Please forgive my obtuseness, but I seem to be missing a couple of points here. The software and maintenance are both on the schedule, but was the purchase made using the schedule? If so, it seems, well, folly not to construe the task order in context of the underlying contract which, as Mr. Edwards pointed out, is decisive. I don't understand from the thread whether the procuring activity is claiming that one or the other of the items is not commercial, and to what end? What is the contractor or the PCO trying to accomplish or avoid in terms of the order for maintenance that's being impacted by a commerciality determination?