Office of the

Secretary of Defense

Acquisition, Technology, and Logistics

(Acquisition Initiatives)

Commercial Item

Handbook

((VVeerrssiioonn 11..00))

NN OO VV EE MM BB EE RR 22 00 00 11

 

Contents 

Foreword..............................................................................................................iv 

PURPOSE ............................................................................................................................. IV

BACKGROUND..................................................................................................................... IV

COMMERCIAL ITEM DEFINITION ......................................................................................... IV

Chapter 1 Describing Agency Needs....................................................................1 

STATING REQUIREMENTS AND DEVELOPING ACQUISITION STRATEGIES...............................1 

PERFORMANCE-BASED REQUIREMENTS DESCRIPTIONS........................................................2 

Chapter 2 Market Research...................................................................................4 

SIGNIFICANCE OF MARKET RESEARCH .................................................................................5 

Team-Driven..................................................................................................................6 

Continuous Activity.......................................................................................................6 

Appropriate to the Circumstances..................................................................................7 

MARKET RESEARCH TECHNIQUES ........................................................................................7 

THE MARKET RESEARCH REPORT.........................................................................................7 

MARKET RESEARCH PRICING CONSIDERATIONS...................................................................8 

USING ACQUISITION HISTORY TO SUPPORT MARKET RESEARCH .........................................8 

HISTORICAL ACQUISITION INFORMATION AND QUESTIONS ..................................................8 

MARKET RESEARCH RESOURCES..........................................................................................8 

Chapter 3 Acquiring Commercial Items...............................................................9 

COMMERCIAL ITEM DEFINITION ...........................................................................................9 

COMMON MISPERCEPTIONS ABOUT COMMERCIAL ITEM ACQUISITIONS...............................9 

MAKING COMMERCIAL ITEM DETERMINATIONS.................................................................10 

SUBCONTRACT COMMERCIAL ITEM DETERMINATION.........................................................10 

Chapter 4 Pricing Commercial Items .................................................................11 

MARKET RESEARCH............................................................................................................11 

Pricing Factors.............................................................................................................11 

Market Leverage—The Key to Reasonable Prices and Best Value ............................12 

 i 
 

PRICE ANALYSIS .................................................................................................................12 

Appropriate Level of Effort .........................................................................................12 

Negotiating Fair and Reasonable Prices......................................................................12 

Reverse Auctioning......................................................................................................13 

Cost Accounting Standards..........................................................................................13 

SOLE-SOURCE SITUATIONS .................................................................................................13 

Need for Additional Data to Determine the Price To Be Fair and Reasonable ...........13 

INNOVATION AND INCENTIVES............................................................................................14 

CONFIGURATION CONTROL AND LOGISTICS SUPPORT ........................................................15 

PRICING SUPPORT RESOURCES............................................................................................15 

Chapter 5 Contracting for Commercial Items ....................................................16 

CONTRACT TYPE.................................................................................................................16 

CONTRACTING POLICIES AND PROCEDURES........................................................................16 

COMMERCIAL ITEM TERMS AND CONDITIONS ....................................................................17 

TAILORING PROVISIONS AND CLAUSES...............................................................................17 

SUBCONTRACTING FOR COMMERCIAL ITEMS......................................................................18 

Chapter 6 Administering Commercial Item Contracts.......................................19 

INSPECTION AND ACCEPTANCE...........................................................................................19 

PERFORMANCE MANAGEMENT ...........................................................................................19 

Chapter 7 Special Considerations.......................................................................21 

GOVERNMENT SUPPLY SOURCES ........................................................................................21 

Multiple-Award Schedules, Multiple-Award Task and Delivery Order 

Contracts, Government-Wide Acquisition Contracts, and MultiAgency Contracts.............................................................................................21 

Federal Prison Industries, Inc., Program......................................................................22 

Javits-Wagner-O’Day Program ...................................................................................22 

SECTION 8(A) PROGRAM.....................................................................................................22 

SIMPLIFIED ACQUISITIONS ..................................................................................................22 

 ii 
Contents 

Figures 

Figure 1. Market Research Drives the Preaward Process..............................................5 

Appendices 

Appendix A, Commercial Acquisitions Policy Memorandum 

Appendix B, Definitions 

Appendix C, Commercial Item Definition Discussion 

Appendix D, Sample Commercial Item Checklist 

Appendix E, Performance-Based Requirements Descriptions Resources 

Appendix F, The Market Research Team

Appendix G, Sample Market Research Report 

Appendix H, Market Research Questions—Historical Acquisition Information 

Appendix I, Market Research Resources 

Appendix J, Categories Related to Commercial Items 

Appendix K, Alternative Approaches to Commercial Item Determinations

Appendix L, Market Research—Pricing Information Sources 

Appendix M, Market Research Questions—Price-Related Information 

Appendix N, Price Analysis Techniques 

Appendix O, Achieving Fair and Reasonable Prices for Sole-Source Items 

Appendix P, Configuration Control and Logistics Support 

Appendix Q, Pricing-Support Resources 

Appendix R, Mandatory Commercial Item Terms and Conditions 

Appendix S, Buying Commercial Items through Multiple-Award Task and 

Delivery Order Contracts and Multiple-Award Schedules 

 iii 

Foreword 

On January 5, 2001, the Under Secretary of Defense (Acquisition, Technology and Logistics) 

(USD[AT&L]) issued a policy memorandum to provide immediate clarification on commercial 

item acquisitions (see Appendix A).This Commercial Item Handbook has been issued to provide 

further guidance on sound business strategies for acquiring commercial items. 

PURPOSE

The purpose of the Handbook is to help acquisition personnel develop sound business strategies 

for procuring commercial items. The Handbook focuses on how market research and crosscompetency teaming can increase the Government’s cost-effective use of commercial items to 

meet warfighter needs. The Handbook offers suggestions on questions to ask, and it points to 

additional sources of information, sources of training, and available tools. The Handbook is 

designed to be a practical reference tool for use in commercial item acquisitions. Appendix B 

defines terms used in the Handbook. 

BACKGROUND

Since the passage of the Federal Acquisition Streamlining Act of 1994 (FASA), the preference 

within the Federal Government has shifted from the acquisition of items developed exclusively 

for the Government to the acquisition of commercial items. This change was necessary to take 

full advantage of available and evolving technological innovations in the commercial sector. The 

Government’s increased reliance on commercial items is essential to provide technology 

solutions that increase warfighter capabilities. 

COMMERCIAL ITEM DEFINITION

The definition of “commercial item” is broad. It encompasses items that have been offered for 

sale to the general public but not yet sold; items that have been sold but not in “substantial” 

quantities; items requiring modifications customary in the marketplace or minor modifications 

unique to the Government; many services; and certain nondevelopmental items (see Appendix B, 

Definitions). This broad definition enables the Government to take greater advantage of the 

commercial marketplace. 

Acquisition professionals must begin each acquisition by conducting market research appropriate 

to the circumstances to determine if the supply or service to be procured (even if only at a subsystem level) is available commercially. Only after careful review of the commercial item

definition—and the gathering of significant evidence that the item is not commercial—should 

they consider the item Government-unique. The following sources are available for exploring the 

multifaceted “commercial item” definition:

iv 
Foreword 

◆ Appendix C, Commercial Item Definition Discussion. 

◆ Appendix D, Sample Commercial Item Checklist. 

v 
Chapter 1 

Describing Agency Needs 

Mission need is the preeminent concern in developing requirements documents. The Government

has substantial latitude to describe its needs in terms that take optimum advantage of the best 

industry practices available, such as distribution and support options, methods for assuring 

reliability, and other capabilities of the marketplace. The essential supply/service characteristics 

defined during requirements identification should not change in other stages, such as market 

research and acquisition. However, all members of the acquisition team need to be open to 

adapting the requirements description and the acquisition strategy as market research permits a 

greater understanding of how commercial items may be used to satisfy mission needs. 

Requirements personnel and contracting officers should work together to ensure that commercial 

items can be—and are—used. The key to this process is aggressive and thorough market 

research, which is discussed in Chapter 2. 

STATING REQUIREMENTS AND DEVELOPING 

ACQUISITION STRATEGIES

Every acquisition begins with a series of steps addressing important questions such as the 

following: 

What supply/service is required, and how can this requirement be stated in a 

performance-based manner? (Note that, by statute, when a service is required, 

performance-based methods are the preferred approach.) 

◆ 

◆ 

◆ 

◆ 

What general capabilities are available in the marketplace to satisfy the requirement? 

Can commercial items or modified commercial items satisfy the requirement? 

How can the basic requirements statement be refined to maximize the benefit of 

competitive market forces and the use of commercial items without increasing the 

potential for product failure and/or greater life cycle costs?

To the utmost extent possible, Government requirements must be stated in terms of measurable 

standards—functions to be performed, desired performance, or essential physical characteristics. 

(Whatever way performance standards are described, it is important that they be easily measured 

using a minimum amount of Government resources.) This mandate promotes the use of a 

commercial item to fulfill the end-user’s needs. A second way of encouraging commercial firms 

to offer new and innovative products/services to fulfill the end-user’s needs is to state 

requirements in industry-standard terminology and permit the use of commercial practices. 

Drafting performance-based requirements begins with the drafting of a statement of the user’s 

need, including a number of performance features the end-user would like to have. This 

1 
Describing Agency Needs 

statement should define the operational need for the item, including the intended application, and 

should also define the desired support services, such as training, testing, maintenance, and repair 

services. Stating requirements in a performance-based manner, rather than specifying exactly 

how the item should be manufactured or the service performed, allows for a greater field of 

offerors and solutions, thereby increasing the possibility that previously unforeseen solutions 

available in the commercial marketplace will emerge to fulfill the mission requirements. 

As the process to refine requirements continues, other factors such as supplier capabilities and 

logistics support that could impact the requirements should also be considered. Additionally, 

factors such as product availability and upgrade plans, as well as customary warranty and 

reliability assurances, should be considered and their impact appropriately discussed in the 

acquisition planning stage. Budget realities often dictate the need for price-versus-performance 

tradeoffs, but again, tradeoffs should not fundamentally change the essential performance 

characteristics. The basis for making these types of decisions and tradeoffs is established through 

market research. 

The clear definition of hardware and software interfaces is another factor to consider in 

developing requirements and acquisition strategies when several sub-systems will be linked 

together within a single system. Periodically, software interfaces may need to be redesigned to 

keep up with evolving commercial technology and improve total weapon system performance. 

