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natavas

Assertion of commerciality

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Here is a question:

A subcontractor made a proposal to design, manufacture and sell widgets that did not include a commercial item assertion. Subcontractor was selected as a sole source for these products and has been selling these for a number of years. Can a subcontractor now assert commerciality for these parts?

Thanks  

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Sure, why not?  Maybe the marketplace has changed?

Tang orange drink was once a non commercial item, but is now a commercial item.  Maybe I date myself -- is Tang still around?

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PepeTheFrog loves Tang, and is always looking for more sweet, delicious, tempting Tang!

Back to the original question: PepeTheFrog has never heard of any "once non-commercial, always non-commercial" rule, and can't imagine a good reason for having such a rule. Things change. Non-commercial items can spread to the commercial marketplace. Another example besides sweet, delicious, tempting Tang is night vision goggles.

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6 hours ago, natavas said:

Here is a question:

A subcontractor made a proposal to design, manufacture and sell widgets that did not include a commercial item assertion. Subcontractor was selected as a sole source for these products and has been selling these [parts] for a number of years. Can a subcontractor now assert commerciality for these parts?

Thanks  

I have quoted the opening post in its entirety. That is a perfect example of a question being framed in such a way as to distract the unwary. The text that I have stricken out has no bearing on the answer. Anyone who reads the definition of commercial item in FAR 2.101 and thinks on it will know that the key information is in the underlined text and that it is not sufficient to permit anyone to answer the question.

Selling to who, natavas and for what use(s)?

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On 5/26/2016 at 6:48 AM, natavas said:

Here is a question:

A subcontractor made a proposal to design, manufacture and sell widgets that did not include a commercial item assertion. Subcontractor was selected as a sole source for these products and has been selling these for a number of years. Can a subcontractor now assert commerciality for these parts?

Thanks  

Let me agree with Vern that the original question is unclear.

Is natavas asking "After selection but before completion of price negotiation for a single-source contract that we are told requires submission of certified cost or pricing data, may a subcontractor claim its items are commercial items, even though it did not make such an assertion at the time of proposal submission?"

Because that's what I suspect is at the bottom of this inquiry.

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So it's now been nearly 3 weeks since natavas posted the original question. Vern and I both asked for some additional clarification. No additional clarification has been forthcoming.

I make a motion to ask Bob to close this thread to further posts.

Do I have a second?

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