1) Does OC make the commerciality determination or the KO?
2) Have you known UXO services to be commerical?
DFARS 212.102 places responsibility for the commercial item determination on the contracting officer. (The reference addresses acquisitions above $1 million but is applicable below that threshold as well.) That being said, organizations may place additional review and approval requirements on commercial item determinations. You can use the DFARS reference to (perhaps) bolster your case, but organizational policy ultimately prevails. Nevertheless, unexploded ordnance-related services could not reasonably be considered as "customarily" used or sold in the commercial marketplace, so a determination that they are NOT commercial would be a reasonable position.
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