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@here_2_help Hello. Thank you for the response. Yes, we sell the same part without minor modifications to the general public and can demonstrate both this as well as the modifications being "customarily available in the marketplace". @Retreadfed Our company has sold this particular part with the minor modification to the Prime only but have sold the part without modification to the general public. Thank you for the clarification. I was not sure if there was a rule where if a Prime had accepted the same exact part as a CI whether they could change their mind or not. The Prime rejected our CI status because we only sell this particular part with minor modification to them only and due to the prime accepting the parts as commercial previously, we had only submitted invoices where we sold the part to them previously. This is mainly due to our product being customarily modified to a customer's needs. All modifications are customarily available in the marketplace as this is done for both commercial and military contracts. Now that I understand there is no rule or guidance on a prime choosing to withdraw acceptance of the commerciality of the part, I believe it will be simple to address but will have to do a full commercial item justification providing redacted invoices of various sales and parts comparisons with similar products on the market. Thank you all for the help.

Hello, I work for a sub who does business with a prime. We sell commercial item A,B,C, D. All parts sold to prime have minor modifications customarily available in the marketplace. We have sold Items A, B,C(w/ minor mods) to the prime in the past asserting commerciality and the Prime accepted our parts. Prime comes back a few years later with a purchase order for A,B,C and D. We fill out our commercial item justification for Part D but Prime has now come back and rejected A,B,C. So my question is.. once accepted as a commercial item by the Prime, can they now reject our commerciality for Parts A,B,C? The parts (w/ minor mods) are only sold to the Prime but are all catalog parts for our company (w/o the minor modifications). I guess I've never seen a prime suddenly state that parts which they bought in the past are now not commercial items. I'm sorry if I'm unclear. If I need to provide clarification, I will. Thank you.

@Neil Roberts @Deaner Thank you. I will definitely keep this in mind.

@Vern Edwards Thank you for the swift response and example. I will keep it in mind and take the baby steps to learn.

@Neil Roberts Thank you Neil. Just subscribed @Vern Edwards Thank you Vern. I will follow your advice. Do you have any advice on how to become better at identifying clauses like "necessary" flowdown clauses? Is it just experience or is there any other ways to self-improve/ self-learn. I have found a free seminar in DC that I will try to ask my boss if I can attend but other than that, I'm all ears for any suggestions.

Hi Neil. I believe my assignment is in respects to both. I am familiar with that there are mandatory flowdowns and others that are not mandatory but "recommended" (Not sure what the proper term to use is) according to many things I've read. I think you've nailed it on the head stating I "may find different positions regarding a term and condition take by people..." which is where I got stuck since it's a new area of study for me. I will read the relevant provisions and see how they apply and figure out what applies. I don't know if anyone would have experience here but how does one go about knowing if new mandatory or "recommended" clauses were added. I assume that they would be referenced in the sections which list the mandatory clauses / "recommended" clauses but I've learned that assumptions are dangerous. Thank you. In the meantime, time to grind them out 1 by 1.

Thanks Pepe and Don for the responses. The program you've linked sounds awesome. Thanks Don.

Hello, I recently joined the forums and have been reading several topics to familiarize myself with some topics, issues, etc. I am new to the realm of government contracting and see that my employer works as a subcontractor. I am attempting to learn the FAR / DFARS as these seem to apply to my employer the most and have come across these in our company's terms and conditions. I have been tasked to try to look through the FAR to update the list of clauses that would apply to our terms & conditions if any. Finally, my question: Is the best avenue of approach to simply read the FAR and DFARS line by line, with an eye out for required flowdown clauses? or Is there another approach you would recommend to self start this project? Thank you.