRACTOR

1) Is the procurement under a Department of Defense Prime contract? ☐ Yes ☐ No

If yes, has the supplier provided certification that they are not currently, and have not for one (1) preceding year, performed any contract or subcontract for the Department of

Defense that is subject to full coverage under CAS?

☐ Yes ☐ No

The procurement may be treated as commercial products or services. Proceed to the signature block.

COMMERCIAL PRODUCTS

2) Is this product other than real property and is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes?

☐ Yes ☐ No

If yes, describe the product and its intended purposes. If non-COTS and of a type also provide technical comparison.

a. Has this product been sold, leased or licensed to the general public; or OFFERED for sale, lease or license to general public?

☐ Yes ☐ No

(i) If yes, identify one or more such sale/lease/license or offered sale/lease/license and document the commerciality of the product.

This is a commercial product. Proceed to the signature block.

3) If answer to item 1 is “NO”, has this product EVOLVED from such an product 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

a. If yes, describe the original product, how it has evolved and when it is anticipated to be available in the commercial marketplace.

4) If answer to items 1 and 2 are “NO,” does it meet the criteria for item 1 or 2 except for modifications?

☐ Yes ☐ No

a. Is the modification a type customarily available in the commercial marketplace? ☐ Yes ☐ No

(i) If yes, describe the commercial product and the type of modification and give examples of how it is available in the commercial marketplace.

b. If 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

(i) If yes, describe the extent of the modification and how it complies with this criteria. One factor to consider is value/size of the modification in comparison to the value/size of the original (commercial) product.

5) Is this any combination of products 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

a. If yes, describe similar commercial instances.

If the criteria is met for 1, 2, 3 or 4 this is a commercial product. Proceed to the signature block.

6) Is this a combination of products referred to in paragraphs (1) through (4) of this definition, notwithstanding the fact that the product or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor?

☐ Yes ☐ No

a. If yes, please describe.

This is a commercial product. Proceed to the signature block.

7) Is this a nondevelopmental item developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple state and local governments or to multiple foreign governments?

☐ Yes ☐ No

a. If yes, please describe and attach evidence that is was (1) developed exclusively at private expense and (2) sold competitively in substantial quantities to multiple state and local governments or to multiple foreign governments.

COMMERCIAL SERVICES

1) Services in Support of a Commercial Product: Is this for installation, maintenance, repair, training or other services of a commercial product?

☐ Yes ☐ No

a. If yes, are the services in support of commercial products defined in the Commercial Products section above?

☐ Yes ☐ No

(ii) If yes, describe how the products were determined to be commercial and the services to be provided in support of the commercial product and continue to “b” below.

b. Does this supplier provide similar services contemporaneously to the general public under terms and conditions similar to offered to the Federal Government?

☐ Yes ☐ No

(i) If yes, give examples or describe how this was verified.

If 1a and 1b are BOTH yes this service is a commercial service. Proceed to the signature block.

2) Standalone Commercial Services: If either 1a or 1b is “NO”, is this a service of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved using standard commercial terms and conditions?

☐ Yes ☐ No

a. If yes, describe the specific tasks/outcomes to be achieved and, in accordance with Paragraph (1) or (2) below, document how the service is sold and priced (e.g. catalog or market price) as well as how the information was confirmed.

(1) 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 gleaned from market research to document validation of the catalog price:

(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 customers, and do they state prices at which sales are currently or last made); and

(ii) Explain the basis of each commercial service price in the supplier’s proposal 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 ASRC Federal’s customer.

(2) Market-Priced Services: “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 gleaned from market research to document validation of the market price:

(i) Provide the source and date or period of the market quotation or other basis for the commercial market price, the base amount, and applicable discounts that may be expected; and

If responses to 2a(1) or 2a(2) constitute a commercial services determination, proceed to the signature block.

3) Is this a combination of services referred to in paragraph (1) or (2) of this definition, even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor?

☐ Yes ☐ No

a. If yes, please describe.

This is a commercial service. Proceed to the signature block.

NARRATIVE TO SUPPORT DETERMINATION

CONCLUSION AND SIGNATURE

Based on the above information, rationale and the attached supporting documentation, I have hereby determined this product or service to be a commercial product and/or commercial service.

Procurement Professional’s Signature Printed Name and Title Date

Procurement Management Printed Name and Title Date

SUPPORTING DOCUMENTATION

(List all documents referenced and/or attached)

☐ Commercial Products and Services Offeror Certification

☐ Screen shot of web page displaying the commercial product or commercial service for sale to the general public

☐ Copy of marketing material, brochure, etc. from the supplier

☐ Catalog price list (with expiration date) and/or third party substantiation of market prices

☐ Other: