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The DCMA CIG Handbook does cite "uses same production line as commercial items" as support for an assertion of commerciality, but it is not an acceptable basis in and of itself for claiming commerciality.

Your first big hurdle is to be able to draw a connection between the item and a commercial market for this or similar items.  If you can't do this, the likelihood of withstanding scrutiny of "the customarily used by non-government..." part of the definition is extremely low and it's likely to be rejected as invalid.  The supplier should walk through each phrase of the definition they're claiming and provide support on how they meet each.

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On 12/1/2020 at 12:48 PM, SCA_12012020 said:

Can a supplier assert/claim commerciality on a deliverable item (for US Gov't military use) based upon the build process being commercially available in the marketplace?   

Aside from the supplier justifying its assertion, a contractor should be able to endorse facts put forth by the supplier, request supporting documentation when needed, etc. The contractor therefore needs to also be well versed with commercial item exceptions and acceptable justifications. 

Edited by Neil Roberts
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