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  1. Is there any DoD guidance or work instructions that allows for a non-developmental item (NDI) support service to qualify as a commercial item based on Definition 5 (versus Definition 6) of the commercial item definition in FAR 2.101? Previous Hypothetical Scenario: 1. Sister A signed a sole-source FFP prime contract with a DoD customer, and FAR 52.215-10 was included. 2. FAR 52.215-10 was flowed down in the inter-organizational transfer (IOT) at price with Sister B (see FAR 31.205-26). 3. Sister A performed a price analysis of Sister B's IOT based on FAR 15.401 and Table 15-2 II.A of FAR 15.408. 4. No cost data from Sister B was included in Sister's A proposal to the DoD customer because of commerciality. 5. Sister A's price analysis was included in its proposal, and it was based on PO history and an unpublished price list. 6. The PO history was not shown to be fair and reasonable, and Sister B did not provide any data of sales to the public. Current Hypothetical Approach: 1. If possible, Sister A wants to utilize any DoD guidance or work instructions to deem the NDI support services as commercial under Definition 5 instead of Definition 6 (because there is no apparent market price or catalog with any sales to the public.) 2. If possible, Sister A wants to obtain a statement from Sister B that these NDI support service are "similar" to other support services provided at the same time to the general public. (There might not be any sales data to the public provided by Sister B.) 3. If possible, Sister A wants to obtain sales data from Sister B for NDI support services provided to other federal agencies for similar services as a basis for (hopefully) an "appropriate" price analysis following the FAR "policy" outlined in FAR 15.404-1. The DoD Sample Commercial Item Checklist in Appendix B of the 08-01-2011 "Draft" Commercial Item Handbook (Version 2.0) shows NDI being grouped on page 74 with other commercial items in Part 1 prior to considering commercial services in Part 2. http://www.acq.osd.mil/dpap/cpic/draftcihandbook08012011.docx Is there anything else that Sister A in the above hypothetical approach can use in good faith to deem these NDI support services as commercial items under Definition 5 instead of Definition 6 of FAR 2.101? (I believe the definition does not provide for it.)
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