Where appropriate, the Government should develop acquisition strategies that make contractors 

responsible for managing software interfaces and that encourage the seamless integration of 

technology upgrades into existing systems. Also, requirements should be written in such a way 

as to encourage the acquisition of commercial items at the sub-system or component level, where 

appropriate. 

In the requirements and acquisition strategy development process, the Government should not 

expect or require the contractor to provide detailed design data for commercial items. This 

strategy can go a long way to remove a barrier identified by contractors reluctant to do business 

with the Government and can increase access to innovative solutions available as a result of a 

larger market of opportunity. 

PERFORMANCE-BASED REQUIREMENTS 

DESCRIPTIONS

The key aspects of a performance-based requirements description include 

a description of the expected output or outcomes or a statement expressing the 

performance characteristics, 

◆ 

◆ 

◆ 

◆ 

a definition of the environment in which the work will be performed, 

measurement criteria to gauge actual versus expected performance, and 

procedures for re-performance or reduction in price if the item or service does not meet 

the performance standards. 

 2 
Describing Agency Needs 

Requirements descriptions that have these characteristics are called performance-based 

statements of work, or statements of objectives. A well-thought-out performance-based 

requirements description is essential for ensuring that the Government receives a supply or 

service that meets the established requirements. Performance-based requirements descriptions 

state the Government’s required outcomes and provide criteria for measuring and verifying 

performance; they do not dictate the specific methods to be used to achieve those outcomes. It is 

essential to perform a thorough job analysis so that appropriate, measurable performance 

standards (outputs) including appropriate quality levels can be set forth in the solicitation. Tying 

contractor compensation and financial risk to successful achievement of these quality and 

performance standards increases the chances that the Government will receive supplies or 

services that fulfill its requirements. For resources related to performance-based requirements 

descriptions, see Appendix E. 

3 

Chapter 2 

Market Research 

Although acquisition personnel have historically engaged in market research, in today’s 

environment, to ensure that high-quality Defense solutions are provided to the end-user at a 

reasonable price, it is necessary to conduct that research in greater depth. Further, it is essential 

that today’s market research be conducted by drawing on the knowledge of all team members up 

front, to ensure ongoing access to evolving technologies. Additionally, acquisition personnel 

must create acquisition strategies that facilitate the introduction or incorporation of evolving 

commercial items into Defense systems. 

When market research indicates that the Government’s need can be met by an item of supply or a 

service that meets the broad definition of a commercial item and that is of a type customarily 

available in the marketplace, then the contracting officer must solicit and award a contract using 

the commercial item acquisition policies found in Federal Acquisition Regulation (FAR) Part 12. 

If market research indicates that commercial items might not be available to satisfy the agency’s 

needs, the agency must reevaluate those needs and determine whether they can be restated so as 

to permit the use of commercial items. 

When thorough market research indicates that commercial items are not available to meet the 

Government’s needs, the contracting officer must include Numbered Note 26 in the 

presolicitation synopsis. This note notifies potential offerors that interested persons have 15 days 

to indicate their ability to satisfy the requirement with a commercial item. Any “commercial” 

item identified by a potential offeror in response to Numbered Note 26 must be evaluated for 

technical acceptability. 

Figure 1 depicts how market research drives much of the preaward process. 

4 
Market Research 

Figure 1. Market Research Drives the Preaward Process 

Initial agency

need

Government

team

conducts

market

research

Prepare

governmentunique

requirements

document

Prepare

CI-based

requirements

document

Prepare 

Part 12

solicitation

Potential

commercial

market

solutions

Prepare 

Part 15*

solicitation

No

New information

on CI

No new

information

on CI

Yes

Mandatory

source

review

CI = Commercial item

*Even though Part 14 is available for use, it does not match well with FAR Part 12.

FAR Part 14 is designed for procurements with highly specific statements of work.

FAR Part 12 often relies on performance specifications.

No No

Yes

Yes

START

Potential

modified

commercial

solution

Revise

requirements

to meet

commercial

solutions

Numbered

Note 26

SIGNIFICANCE OF MARKET RESEARCH

DoD conducts market research to arrive at the most suitable approach to acquiring, distributing, 

and supporting supplies and services and to determine potential sources. Some specific benefits 

that may accrue from performing thorough market research include: 

◆ minimizing the risk of doing business, for both the Government and the contractor; 

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

uncovering and identifying potential problems, thereby reducing risks associated with 

contingencies; 

obtaining information to support price reasonableness determinations; 

creating a benchmark to track progress during contract performance; 

evaluating the contract’s success;

identifying additional sources; and 

understanding better the options available to satisfy the Government’s requirement. 

5 
Market Research 

Team-Driven

Broadly speaking, the Government uses market research to collect information in three areas: 

technical, pricing, and terms and conditions. DoD does not have a specific job category called 

“market researcher”; instead, a wide range of professionals are called upon to perform market 

research related to their area of expertise. Traditionally, the program management office or the 

requiring activity has conducted the market research, relying heavily on inputs almost entirely 

from the technical community. However, in this new business environment, representatives from 

all disciplines (e.g., technical, contracting, logistics, and costing) need to be included early in the 

process. (For a discussion of the composition of the market research team, see Appendix F.) 

Information gathered during market research should be used to refine the requirements so as to 

maximize the benefit of competitive market forces. To provide input to the team on acquisition 

strategy, procurement/contracting personnel gather information on customary contract terms and 

conditions for acquiring the type of item or service being procured, representative incentive 

provisions, customary practices of the particular industry regarding product modifications and 

tailoring, and expected pricing practices. To provide input to the team on product life-cycle 

decisions, logistics personnel need insight into standard industry practices regarding reliability 

incentives versus warranties, product obsolescence, and spares provisions. To obtain the greatest 

benefit from using commercial practices, it is necessary to consider all aspects of the business 

strategy up front. 

In the absence of specific agency guidance or individual team arrangement, the contracting 

officer should take the responsibility for the market research effort. A partnership between 

contracting and requirements personnel is especially crucial to the market research effort. 

Contracting personnel need the input, guidance, and support of requirements personnel to enable 

the use of commercial item acquisitions by identifying possible commercial components and 

technologies. Contracting personnel need to be actively engaged as part of the market research 

effort to help all members of the acquisition team find satisfactory solutions that both stay within 

the bounds of regulations and preserve the integrity of the acquisition process. (For example, 

requirements personnel play a vital role early in the market research process but a background 

role in later processes such as negotiations, evaluation, and source selection.) 

Continuous Activity 

It is important that market research continue throughout an acquisition, in order to gather the 

kind of data needed for making smart acquisition decisions. Information is a changing 

commodity, and sound business judgments depend on up-to-date details. The team actively 

conducts market research to develop a sound acquisition strategy, a good understanding of 

customary commercial terms and conditions, and sufficient information to enable the 

achievement of fair and reasonable pricing. The level of detail gathered may vary by stage in the 

acquisition process. When the initial requirements statement is being developed, a general 

understanding of terms and conditions and pricing may suffice for making higher-level 

requirements analysis judgments. However, to be sure that the market will be able to respond to 

the Government’s needs, and to ensure that the final acquisition strategy and the solicitation will 

fit the particular market’s customary business practices, a more in-depth understanding of the 

types of terms and conditions being offered commercially will be required. Furthermore, firm

 6 
Market Research 

knowledge of market pricing information is necessary for planning for contract obligations and 

determining price reasonableness. As the acquisition matures, the market research information 

will need to be increasingly precise. 

Appropriate to the Circumstances 

Since market research is a business operation, it should be conducted in a cost-effective manner. 

This means that its extent will vary, depending on such factors as urgency, estimated dollar 

value, complexity, and past experience. It will be necessary to conduct market research 

appropriate to the circumstances before developing new requirements documents and before 

soliciting above the simplified acquisition threshold. 

MARKET RESEARCH TECHNIQUES

Some market research techniques include 

contacting knowledgeable individuals in Government and industry regarding market 

capabilities,

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

reviewing results of recent market research reports covering similar items, 

publishing formal requests for information, 

querying Internet information sources, 

obtaining source lists from other agencies or from associations, 

reviewing catalogs and product literature, and 

conducting interchange meetings or holding presolicitation conferences and other 

Government-industry interchanges. 

THE MARKET RESEARCH REPORT

Not only the current acquisition, but future commercial item acquisitions can benefit from the 

teaming and market research involved in any given commercial item acquisition—but only if a 

market research report is produced to capture for future application the details of that acquisition. 

The Government should document and retain for future reference potentially useful aspects of 

market research, in a manner appropriate to the size and complexity of the acquisition. Appendix 

G sets forth a sample market research report format; however, individual judgment ought to be 

used in each acquisition to determine just which details are important for inclusion in the final 

report. Many appendices in this handbook provide useful market research information, including 

Appendix D, Sample Commercial Item Checklist; Appendix G, Sample Market Research Report; 

Appendix H, Market Research Questions—Historical Acquisition Information; Appendix I, 

Market Research Resources; Appendix L, Market Research—Pricing Information Sources; 

7 
Market Research 

Appendix M, Market Research Questions—Price-Related Information; and Appendix N, Price 

Analysis Techniques. 

MARKET RESEARCH PRICING CONSIDERATIONS

Market research must be used when developing Government requirements and determining how 

to satisfy them. This research is required because the decisions made in the presolicitation phase

will be key factors in defining what the Government receives and the price the Government will 

pay. Better understanding of the marketplace increases the likelihood that the Government’s 

needs will be met at a reasonable price. 

This same understanding of the marketplace will provide the basis for developing more accurate 

contract price estimates than have historically been available. Preliminary price estimates 

resulting from thorough market research, as well as increased insight into the factors that affect 

contract price, will be key inputs to the acquisition planning process and possibly even to the 

final determination of price reasonableness. Chapter 4 provides more detail on the importance of 

market research with regard to pricing commercial items. 

USING ACQUISITION HISTORY TO SUPPORT MARKET 

RESEARCH

Contracting officers should review the acquisition history of the supplies or services. This review 

helps ensure that all relevant prior prices are considered in estimating the proper price of the 

current acquisition. Part of that price relevancy review should include an assessment of any 

historical documentation related to the prior price reasonableness determination. 

HISTORICAL ACQUISITION INFORMATION AND 

QUESTIONS

Historical data provide a picture of what happened in the past. It is important to give appropriate 

consideration to how changes might have affected the current acquisition environment. The table 

presented in Appendix H highlights questions the Government should consider when market 

research is completed. 

MARKET RESEARCH RESOURCES

See Appendix I for sources that can be consulted when performing market research. 

