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  • Question

    In order to compete, do we have to to a differemt determination of comemricality or can we rely on the earlier documentation? Once an item is determined commerical, does this hold true for the life of the item and beyond?


    Answer

    Contracting officers must ensure that contract files fully and adequately document the market research and rationale supporting a conclusion that the commercial item definition of FAR 2.101 has been satisfied. Relying on earlier documentation would not address the issue of whether the item meets the definition of a commercial item in the CURRENT market environment. You should provide the rationale for the determination independent of what the rationale was 15+ years earlier. 

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