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  • Question

    Are there any cases where contracting officers have made a commerciality determination for ASICs?


    Answer

    I am not aware of any commerciality determinations for ASICs, but that does not mean there haven't been any. 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. This is where contracting officers get paid for exercising good business judgment. You'll want to especially focus on paragraph (3)(ii) of the commercial item definition in FAR Part 2. The "business judgment" comes into play when determining if difference between the commercial ASIC and the one the Government requires is "minor."

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