 8 
9 
Chapter 3 

Acquiring Commercial Items 

COMMERCIAL ITEM DEFINITION

The commercial item definition (see Appendixes B and C) is broad. It embraces any item of a 

type customarily used by the general public or by nongovernmental entities for purposes other 

than Government purposes that has been sold, leased, or licensed or offered for sale, lease, or 

license to the general public. Also included in the commercial item definition is any item that has 

evolved from a commercial item as described above, through technical/performance advances, 

even if it is not yet available in the commercial marketplace, as long as it will be available in 

time to satisfy the Government’s requirements. Commercial items do not necessarily have to be 

“off-the-shelf”; items that merely require modifications of a type customarily available in the 

commercial marketplace, or else minor Government-unique modifications, can still be 

considered commercial items. (To qualify as representing a minor modification, the item must 

retain a predominance of nongovernmental functions or physical characteristics.) Additionally, 

the FAR commercial item definition includes many services. A service is considered a

commercial item when it is provided in support of a commercial item as previously defined. A 

service is also considered a commercial item when it is of a type offered and sold competitively 

in substantial quantities in the commercial market on the basis of established catalog or market 

prices for specific tasks performed under standard commercial terms and conditions. The 

definition also includes any combination of commercial items (except “of a type” services) that 

are customarily combined and sold in combination to the general public.

The commercial item definition is not limited to items acquired by the Government from prime 

contractors; it also extends to commercial items acquired from subcontractors at all tiers, 

including items transferred from a contractor’s divisions, affiliates, or subsidiaries. Acquisition 

professionals are responsible for developing requirements and acquisition strategies that facilitate

the inclusion of commercial items in Government-unique systems. 

Commercial off-the-shelf (COTS) items, nondevelopmental items (NDIs), and Government offthe-shelf (GOTS) items are related to commercial items, but the terms are not synonymous. 

Further, the fact that a supply or service to be procured does not easily fit into the NDI or GOTS 

categories does not in itself mean that it is not a commercial item. (For more details, see 

Appendix J.) 

COMMON MISPERCEPTIONS ABOUT COMMERCIAL 

ITEM ACQUISITIONS 

Some members of the acquisition community have expressed concern that FAR Part 12 contracts 

afford the Government less assurance that the acquisition will result in receipt of a high-quality 

product. But a well-planned and well-constructed commercial acquisition can provide greater 

9 
 

protection against poor quality than a Government-unique contract provides. When a commercial 

market exists for a product, the Government should be able to choose from a range of supplies or 

services providing the best value to the Government. 

Additionally, a product does not have to be developed at private expense to be commercial. Even 

if the Government has paid for its development, or even if it has a military origin, a commercial 

market might subsequently develop for it. The issue of who paid for development is not part of 

the commercial item determination. Furthermore, the offered price is not part of the commercial 

item determination. The commerciality determination precedes and is separate from the price 

reasonableness determination. 

Along these same lines, the fact that an item may meet unique Government requirements does 

not, in and of itself, mean that it is a Government-unique item. Other misperceptions about 

commercial items include the inaccurate beliefs that the exact part number must be sold in the 

commercial market, a commercial service cannot be performed on a military item, and a 

commercial item cannot be incorporated into a military system. 

An item is commercial because of the supply or service itself, not because of who provides the 

item. For example, a Government source such as NIB/NISH can be governed by a FAR Part 12 

contract for janitorial services even if it does not provide those services in a commercial market. 

MAKING COMMERCIAL ITEM DETERMINATIONS

Because they rely on flexibility and the exercise of sound business judgment by Government 

acquisition personnel, commercial item policies and procedures also rely heavily on the 

education, training, and professional expertise of acquisition personnel. An inevitable by-product 

of the reliance on business judgment is wide variation in interpretations and application of 

policies and procedures. The decision as to whether the Government’s requirements for a 

specific acquisition can be met by a commercial item is based on market research and an analysis 

of the marketplace. 

Several alternative approaches can be used to streamline the item-by-item determination process 

currently in use. See Appendix K for a discussion of these alternative approaches, which are 

intended to increase the consistency of decisions across a department or agency. 

SUBCONTRACT COMMERCIAL ITEM DETERMINATION

All requirements should be drafted to require that both the prime contractors and subcontractors 

at all levels incorporate commercial items, to the maximum extent practicable, as components of 

items supplied to the agency. The prime contractor has the authority and responsibility for 

determining whether an item to be supplied by a subcontractor is a commercial item. Contractors 

and subcontractors at all tiers are expected to exercise reasonable business judgment in making 

such determinations, as with any other subcontracting-related decision. All commercial item

decisions are expected to be consistent with the guidelines set forth in the FAR. 

 10 
Chapter 4 

Pricing Commercial Items 

In the commercial marketplace, knowing what is being bought and assessing the relative value of 

an item from the customer’s perspective are more important than knowing the cost incurred by 

the supplier. When people buy a television set, they don’t review the cost of the components, 

materials, transportation, and so forth. Instead, they consider product features, the reputation of 

manufacturers (i.e., previous performance), relative prices of various brands and models, and the 

like and make a best-value selection consistent with their personal needs and budget constraints. 

The amount of profit the manufacturer makes is irrelevant, as long as the customer believes that 

the product received represents the best value available from the alternatives considered. 

Likewise, when commercial items are bought for the Government, the emphasis is on market 

research and on obtaining the best value, taking into account not only price but also quality 

considerations. 

MARKET RESEARCH

Market research can be used to locate many sources of pricing information, including those 

identified in Appendix L. Thorough market research will help to identify market conditions or

other factors that may affect the price of the item or service. The determination of price 

reasonableness can be based upon the following items or combination of items: 

◆ Prices for commercial items sold, or offered for sale, to the public. 

◆ 

◆ 

◆ 

◆ 

Potential value of modifications to commercial items. 

Acquisition histories, including prices paid for purchases of similar items. 

Prices for similar items on mandatory and optional schedules. 

Product catalogs and price lists. 

For the final two items above, the contracting officer should also determine what prices were 

actually paid, rather than just relying on the published schedule, catalog, or price list. Suppliers 

often discount published prices, and a price reasonableness determination should take such price 

reductions into account. 

Pricing Factors 

The table in Appendix M identifies the type of price-related questions that the Government 

should be able to answer when market research is completed. 

11 
 

Market Leverage—The Key to Reasonable Prices and Best Value 

A thorough understanding of the marketplace is necessary for adequately evaluating factors that 

influence pricing in a particular market. Each marketplace has its unique characteristics and 

dynamics; therefore, buyers and sellers enter the marketplace with different amounts of leverage. 

Leverage is determined by a number of factors in addition to the traditional forces of supply and 

demand that make buyers and sellers attractive business partners to one another. Buyers increase 

their leverage when larger quantities are purchased, full lines of products and services offered are 

taken advantage of, flexible terms and conditions are used, unique requirements or specifications 

are minimized, long-term partnerships are committed to, existing commercial distribution 

systems are used, and so forth. The more attractive the Government can make itself as a buyer, 

the more likely it is that world-class sellers will enter into contracts with the Government, that

favorable terms and conditions will be negotiated, and that lower prices will be paid. 

By understanding the requirement as well as the marketplace, the acquisition team is better able 

to match marketplace capability with customer need. Every member of the acquisition team has a 

role in ensuring that the Government has maximum leverage in the marketplace. By working as a 

team, the various functional experts can achieve optimum results instead of simply maximizing 

the outcome according to the narrow perspective of the expert’s particular functional area. The 

grouping and timing of requirements, the specifications and packaging, testing requirements, 

payment terms, and the like can all influence the ability to get the best deal for the Government. 

Often, trade-offs among the various functional experts on the team are necessary. 

PRICE ANALYSIS

Commercial items—like any other supplies or services bought by the Government—must be 

purchased at fair and reasonable prices. Price analysis, supported by market research, is the 

preferred method for determining whether prices paid for commercial items are fair and 

reasonable. (See Appendix B for a definition of price analysis.) Price analysis techniques include 

those identified in Appendix N. 

Appropriate Level of Effort 

The level of effort expended to determine price reasonableness should be commensurate with the 

circumstances of the acquisition. The total dollar value of the procurement and the urgency of the 

requirement are two factors to consider when making that determination. For example, it would 

be inappropriate to unreasonably delay an award for repair parts for a piece of equipment if 

greater costs are being incurred because the equipment is out of service. Likewise, it would not 

be appropriate to incur reverse engineering expenses unless it is likely that savings on future 

procurements will offset the cost of doing so. In any event, the level of effort expended should 

enable a determination that a price is fair and reasonable. 

Negotiating Fair and Reasonable Prices 

The fact that a published price exists for a commercial item under consideration does not 

necessarily mean that the price is fair and reasonable. Developing an effective bargaining 

 12 
Pricing Commercial Items 

position is important in any acquisition. Armed with the results of their market research and 

other information, buyers should be able and willing to challenge offered prices—especially 

those that appear unreasonable. 

Both the buyer and the seller have an equal right to engage in hard bargaining. At the same time, 

the ultimate success of acquisition reinvention depends upon two-way cooperation and a desire 

by both parties to establish and maintain a mutually advantageous business relationship. If a 

seller is unwilling to negotiate, this behavior should be documented as part of historical 

acquisition data and considered in future source selections. 

Reverse Auctioning 

Reverse auctioning over the Internet can be used as a pricing tool to obtain the information 

necessary to render a best-value determination. It can also be used to bring competition to a 

Government supply list. Reverse auctions are marketplaces in which many sellers compete for 

the buyer’s purchase. A buyer issues a request for supplies or services, and sellers respond in real 

time with their offers. Where competition exists, the reverse auction environment results in 

driving down the sellers’ offered prices. Several online sources for reverse auctioning exist, 

including the General Services Administration’s (GSA’s) Buyers.gov (http://www.buyers.gov), 

which marries the Federal Supply Schedules (FSS) and reverse auctioning. 

Cost Accounting Standards 

The applicability of Cost Accounting Standards (CAS) is an important consideration in pricing 

many acquisitions. However, by law, CAS rules do not apply to contracts and subcontracts for 

the acquisition of commercial items. 

SOLE-SOURCE SITUATIONS

Contracting officers and requirements personnel should work together to avoid sole-source 

situations. Competition is enabled when needs are broadly stated in terms of performance 

outcomes. However, a sole-source situation may be unavoidable, presenting pricing challenges. 

