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Definition of "sold in substantial quantities"


Whynot

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Is there a current definition of "sold in substantial quantities" besides the definition that used to be found at 15.804-3(f)(2) pre FASA? For my purposes, I would like to find support for a definition of "Sold in Substantial Quantities" as "sales of more than a nominal quantity based on the norm of the industry segment. Models, samples, prototypes and experimental units are not substantial quantities". I am looking for a slam dunk - if possible.

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While I am no expert, I do not think you will find a "slam-dunk" definition of substantial quantity. In fact, I do not think a general one even exists. Perhaps if you tell us why you are trying to show or prove, we can provide a better answer.

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  • 3 weeks later...

Is there any FAR historian that knows what happen to the definition put forth in 15.804-1(B)(iv) found in Federal Register / Vol. 60, No. 4 / Friday, January 6, 1995 / Proposed Rules

iv) Sold in substantial quantities. An item is sold in substantial quantities if there are sales of more than a nominal quantity based on

the norm of the industry segment. For services to be sold in substantial quantities, they must also be customarily provided by the

offeror, using personnel regularly employed and equipment (if any is necessary) regularly maintained principally to provide the services.

http://www.gpo.gov/fdsys/pkg/FR-1995-01-06/html/95-12.htm

FAR Case 94-721

Is it valid to use this definition of "sold in substantial quantities" rather than the one removed in 15.804-3 even though this proposed definition never made it into the final rule?

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I don't think that you have a particularly strong argument that something is "sold in substantial quantities" because it meets a definition of the term that ended up on the cutting room floor. Did you look at the comments in the final rule to see why the proposed definition was changed?

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