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    Given the definition of FAR Part 2.101 and FAR15.403-1(c)(3)(I)above: Is it possible for a product developed at the exclusive expense of a contractor, (which the contractor holds full and exclusive rights, that is not customarily used by, sold to, or made available to the general public), be considered commercial?


    The item you describe could only be considered commercial if it "...will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation...", which is at paragraph (2) of the commercial item definition in FAR 2.101. Barring that circumstance, I do not see how the item could qualify as commercial.

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