Commercial buyers can pay “whatever the market will bear” to get a needed part, although smart 

buying practices include obtaining reasonable prices. Government buyers procuring the same

items are still held to the higher standard of “fair and reasonable.” The procedures and 

techniques set forth above for market research and price analysis will provide the best 

opportunity to acquire items at reasonable prices. Opportunities to obtain any form of market 

leverage in these situations may be limited. However, Appendix O illustrates how some

techniques may be useful in achieving fair and reasonable prices even when the Government has 

a minimum of market leverage. 

Need for Additional Data to Determine the Price To Be Fair and 

Reasonable 

If, after market research has been conducted and the appropriate price analysis techniques have 

been applied, the offeror’s price for a sole-source commercial item cannot be determined to be 

13 
 

fair and reasonable, then the contracting officer may require the offeror to submit cost 

information to support further analysis. Contracting officers should not require more data than 

necessary to make the price reasonableness determination. Contracting officers may not require 

contractors to certify any supporting cost information. 

Even with the aid of uncertified cost information, a contracting officer may be unable to 

conclude that the price a sole-source supplier asks is fair and reasonable. (This also could be true 

even in traditional procurements using certified cost or pricing data and cost analysis.) When the 

contracting officer cannot conclude that the price of a commercial item is fair and reasonable, 

after exploring the various market alternatives that would effectively meet the agency’s needs 

with the requiring activity and other members of the acquisition team, the contracting officer 

should consider any suitable noncommercial items. If there are none, the contracting officer 

should escalate negotiations in accordance with agency procedures. If the price still cannot be 

determined to be fair and reasonable, the item ordinarily should not be acquired. If, however, it is 

not in the Government’s best interest to forgo or delay the procurement, then it is essential that

the contracting officer document the difficulty he or she had in determining the price to be fair 

and reasonable. The contracting officer then may make the award. Careful file documentation 

will enable subsequent buyers to fully understand the circumstances surrounding the prices paid, 

should there be a need for future acquisitions of the same item. If the requirement is likely to 

recur, it is imperative that the acquisition team take any steps necessary to enhance the 

Government’s market leverage and negotiating position prior to the next procurement. 

INNOVATION AND INCENTIVES

Contracting officers can also use innovative acquisition strategies and pricing incentives to 

encourage fair pricing and favorable business practices. Favorable outcomes can also be 

considered, such as cost reductions to the Government resulting from improved support services. 

Enhanced performance levels can also be rewarded through the Government’s evaluation 

criteria. For instance, the Government can provide a higher evaluation rating to a company that 

has demonstrated a positive reliability curve for its supplies. 

The Department of the Navy has developed a Naval Strategy for Commercial Contracting. In a 

memorandum dated April 24, 2000, Navy buyers are encouraged to incorporate an innovative 

commercial contracting strategy using a two-phased approach involving a commercial area 

announcement followed by a request for commercial offering. For additional innovative 

acquisition strategies, see the Army’s report entitled Constructing Successful Business 

Relationships: Innovation in Contractual Incentives, or the Air Force’s Award Fee and Award 

Term Guide. The Army’s report suggests award term contracting as a successful strategy. Under 

award term contracting, the Government establishes objective performance parameters in the 

underlying contract and announces up front that it intends to shorten or lengthen the period of 

performance (minimum and maximum) on the basis of the contractor’s performance against 

those parameters. 

 14 
Pricing Commercial Items 

CONFIGURATION CONTROL AND LOGISTICS SUPPORT

An important aspect of pricing is the consideration of life-cycle costs, including configuration 

control and logistics support. Systems managers need to design and plan for the appropriate level 

of configuration control, one that is tied to the long-term support strategy (e.g., contractor 

support versus organic support, and at what levels). For more details on this topic, see Appendix 

P. 

PRICING SUPPORT RESOURCES

The sources listed in Appendix Q are available to provide pricing support. 

15 

Chapter 5

Contracting for Commercial Items 

CONTRACT TYPE

To the maximum extent practicable, agencies must use firm-fixed-price contracts or fixed-price 

contracts with economic price adjustment for the acquisition of commercial items. These 

contract types may be used in conjunction with an award-fee incentive and performance or 

delivery incentives when the award fee or incentive is based solely on factors other than cost. 

Indefinite-delivery contracts, including single- or multiple-award task order contracts or delivery 

order contracts and the Federal Supply Schedules, may be used when the prices are established 

on the basis of a firm fixed price or a fixed price with economic price adjustment. Use of costreimbursement contracts to acquire commercial items is prohibited. 

For services that are available on a time-and-material or labor-hour basis in the commercial 

market, certain pricing strategies can be used to acquire them through Part 12, as long as the 

contract type itself remains within the parameters discussed above. One strategy is the use of an 

indefinite-delivery contract with established fixed hourly rates that permit negotiating orders 

(including any required materials). A second strategy is the use of sequential contract actions that 

acquire the requirement in modular components. An example of this strategy is a preliminary 

firm-fixed-price “diagnostic” effort allowing the contractor to understand the scope of the work 

sufficiently to propose the larger requirement on a firm-fixed-price basis. 

CONTRACTING POLICIES AND PROCEDURES

The question arises often of how the policies for acquiring commercial items fit with the other 

acquisition policies and procedures. FAR Part 12 prescribes policies and procedures unique to 

the acquisition of commercial items, but it is not a “stand alone” part. The FAR Part 12 policies 

must be used in conjunction with the policies and procedures for solicitation, evaluation, and 

award of contracts and orders set forth in either Part 13, Simplified Acquisition Procedures; Part 

14, Sealed Bidding; or Part 15, Contracting by Negotiation, as appropriate for the particular 

acquisition. 

FAR Subpart 13.5 authorizes a test program that allows issuance of solicitations under simplified 

acquisition procedures for procuring supplies and services in amounts greater than the simplified 

acquisition threshold but not exceeding $5 million, including options. Currently this authority 

will expire on January 1, 2002. The test program allows FAR Part 13 procedures to be used if the 

contracting officer reasonably expects—on the basis of the nature of the supplies or services 

sought and market research—that offers will include only commercial items. Under this test

program, contracting officers may use any simplified acquisition procedure in FAR Part 13, 

subject to the specific dollar limitation applicable to that particular procedure. The test program’s 

purpose is to vest contracting officers with additional procedural discretion and flexibility, so 

16 
Contracting for Commercial Items 

that commercial item acquisitions in this dollar range may be solicited, offered, evaluated, and 

awarded in a simplified manner that maximizes efficiency and economy and minimizes the 

burden and administrative costs for both the Government and industry. 

COMMERCIAL ITEM TERMS AND CONDITIONS

Contracts for procuring commercial items must, to the maximum extent practicable, include only 

those contract clauses needed to implement law, regulation, or Executive Order or determined to 

be consistent with customary commercial practice. To implement this mandate, FAR Part 12 

prescribes limited solicitation provisions and contract clauses. They are a compilation of the 

FAR provisions and clauses considered most likely to apply to commercial items. (See Appendix 

R for further details.) 

FAR Part 12 minimizes the number of provisions and clauses required for commercial item

acquisitions. Notwithstanding prescriptions contained elsewhere in the FAR, when acquiring 

commercial items, contracting officers need use only those provisions and clauses prescribed in 

Part 12. Note, however, that since the FAR Part 12 provisions and clauses were written to 

address commercial market practices covering a wide range of potential commercial item

acquisitions, they usually need to be tailored to suit the specific acquisition. The bottom line is 

that, instead of requiring contracting officers to include standard FAR provisions and clauses in 

accordance with their prescriptions, FAR Part 12 provides significantly increased flexibility to 

negotiate a mutually satisfactory agreement. 

While the Part 12 provisions and clauses will suffice for a wide range commercial item

acquisitions, it sometimes may be appropriate to incorporate provisions or clauses from

elsewhere in the FAR to protect the Government’s interest. Accordingly, contracting officers 

need to exercise good business judgment and consider policies and terms and conditions in other 

parts of the FAR that may be appropriate for assuring the successful performance of a proposed 

acquisition. Note, however, that other FAR provisions and clauses can be used only when their 

use is consistent with customary commercial practices or when a waiver is obtained in 

accordance with agency procedures. The customary terms and conditions will vary depending on 

the product (e.g., customary terms for launch services will not be the same as those for standard 

software). The incorporation of such terms and conditions will typically result in tailoring 

solicitation provisions and clauses, discussed in the following section. 

TAILORING PROVISIONS AND CLAUSES

Within certain limits, the contracting officer can tailor the FAR Part 12 commercial item

provisions and clauses to adapt to the particular commercial market in which he or she is 

working. The FAR gives contracting officers authority to tailor solicitation provisions and 

contract clauses when the tailoring is consistent with commercial practices for the item being 

procured. Tailoring in a manner inconsistent with commercial practice requires approval in 

accordance with agency procedures. For more details on tailoring, see Appendix R. 

Government procurement professionals are responsible for conducting market research in order 

to be familiar with the details of commercial buying and selling practices. Be aware that, in the 

17 
 

commercial marketplace, both “seller’s” and “buyer’s” terms exist; know which version is being 

proffered as “standard commercial practice.” A “customary” practice does not have to be used by 

a majority of buyers and sellers, as long as it has been accepted on a regular basis by at least 

some of the trading partners in that market. 

SUBCONTRACTING FOR COMMERCIAL ITEMS

To extend the benefits of commercial item acquisitions to the subcontractor level, contracts set 

forth limitations on the applicability of certain laws and contract clauses to the acquisition of 

commercial items at the subcontractor level. In some cases, use of commercial items on the 

subcontract level is more viable than their use on prime contracts. For further details on this 

matter, see Appendix R. 

 18 

Chapter 6

Administering Commercial Item Contracts 

The Government performs contract administration to ensure that the contractor meets its 

contractual obligations so that the end-user obtains necessary and suitable goods and services at 

the time they are needed. Some of the functions performed in the contract administration phase 

include technical surveillance, inspection and acceptance, change order and claim administration, 

and financial and negotiation services. Contract administration functions do not include making 

commerciality determinations for subcontracts, since such decisions are the responsibility of the 

prime contractor, as discussed in Chapter 3. 

Contract administration practices vary considerably between commercial and Government 

acquisitions, so the contract administration duties as identified in FAR Part 42 generally do not 

apply to contracts for commercial items. However, some fashion of contract administration is 

still needed. Contracting officers may negotiate agreements with the appropriate contract 

administration office covering the delegation of certain functions normally associated with FAR 

Part 42, but should only include those functions that are appropriate for the commercial item

being sold. Agreements documenting the delegation of authority to the Defense Contract 

Management Agency should clearly state the ways in which commercial practices will affect the 

administration mechanisms and procedures that historically have been used. Contracting officers 

should ensure that the functions identified in the delegations are consistent with industry 

practices. 

