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The first two definitions below are new and  replace the old "Commercial Item" definition:  How do they work with each other and with the current FAR definition of "Supplies"?

From FAR 2.101:

"Commercial product means—

           (1) A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and–

                (i) Has been sold, leased, or licensed to the general public; or

                (ii) Has been offered for sale, lease, or license to the general public;..."

Also from FAR 2.101:

"Commercial service means—

           (1)Installation services, maintenance services, repair services, training services, and other services if–

                (i)Such services are procured for support of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the same time as the commercial product;..." 

And finally from FAR 2.101: 

"Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing."

So, do commercial  services for installation of a commercial product, constitute a supply purchase?

Or alternatively do the commercial installation services for a commercial product, constitute a service for purposes of 

...performance based service acquisition?

...appointing a COR?

...incorporating the Service Contract Labor Standards (Service Contract Act)?

 

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If you are conducting an acquisition for the purchase and installation of a commercial product, then you are conducting an acquisition of an item of a commercial product, i.e., an item of supply.

If you are conducting an acquisition for the installation of a commercial product separately from the purchase of the product, then you are conducting an acquisition of a commercial service.

I just made that up. Does it work for you?

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47 minutes ago, Vern Edwards said:

If you are conducting an acquisition for the purchase and installation of a commercial product, then you are conducting an acquisition of an item of a commercial product, i.e., an item of supply.

If you are conducting an acquisition for the installation of a commercial product separately from the purchase of the product, then you are conducting an acquisition of a commercial service.

I just made that up. Does it work for you?

Yes. And it avoids the rabbit holes, which for me, at least, is the point. 

Thank you, Vern.

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