Enclosure (9) to COMDTINST 5230.60A
SECTION 508 DETERMINATION AND CERTIFICATION FOR ELECTRONIC AND INFORMATION
TECHNOLOGY (EIT) PURCHASE REQUESTS
TO BE COMPLETED BY THE REQUIRING OFFICIAL (PURCHASE REQUESTOR)
Commercial Non-Availability Definition
The following quote from FAR subpart 2.101 defines items that are commercial:
"Commercial item" means--
1. Any item, other than real property, that is of a type customarily used for nongovernmental purposes and that
a. has been sold, leased, or licensed to the general public; or
b. has been offered for sale, lease, or license to the general public;
2. Any item that evolved from an item described in paragraph (a) of this definition through advances in
technology or performance and that is not yet available in the commercial marketplace, but will be available
in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;
3. Any item that would satisfy a criterion expressed in paragraphs (a) or (b) of this definition, but for--
a. modifications of a type customarily available in the commercial marketplace; or
b. minor modifications of a type not customarily available in the commercial marketplace made to meet
Federal Government requirements. Minor modifications means modifications that do not significantly
alter the nongovernmental function or essential physical characteristics of an item or component, or
change the purpose of a process. Factors to be considered in determining whether a modification is minor
include the value and size of the modification and the comparative value and size of the final product.
Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a
modification is minor;
4. Any combination of items meeting the requirements of paragraphs (1), (2), (3), or (5) of this definition that
are of a type customarily combined and sold in combination to the general public;
5. Installation services, maintenance services, repair services, training services, and other services if such
services are procured for support of an item referred to in paragraphs (a), (b), (c), or (d) of this definition, and
if the source of such services
a. offers such services to the general public and the Federal Government contemporaneously and under
similar terms and conditions; and
b. offers to use the same work force for providing the Federal Government with such services as the source
uses for providing such services to the general public;
6. Services 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 under standard commercial terms
and conditions. This does not include services that are sold based on hourly rates without an established
catalog or market price for a specific service performed;
7. Any item, combination of items, or service referred to in paragraphs (a) through (f), notwithstanding the fact
that the item, combination of items, or service is transferred between or among separate divisions,
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