DoD should focus on value-added contract administration activities in order to streamline its 

contract administration and audit services, realize cost reductions—for both the Department and 

its contractors—and further the aims of civil/military integration. 

INSPECTION AND ACCEPTANCE

To the maximum extent practicable, the Government must rely on commercial item contractors’ 

existing quality assurance systems as a substitute for Government inspection and testing before 

tender for acceptance, unless customary commercial market practice for the item being acquired 

includes buyer-conducted in-process inspection. This implements the FASA preference for 

reliance on the contractor’s existing quality assurance system, which is intended to relieve 

contractors from having to comply with unnecessary Government-unique testing and inspection. 

PERFORMANCE MANAGEMENT

Performance management is a critical element of successful performance-based services 

acquisitions, including those for commercial items. Performance-based approaches rely upon 

industry for quality assurance and control. Performance-based approaches also provide 

incentives as motivation, with the Government periodically assessing performance. To foster 

successful performance management and improve process capability, DoD and industry should 

19 
 

jointly use tools for continuous improvement and process redesign (e.g., internal measurement 

systems, customer and supplier input, training). 

The key to performance management is developing an acquisition strategy that mitigates risk and 

states contract requirements in performance terms. The performance assessment plan should 

outline the roles and responsibilities of the parties involved to guarantee that service delivery 

proceeds in accordance with the performance standards designated in the performance-based 

statement of work. In effect, the performance assessment plan is a roadmap to ensure that the 

Government receives high-quality services as specified in the contract, pays only for services 

rendered at or above the acceptable level, and motivates contractors to attain those levels. A 

well-developed performance assessment plan also includes an assessment schedule and the 

assessment methods to be used, along with a description of the actions to be taken if performance 

standards are not met. This is consistent with the transition from oversight to insight, since it 

focuses contract administration resources on contractor processes that influence contract 

performance. 

Plans should also address performance assessment and allocate agency resources to monitoring 

the essential aspects of service delivery. Because contractor remuneration is tied to performance, 

it is crucial to take considerable care in developing the performance assessment plan. Important 

elements to consider include (but are not limited to) task criticality, performance requirements 

and standards, assessment methods, and availability and appropriateness of personnel assigned to 

carry out performance assessment. Resource constraints are such that assessment activities need 

to be commensurate with cost and risk. 

Common assessment methods (which should be identified in the performance assessment plan) 

include commercial quality methods (e.g., contract metrics), sampling, and customer surveys. 

Surveys are useful performance measurement tools because they can provide a balanced means 

for assessing stakeholder views. The four primary groups to survey are customers, suppliers, 

employees, and managers. To achieve balance, the survey elicits the stakeholders’ opinions on 

the parameters of service delivery, including quality, timeliness, and efficiency. The customer 

should use the survey’s results in the feedback process to ensure that the service provider’s 

performance is satisfactory—or, if necessary, improves—before milestone payments are made. 

(Note that the same concept applies to supplies. That is, a performance assessment plan is also 

necessary for performance-based supplies acquisitions. In the case of an item of supply that is a 

commercial item, the performance assessment plan may be very short and only establish times 

for evaluation upon delivery and before payment.) 

The service provider may also be involved in developing and implementing the performance 

assessment process. As a stakeholder whose pay is tied to acceptable performance, the contractor 

needs to understand, accept, and agree to the terms of the assessment. Obtaining contractor 

participation early in the process ensures that the contractor’s own quality assurance and control 

plan dovetails with the Government’s. 

DoD’s Guidebook for Performance-Based Services Acquisition (PBSA) includes details of 

contractor performance management. 

 20 
Chapter 7

Special Considerations 

As has been noted, contracts for acquiring commercial items are subject not only to the policies 

of FAR Part 12, but also to other parts of the FAR (however, when a conflict between parts 

exists, FAR Part 12 policy governs). This chapter highlights several of the special considerations 

that commonly arise—such as those involving the use of Government supply sources (addressed 

in FAR Part 8) and 8(a) contractors (addressed in FAR Part 19). 

GOVERNMENT SUPPLY SOURCES 

A variety of Government supply sources are available to satisfy the Government’s needs, 

including those for commercial items. Some supply sources are available on a non-mandatory 

basis, such as the Federal Supply Schedules—also known as the multiple-award schedules 

(MAS), Government-wide acquisition contracts (GWACs), and multi-agency contracts. The use 

of certain other supply sources is mandatory, such as Federal Prison Industries, Inc. (FPI or 

UNICOR) and nonprofit agencies operating pursuant to the Javits-Wagner-O’Day (JWOD) Act 

employing people who are blind or severely disabled. 

FAR Part 8 addresses use of these sources (with the exception of GWACs and multi-agency 

contracts). The application of Part 12 varies, depending upon the source from which the purchase 

is to be made. As described below, commercial item policies and procedures apply to the 

acquisition of commercial items through MAS, GWACs, and multi-agency contracts. They do 

not apply to acquisitions from FPI. Application to JWOD purchases is at the discretion of the 

contracting activity. 

Multiple-Award Schedules, Multiple-Award Task and Delivery 

Order Contracts, Government-Wide Acquisition Contracts, and 

Multi-Agency Contracts 

The General Services Administration (GSA) and the Veterans Administration (VA)—which 

manages certain schedules for medical supplies pursuant to a delegation from GSA—have 

designed the MAS program so that purchases for commercial items made under it comport with 

the commercial item policies of FAR Part 12. FAR Subpart 8.4 addresses purchases through the 

MAS. The MAS are a non-mandatory priority source for consideration in conducting 

acquisitions. 

Users of GWACs and multi-agency contract vehicles should expect to follow Part 12 when 

buying commercial items. GWACs and multi-agency contracts are typically structured as 

multiple-award task and delivery order contracts, whose use is addressed in FAR Subpart 16.5. 

Contracts established pursuant to FAR Subpart 16.5 are required to be consistent with the 

policies of Part 12 where acquisitions of commercial items are involved. 

21 
 

Order placement under multiple-award task and delivery order contracts, GWACs, and multiagency contracts is covered in FAR Subpart 16.5. GWACs and multi-agency contracts, while not 

addressed in FAR Part 8, are generally designed (like those used with other Government supply 

sources) to provide broad agency access to goods and services. 

For additional discussion regarding use of the MAS and multiple-award task and delivery order 

contracts (including GWACs and multi-agency contracts) for the acquisition of commercial 

items, see Appendix S. 

Federal Prison Industries, Inc., Program 

Commercial item acquisition policies and procedures do not apply to acquisitions from FPI 

(UNICOR), which is a wholly owned Government corporation. FPI acquisitions still take 

precedence for listed items and services in the order of priority for required sources of supplies 

and services and are conducted in accordance with FAR Subpart 8.6. 

Javits-Wagner-O’Day Program 

While JWOD-participating nonprofit agencies are not commercial entities, the supplies and 

services they provide are most often commercial. As such, they may be acquired using the 

commercial item acquisition policies and provisions. The decision whether to conduct JWOD 

acquisitions using commercial item acquisition policies and procedures can be based on costeffectiveness, such as automated systems capabilities or other administrative considerations. 

Regardless of whether commercial item acquisition policies and procedures are used, JWOD 

Procurement List items are required sources of supplies and services and are conducted in 

accordance with FAR Subpart 8.7. 

SECTION 8(A) PROGRAM

The Section 8(a) Program rules apply to acquisitions of commercial items, whether the contract 

is placed with the Small Business Administration or directly with the 8(a) contractor (see FAR 

Subpart 19.8). If commercial items will be procured under the 8(a) Program, FAR Part 12 terms 

and conditions apply. 

SIMPLIFIED ACQUISITIONS

The question of how the policies for acquiring commercial items fit with the other acquisition 

policies comes up often, particularly with regard to the use of simplified acquisition procedures. 

When acquiring any commercial item, contracting officers use not only FAR Part 12, but also the 

existing FAR procedures in Part 13, 14, or 15. These procedures include oral solicitations, 

requests for quotations, purchase orders, invitations for bids, and requests for proposals, as 

appropriate, but the terms and conditions should be tailored to reflect the policies governing the 

acquisition of commercial items. The Government purchase card is appropriate for most 

simplified acquisitions less than or equal to the micropurchase threshold; however, when a 

purchase order or blanket purchase agreement is awarded, use commercial item policies and 

procedures. 

 22 
Appendix A 

Commercial Acquisitions Policy Memorandum 

 A-1 
 

 A-2 
Commercial Acquisitions Policy Memorandum 

 A-3 
 

 A-4 
Commercial Acquisitions Policy Memorandum 

 A-5 
 

 A-6 
Appendix B 

Definitions 

COMMERCIAL ITEM (FEDERAL ACQUISITION 

REGULATION [FAR] 2.101) 

(a) Any item, 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 that— 

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

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

(b) Any item that evolved from an item described in paragraph (a) of this 

definition through advances in technology or performance and that is not yet 

available in the commercial marketplace, but will be available in the commercial 

marketplace in time to satisfy the delivery requirements under a Government 

solicitation;

(c) Any item that would satisfy a criterion expressed in paragraphs (a) or (b) of 

this definition, but for— 

(1) Modifications of a type customarily available in the commercial 

marketplace; or 

(2) Minor modifications of a type not customarily available in the commercial 

marketplace made to meet Federal Government requirements. “Minor” 

modifications means modifications that do not significantly alter the 

nongovernmental function or essential physical characteristics of an item or 

component, or change the purpose of a process. Factors to be considered in 

determining whether a modification is minor include the value and size of the 

modification and the comparative value and size of the final product. Dollar 

values and percentages may be used as guideposts, but are not conclusive 

evidence that a modification is minor; 

(d) Any combination of items meeting the requirements of paragraphs (a), (b), (c), 

or (e) of this definition that are of a type customarily combined and sold in 

combination to the general public; 

(e) Installation services, maintenance services, repair services, training services, 

and other services if— 

 B-1 
 

(1) Such services are procured for support of an item referred to in paragraph 

(a), (b), (c), or (d) of this definition, regardless of whether such services are 

provided by the same source or at the same time as the item; and 

(2) The source of such services provides similar services contemporaneously 

to the general public under terms and conditions similar to those offered to the 

Federal Government; 

(f) Services of a type offered and sold competitively in substantial quantities in 

the commercial marketplace based on established catalog or market prices for 

specific tasks performed under standard commercial terms and conditions. This 

does not include services that are sold based on hourly rates without an 

established catalog or market price for a specific service performed. For purposes 

of these services— 

(1) “Catalog Price” means a price included in a catalog, price list, schedule, or 

other form that is regularly maintained by the manufacturer or vendor, is either 

published or otherwise available for inspection by customers, and states prices at 

which sales are currently, or were last, made to a significant number of buyers 

constituting the general public; and 

(2) “Market Prices” mean current prices that are established in the course of 

ordinary trade between buyers and sellers free to bargain and that can be 

substantiated through competition or from sources independent of the offerors;(g) 

Any item, combination of items, or service referred to in paragraphs (a) through 

(f), notwithstanding the fact that the item, combination of items, or service is 

transferred between or among separate divisions, subsidiaries, or affiliates of a 

contractor; or 

(h) A nondevelopmental item, if the procuring agency determines the item was 

developed exclusively at private expense and sold in substantial quantities, on a 

competitive basis, to multiple State and local governments. 

COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEM 

(FAR 2.101) 

(a) Any item of supply— 

(1) 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 that has been sold, leased, or licensed to the general public; 

(2) That is sold, leased, or licensed in substantial quantities in the commercial 

marketplace; and(3) That is offered to the Government, without modification, in 

the same form in which it is sold, leased, or licensed in the commercial 

marketplace. Standard options are not modifications 

 B-2 
Definitions 

(b) Does not include bulk cargo, as defined in 46 U.S.C. App. 1702, such as 

agricultural and petroleum products. 

MARKET RESEARCH (FAR 2.101) 

“Market research” is the process of collecting and analyzing information about 

capabilities within the market to satisfy agency needs. 

NONDEVELOPMENTAL ITEM (FAR 2.101) 

(a) Any previously developed item of supply used exclusively for governmental 

purposes by a Federal agency, a State or local government, or a foreign 

government with which the United States has a mutual defense cooperation 

agreement; 

(b) Any item described in paragraph (a) of this definition that requires only minor 

modification or modifications of a type customarily available in the commercial 

marketplace in order to meet the requirements of the procuring department or 

agency; or

(c) Any item of supply being produced that does not meet the requirements of 

paragraph (a) or (b) solely because the item is not yet in use. 

PRICE ANALYSIS (FAR 15.404-1(b)) 

Price analysis is the process of examining and evaluating a proposed price without 

evaluating its separate cost elements and proposed profit. 

 B-3 

Appendix C 

Commercial Item Definition Discussion 

As a follow-up to the definition of “commercial item” set forth in Appendix B, the discussion 

below walks through this definition to discuss its subtleties. 

Generally speaking, a commercial item is any item that is of a type that has been sold, leased, or 

licensed or even merely offered for sale, lease, or license to the general public. Several indicators 

of this are the existence of a commercial sales history, listings in catalogs or brochures, known 

established price, existence of multiple distributors, and availability or announcement to the 

general public. 

The phrase “of a type” is not intended to allow the use of Federal Acquisition Regulation (FAR) 

Part 12 to acquire sole-source, military-unique items that are not closely related to items already 

in the marketplace. Rather, “of a type” broadens the commercial item definition so that 

qualifying items do not have to be identical to those in the commercial marketplace. The bestvalue offer in a competitive Part 12 solicitation can be for an item that has previously satisfied 

the Government’s need but has not yet been sold, leased, licensed or offered for sale, lease, or 

license to the general public (e.g., a nondevelopmental item). In this scenario, the phrase “of a 

type” allows the best value offer to qualify for a Part 12 contract as long as the items offered are 

sufficiently like similar items that meet the Government’s requirement and are sold, leased, 

licensed, or offered for sale, lease, or license to the general public. In such instances, “of a type” 

broadens the statutory commercial definition to allow Part 12 acquisition of a Governmentunique item that can compete with commercial items that meet the Government’s requirement. 

This avoids the undesirable result of preventing otherwise price-competitive preexisting 

suppliers of Government-unique items from responding to Part 12 solicitations. 

Also included in the commercial item definition is any item that evolved from a commercial item

as described above, through technical/performance advances—even if the item is not yet 

available in the commercial marketplace, as long as it will be available in time to satisfy the 

Government’s requirements. Commercial items that evolve as a result of advances in technology 

or performance include product updates, model changes, and product improvements. For 

example, new versions of software fall into this category. Through this aspect of the 

“commercial item” definition, the Government can access new technology first. 

A commercial item does not have to be “off-the-shelf” to be classified as commercial; items that 

require only modifications of a type customarily available in the commercial marketplace or 

minor Government-unique modifications still are considered commercial items. Thus, two types 

of modifications are available: (1) modifications of a type available in the commercial 

marketplace; and (2) minor modifications of a type not customarily available in the commercial 

marketplace, made to Federal Government requirements. For modifications of a type available in 

the commercial marketplace, the size or extent of the modifications is unimportant. For minor 

modifications, the item needs to retain a predominance of nongovernmental functions or 

 C-1 
 

essential physical characteristics. In either case, the source of funding for the modification does 

not impact its qualification as a commercial item. 

In addition, the FAR definition of a “commercial item” also includes services. A service is 

considered a commercial item when it is provided in support of an item that meets the 

commercial item definition, or when the service itself is of a type offered and sold competitively 

in substantial quantities in the commercial market on the basis of established catalog or market 

prices for specific tasks performed under standard commercial terms and conditions. The latter, 

stand-alone definition does not preclude the inclusion of Government-unique requirements or 

terms and conditions, as long as there are sufficient “common characteristics” between the 

commercially available service and the service being acquired. Warehousing, garbage collection, 

and transportation of household goods are examples of services that are commercial. Other more 

sophisticated services (e.g., repair and overhaul work, research-related services, software design, 

testing, and engineering consultation) can also be commercial. 

In order to meet the commercial item definition, the price for the stand-alone services must be 

“based on established catalog or market prices.” The established market price for stand-alone 

services does not have to be published or written. Market research enables the Government to 

collect data from independent sources in order to substantiate the market price. 

Although many Government systems are truly Government-unique items, this fact does not 

eliminate the need for acquisition professionals to promote the Government’s preference for the 

procurement of commercial items. The commercial item definition is not limited to items

acquired by the Government from prime contractors; it also includes commercial items acquired 

from subcontractors at all tiers, including items transferred from a contractor’s divisions, 

affiliates, or subsidiaries.

 C-2 
Appendix D 

Sample Commercial Item Checklist 

Commercial Item Checklist

(Part 1: Items, Part 2: Services) 

Item: 

Part 1: Acquisition of Items

Can the Government’s requirements (which should be performance based) be 

satisfied by— 

1. An item that is of a type customarily used by the general public or by 

nongovernmental entities for purposes other than government purposes and 

that has been sold, leased, or licensed to the general public or that has been 

offered for sale, lease, or license to the general public? 

A. If Yes, designate the item as commercial and annotate evidence of actual sale, 

lease, or license to the general public (or offer for the same), as appropriate: 

_______________________________________________________ 

_______________________________________________________ 

B. If No, proceed. 

2. An item that has evolved from an item described in 1 above through advances 

in technology or performance and that is not yet available in the commercial 

marketplace but will be available in time to satisfy the Government’s delivery 

requirements?

A. If Yes, designate the item as commercial and annotate evidence that the item

will be available in time to satisfy the Government’s requirements. 

_____________________________________________________ 

_____________________________________________________ 

B. If No, proceed. 

3. An item that would meet 1 or 2 above but requires modifications of a type 

customarily available in the commercial marketplace or minor modifications 

of a type not customarily available in the commercial marketplace, made to 

meet Federal Government requirements?

A. If Yes, designate the item as commercial and annotate either evidence of the 

customary availability of modification in the commercial marketplace or the 

 D-1 
 

technical relationship between the modified item and the item that meets 1 or 

2. (For the latter, attach drawings or comparison of the characteristics of the 

commercial item and the modified item, as appropriate). 

_____________________________________________________ 

_____________________________________________________ 

B. If No, proceed. 

4. Any combination of items meeting 1, 2, or 3 above that are of a type 

customarily combined and sold in combination to the general public?

A. If Yes, designate the combination as commercial and annotate evidence of 

the customary combination being sold to the general public. 

_____________________________________________________ 

_____________________________________________________ 

B. If No, proceed. 

5. Any item or combination of items that would meet 1, 2, 3, or 4 above but for 

being transferred between or among separate divisions, subsidiaries, or 

affiliates of a contractor? 

A. If Yes, designate the item as commercial and annotate how the item would 

meet 1, 2, 3, or 4. 

____________________________________________________ 

_____________________________________________________ 

B. If No, proceed. 

6. A nondevelopmental item that the procuring agency determines was 

developed exclusively at private expense and sold in substantial quantities, on 

a competitive basis, to multiple state and local governments? 

A. If Yes, designate the nondevelopmental item as commercial and annotate 

evidence that it was 1) developed exclusively at private expense, and 2) sold 

competitively in substantial quantities to multiple state and local governments. 

_____________________________________________________ 

_____________________________________________________ 

B. If No, recommend that the agency’s requirements be revised to permit 

commercial solutions. If they cannot, recommend that noncommercial 

acquisition be considered (include Numbered Note 26 in the synopsis). 

 D-2 
Sample Commercial Item Checklist 

Part 2: Acquisition of Services

Can the Government’s requirements be satisfied by— 

1. Installation services, maintenance services, repair services, training services, 

and other services? 

A. If Yes, proceed to 2 below. 

B. If No, proceed to 4 below. 

2. Services in 1 above in support of an item that has been, or could be, 

designated a commercial item in Part 1 above, regardless of whether such 

services are provided by the same source or at the same time as the item?

A. If Yes, proceed to 3 below. 

B. If No, proceed to 4 below. 

3. Services in 2 above from a source that provides similar services to the general 

public and the Government at the same time and under similar terms and 

conditions?

A. If Yes, designate the services as commercial and annotate information 

concerning their source, as appropriate. 

____________________________________________________ 

____________________________________________________ 

B. If No, proceed to 4 below. 

4. Services of a type offered and sold competitively in substantial quantities in 

the commercial marketplace 

A. If Yes, proceed to 5 below. 

B. If No, proceed to 7 below. 

5. Services in 4 above for which the price is based on established catalog or 

market prices for specific tasks performed?

A. If Yes, proceed to 6 below. 

B. If No, proceed to 7 below. 

6. Services in 5 above that are offered under standard commercial terms and 

conditions?

A. If Yes, designate the services as commercial and annotate pricing 

information, as appropriate. 

 D-3 
 

____________________________________________________ 

____________________________________________________ 

B. If No, proceed to 7 below. 

7. Any combination of services that would meet 3 or 6 above but for being 

transferred between or among separate divisions, subsidiaries, or affiliates of a 

contractor? 

A. If Yes, designate the combination as commercial and annotate how the 

services would meet 3 or 6 above. 

____________________________________________________ 

____________________________________________________ 

B. If No, recommend that the agency’s requirements be revised to permit 

commercial solutions. If they cannot, recommend that noncommercial 

acquisition be considered (include Numbered Note 26 in the synopsis). 

 D-4 
Appendix E 

Performance-Based Requirements Descriptions 

Resources 

The following sources are available to provide information on performance-based statements of 

work: 

The Office of the Director, Defense Acquisition Initiatives offers the following 

information on its site at http://www.acq.osd.mil/ar/initiati.htm:

◆ 

◆ 

◆ 

h Performance Based Service Contracting (Training) Focus Group, Final Report, 

22-23 April 1997 

h Executive Group II Workshop, 5 May 1997 

h Performance Based Service Contracting (Depot & Installation) Focus Group, 

Version One Report, 13 May 1997 

h Performance Based Service Contracting (Multiple Focus Groups), Final, 14-15 

May 1997 

h Guidebook for Performance-Based Services Acquisition (PBSA) in the 

Department of Defense 

The Air Force Civil Engineer Support Agency offers a Library of Performance Work 

and Statements of Work in support of competitive sourcing at 

http://www.afcesa.af.mil/Directorate/CEO/Contracts/Outsourcing/. 

The Office of the Director, Defense Acquisition Initiatives offers a data warehouse of 

all of the Section 912(c) Reports, including A Plan to Accelerate the Transition to 

Performance-Based: Report of the 912(c) Study Group for Review of the Acquisition 

Training, Processes, and Tools for Services Contracts (June 1999). The report, which 

contains resources in its appendixes, is located at 

http://www.acq.osd.mil/ar/doc/servrpt.pdf. 

The National Association of Purchasing Managers and the National Contract 

Management Association teamed to offer online courses. Their Performance-Based 

Service Acquisition course (#3901) can be found at 

http://www.napm.org/Seminars/onlinecourses.cfm. 

◆ 

 E-1 

Appendix F 

The Market Research Team 

Using a team-based approach is the best way to effect market research. A market research team

might take the form of an integrated product/process team (IPT). The following is a discussion of 

some of the relevant disciplines and what they can contribute to the market research effort. 

USERS

Users drive the requirements forecast and formulate the long-term sustainment and provisioning 

over the entire life cycle. The Government can use this forecast information to develop favorable 

pricing throughout the program’s life span, plan for modernization through spares, and negotiate 

terms for optimal management of inventory and distribution. Market research can provide insight 

into the total life-cycle requirements for similar systems, products, and/or processes using similar 

(or the same) commercial items. The information gathered from this research will permit users to 

conduct a comparative and parametric analysis to more accurately forecast total commercial item

requirements. 

PROGRAM OR PROJECT MANAGERS

Program or project managers are responsible for creating the program management plan, the 

acquisition strategy plan (the overarching plan that covers every contract and procurement for 

the program or project), the source selection plan, and the market research plan. They work hand 

in hand with contracting officers and specialists in organizing and planning the market research, 

addressing decisions such as who should conduct the actual research and who should comprise 

the market research team. Program or project managers identify how commercial items will fit 

into Government systems or programs. 

ENGINEERS

Engineers make the decisions that principally drive the total cost of ownership. They also select 

the commercial items that will become part of (or will be needed to support) a system, product, 

and/or process. The engineering team usually designs, selects, and/or approves the use of a 

commercial item. Before systems engineers make this decision, they should conduct extensive 

market research to identify the full array of commercial items that may meet the requirement and 

try to select an item that will be commercially available from a multitude of sources. In addition, 

the engineers should consider the short- and long-term requirements of this item (e.g., product or 

process improvement, projected life cycle of the commercial item, and the source’s commitment 

to its support and inventory). Engineers also assess items to determine whether they are “of a 

type” and whether essential physical characteristics would be changed by a modification. 

Furthermore, they help extrapolate engineering differences to support price analysis. Engineers 

 F-1 
 

evaluate features, options, and tradeoffs. They also revise the Government requirement as 

necessary to allow commercial items to meet their needs. 

CONTRACT SPECIALISTS

Contract specialists receive training in market research. They work hand in hand with program or 

project managers on the organization and planning of the market research. The contract specialist 

usually works closely with the rest of the market research team in an effort to determine whether 

the commercial marketplace offers products that satisfy the agency’s essential requirements, or 

that could satisfy them with some trade-offs or modifications. The contract specialist is also the 

individual whose in-depth understanding of the commercial item and the market environment is 

essential for evaluating the price of the commercial item. This knowledge helps determine 

whether the price is fair and reasonable, which offer represents the best value, and what terms 

and conditions are most appropriate. 

PROGRAM BUDGET AND COST ANALYSTS

Program budget and cost analysts assist in forecasting the total cost of ownership. The program

budget and cost analysts contribute to the DoD market research effort to determine whether other 

Government agencies are already ordering or using a commercial item. If so, those agencies can 

provide input on the item’s quality, the market environment, pricing strategies used, and any 

unique aspects of their particular acquisition. This is particularly significant for sole-source 

commercial items. These analysts conduct cost tradeoff analysis (comparing commercial items to 

Government-unique items) and cost/benefit analysis (commercial versus Government 

approaches). 

LOGISTICS SPECIALISTS

The involvement of logistics specialists during the concept and design phase of a program

assures that lengthy and costly support requirements—after the system, product, or process is 

deployed—are considered in every design and development decision. Their contribution to the 

marketing research effort normally focuses on how effectively the proposed commercial spare 

parts can meet the long-term logistics requirements. To address this question, they research the 

length of time the commercial spare part will be manufactured, how the source plans to support 

the item (e.g., in terms of replacement parts, service, upgrades, product improvement), 

warranties, inventory management, packaging and distribution, and any specialized disposal 

requirements. These specialists conduct reliability/price tradeoff analysis. 

OTHERS

Defense Contract Audit Agency auditors, Defense Contract Management Agency personnel, the 

small business advocate, and others can also play an important role on the market research team. 

 F-2 
Appendix G 

Sample Market Research Report 

Sample Market Research Report Format

1. Purchase Request (PR) # ______________________________ 

2. Title:______________________________________________________ 

3. Product or Service Code___________________ 

4. Estimated Contract Value (including options): $_________________ 

5. In accordance with Federal Acquisition Regulation (FAR) Part 10, market 

research has been conducted for this acquisition. The following techniques 

were used (check all that apply): 

____Historical acquisition information (review of recent market research results 

for similar or identical supplies/services). (See Appendix H for more detail). 

____Personal knowledge in procuring supplies/services of this type. 

____Contact with the requester and/or other knowledgeable people in 

Government and industry regarding the commercial nature of this 

requirement and standard industry practices in this area of supply/service. 

____Publication of a formal request for information on the Internet . 

____Publication of a formal request for information through the Governmentwide point of entry. 

____Publication in appropriate technical journals. 

____Review of Government and/or commercial databases for relevant 

information. 

____Review of Internet resources, such as the Commercial Advocates Forum

Web site (see http://www.cadv.org for relevant information). 

____Use of source lists for identical or similar items obtained from Government, 

professional, and/or industry sources. 

____Review of catalogs and other generally available product literature (online 

and/or in hard copy). 

 G-1 
 

____Interchange meetings or presolicitation conferences with potential offerors. 

____Other:________________________________________________________ 

6. On the basis of the results of the above research (and on the information in 

Appendix D), it is determined that this requirement: 

____Can be met by commercial items, commercial items with customary or 

minor modifications, or nondevelopmental items. 

OR 

____Cannot be met by commercial items, commercial items with modifications, 

or nondevelopmental items. Further, a reevaluation has been made in 

accordance with FAR 10.002(b), and the Government requirement cannot be 

modified in a way that will allow a commercial item to meet the need. Note:

Any presolicitiaton synopsis of this requirement must include Numbered 

Note 26. 

OR 

____Other: 

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________ 

(Example: Market research may reveal that a combination of 

commercial/noncommercial items can meet the Government’s needs.) 

7. Synopsize the reasons for the determination in 6: 

__________________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_________________________________________________________ 

Address numbers 8 through 11 below if the requirement can be met (either 

in whole or in part) by commercial items, commercial items with 

modifications, or nondevelopmental items. 

Continue on additional sheets if necessary. 

 G-2 
Sample Market Research Report 

8. Pricing factors (e.g., pricing history, competitive conditions, overall level of 

demand, trends in supply and demand, pattern of demand, other impacting 

market forces, pricing strategies, sources of supplies): (See Appendix M for 

more information.) 

 _____________________________________________________________

_____________________________________________________________ 

_____________________________________________________________

_____________________________________________________________ 

9. Standard industry terms and conditions (e.g., warranty, maintenance, 

discounts, buyer financing, freight, delivery, acceptance/rejection) under 

which commercial sales of the required supplies/services are made: 

 _____________________________________________________________

_____________________________________________________________ 

_____________________________________________________________

_____________________________________________________________ 

10. Laws or regulations unique to the required supplies/services: 

 _____________________________________________________________

_____________________________________________________________ 

_____________________________________________________________

_____________________________________________________________ 

11. On the basis of the above information, the basic clauses and provisions 

prescribed in FAR Part 12: 

____Are sufficient for use in this acquisition and do not require any substantial 

tailoring to be consistent with industry’s commercial practices. 

OR 

____Require tailoring to be consistent with industry’s commercial practices. All 

such tailoring will be included in the solicitation issued for the required 

supplies/services. 

Signed: ___________________________ (Contracting Officer) 

Date: __________________ 

Signed: ___________________________ (Program Manager or User) 

Date: __________________ 

 G-3 

Appendix H 

Market Research Questions—Historical Acquisition 

Information 

The table presented below sets forth research elements the Government should consider when 

market research is completed. Not all of the questions in this table will be valid for every 

acquisition. For some acquisitions, many specialized questions not covered in the table will need 

to be answered. However, the topics identified and the related questions provide a good 

framework for use when reviewing historical acquisition information. 

Historical Acquisition Information 

Research Element Be Able to Answer Questions Such As... 

Trends in Supply

and Demand

• 

• 

When did past acquisitions take place? 

Is there any indication of prevailing market conditions at that time? 

Pattern of 

Demand 

• 

• 

What quantities were solicited for each acquisition? 

What quantities were acquired? 

Sources of

Supplies or 

Services 

• 

• 

• 

• 

How many sources were solicited for the prior acquisition? 

What specific sources were solicited? 

How many sources made offers? 

What specific sources made offers? 

Product 

Characteristics 

• Are there any significant differences between the Government requirements 

documents for the prior contract and the current requirements? 

Delivery/

Performance 

Terms 

• 

• 

• 

• 

• 

What was the delivery or performance period in days, weeks, months, or 

years? 

In what month(s) were the supplies to be delivered or the services to be 

performed? 

Did the contractor meet the delivery targets? 

What was the free on board (f.o.b.) point? 

Was premium transportation required for timely delivery? 

Ownership Costs • What costs of ownership were associated with the acquisition? 

Acquisition 

Method

• What acquisition method was employed for past acquisitions? 

Contract Terms 

and Conditions 

• 

• 

What were the general terms of past contracts? 

Are there any significant differences between the terms of the last contract 

(e.g., packing requirements, type of contract, and the like) and those

recommended for this acquisition? 

Problems • What problems (if any) were encountered during contract performance? 

 H-1 

Appendix I 

Market Research Resources 

The following sources are available to assist with market research efforts. Many other sources of 

market information pertaining to particular industries and products are available. 

TUTORIALS AND GUIDES

The Defense Logistics Agency offers a Market Research handbook (SD-5) through 

http://www.dsp.dla.mil/documents/sd-5.html. 

◆ 

◆ The Federal Acquisition Institute offers an online Acquisition Planning course; 

Lesson 2 is dedicated to market research. The online course is located at 

http://www.faionline.com/fai/register_new/fai_main.asp.

The Federal Acquisition Institute offers an online Market Research course. The 

course is available at http://www.faionline.com/fai/register/main_frm.htm. 

◆ 

The Navy’s Acquisition Reform Office offers a Market Research tutorial at 

http://www.acq-ref.navy.mil/tools/marketresearch/index.html.

◆ 

◆ The National Aeronautics and Space Administration, Office of Procurement, offers a 

Market Research Guide at http://www.hq.nasa.gov/office/procurement/market.html.

The U.S. Department of Commerce, Bureau of Export Administration, offers Defense 

Market Reports at http://www.doc-bxa.bmpcoe.org/dmrr.html. 

◆ 

The National Association of Purchasing Management offers several products and 

seminars at http://www.napm.org. 

◆ 

The National Contract Management Association offers several publications and 

seminars at http://www.ncmahq.org. 

◆ 

PRODUCT AND INDUSTRY DATA SOURCES

Commercial procurement information services. Several subscription services provide 

procurement and logistics information via the Internet. The type of information 

offered includes specifications and standards, technical descriptions, and 

procurement history (e.g., contract numbers, date procured, unit prices). Since these 

services contain procurement information from the Army, Navy, Air Force, and 

other procurement organizations, subscribers can obtain a wider range of 

information than would normally be available from in-house databases. In addition 

◆ 

 I-1 
 

to providing a single point of entry for querying various Government databases, 

these services also include nongovernmental information (e.g., supplier catalogs). 

Thomas Register. Thomas Register (which is published both in print and on the 

Internet at http://www.thomasregister.com) consists of an alphabetical listing of 

American and Canadian companies, addresses, and phone numbers, as well as a 

product listing, product description, and product manufacturers. The Thomas Register 

can be searched by company name, product or service, or brand name, and the search 

can be modified to limit it to a specific geographical area. For example, searching 

under the product “nails” will yield a list of “Product Headings” to help narrow down 

the type of nails, such as “nails: collated,” “nails: galvanized,” or “nails: drywall.” 

Searches can also be performed by the name of a company that distributes nails, such 

as Hahn Systems, Inc. Alternatively, a search for nails can be done by citing a 

particular manufacturer (i.e., brand name), such as Powers Rawl. 

◆ 

◆ Thomas Register’s TREND® Online. This site (http://www.trendonline.com) 

provides buyers and specifiers with over 400,000 industrial and commercial suppliers, 

organized under more than 4,500 product and service categories. 

Consumer Price Index. The Consumer Price Index (CPI) is published monthly by the 

U.S. Department of Labor’s Bureau of Labor Statistics, with Internet-based 

information found at http://www.bls.gov/cpi/. The CPI represents changes in prices of 

all goods and services purchased for consumption by urban households. It measures 

price change from the perspective of the buyer, in contrast to the Producer Price 

Index (PPI), which measures price change from the seller’s perspective. A primary 

use of the CPI is to adjust income and expenditure streams for changes in the cost of 

living. The CPI is used as a price adjustment factor in some areas of procurement 

(leasing, in particular) and as a general gauge for inflation. However, the PPI is 

usually a better source of data on price trends for the Government, since the 

Government is usually a “wholesale” buyer. 

◆ 

Producer Price Index. The PPI is a family of indexes published by the U.S. 

Department of Labor’s Bureau of Labor Statistics, with Internet-based information 

found at http://www.bls.gov/ppi/. It tracks changes in prices that producers receive 

from the initial commercial purchasers of their products. The Index reflects selling 

prices of selected manufacturers or the prices quoted on organized exchanges such as

the Chicago Board of Trade. Prices are generally free on board (f.o.b.) origin for 

immediate delivery. A primary use of the PPI is to deflate revenue streams in order to 

measure real growth in output. The PPI measures price change from the perspective 

of the seller, in contrast to other measures (such as the CPI), that measure price 

change from the purchaser’s perspective. Sellers’ and purchasers’ prices may differ as 

a result of Government subsidies, sales and excise taxes, and distribution costs. The 

individual indexes of the PPI, which are helpful for conducting price analysis, are 

used in the following ways, among others: 

◆ 

h As an economic indicator. 

 I-2 
Market Research Resources 

h As a deflator of other economic series. 

h As the basis for contract escalation. 

◆ Acquisition Reform Net, http://www.arnet.gov. 

◆ BizWeb, http://www.bizweb.com. 

◆ Commercial Advocates Forum, http://www.cadv.org. 

◆ 

◆ 

◆ 

◆ 

Department of Commerce, http://www.stat-usa.gov/. 

Department of Defense EMALL, http://www.emall.dla.mil/. 

Dow Jones Business Information Services, http://www.dowjones.com

Federal Supply Schedule, http://www.fss.gsa.gov. 

◆ General Services Administration (GSA) Advantage!, http://www.gsaadvantage.gov/. 

◆ ITEC Direct offers U. S. Navy standard compliant Information Technology (IT) 

products and services from several GSA Federal Supply Schedule contractors, 

http://www.itec-direct.navy.mil/index.shtml. 

◆ Javits-Wagner-O’Day, http://www.jwod.com. 

◆ Manufacturer’s Information Network, http://mfginfo.com/home.htm. 

◆ National Association of Purchasing Management, http://www.napm.org. 

◆ National Contract Management Association, http://www.ncmahq.org. 

◆ Product: Aircraft 

h Internet Parts Locator System, http://www.ipls.com. 

h Spec2000, http://www.spec2000.com. 

◆ Product: Apparel, Fiber, Textiles 

h Garment Industry Development Corporation, http://www.gidc.org/. 

◆ Product: Computers and Electronics 

h Electronic Industries Association, http://www.eia.org. 

h Price Watch, http://www.pricewatch.com. 

h TechnoGate, http://www.technogate.com. 

 I-3 
 

◆ Small Business Administration, http://www.sba.gov. 

◆ Standard and Poor’s Research Reports, http://www.researchmag.com. 

◆ Tech Savvy, http://www.techsavvy.com. 

◆ Yellow Pages, http://www.bigyellow.com and http://www.switchboard.com. 

 I-4 
Appendix J 

Categories Related to Commercial Items 

The following categories are related to commercial items, but they are not synonymous. The fact 

that an item/service to be procured does not easily fit into the nondevelopmental item (NDI) or 

Government off-the-shelf (GOTS) categories does not in itself mean that it is not a commercial 

item:

◆ Commercial off-the-shelf (COTS) items, 

◆ 

◆ 

NDIs, and 

GOTS items. 

COMMERCIAL OFF-THE-SHELF ITEMS

COTS items are commercial items that have been sold, leased, or licensed in substantial 

quantities in the commercial marketplace and that are offered to the Government without 

modification. The COTS definition does not include services or bulk cargo, such as agricultural 

and petroleum products. A product does not have to be COTS to meet the “commercial item” 

definition. COTS items are a subset of commercial items. The commercial item definition is 

much broader and embraces products other than those that are presently available off the shelf. 

It includes items that have only been “offered” for sale, lease, or license to the general public—

the items do not need to have been actually sold, leased, or licensed yet. It also includes items 

that have evolved from a commercial item and are offered for sale, even if they are not yet 

available in the commercial marketplace. However, only evolved items that will be available in 

the commercial marketplace in time to satisfy the delivery requirements stated in the solicitation 

meet the “commercial item” definition. In addition, all other elements of the commercial item

definition at FAR 2.101 must also be met. 

NONDEVELOPMENTAL ITEMS

Nondevelopmental items (NDIs) are considered commercial items if the procuring agency 

determines that they were developed exclusively at private expense and sold in substantial 

quantities on a competitive basis to multiple state and local governments. 

GOVERNMENT OFF-THE-SHELF ITEMS

“GOTS” is a commonly used term for NDIs that are Government-unique items in use by a 

Federal agency, a state or local government, or a foreign government with which the United 

States has a mutual defense cooperation agreement. The words “of a type” facilitate the 

acceptance of a best-value GOTS/NDI offer in response to a competitive FAR Part 12 

 J-1 
 

solicitation when the offered GOTS/NDI items are sufficiently like similar items sold, leased, or

licensed, or offered for sale, lease, or license, to the general public. 

 J-2 
Appendix K 

Alternative Approaches to Commercial Item 

Determinations 

Title VIII of the Federal Acquisition Streamlining Act sets forth the statutory requirements for 

acquiring commercial items. Section 2377 of the Act specifies a preference for commercial item

acquisitions. Section 8105 specifies that certain provisions of law do not apply to acquisitions of

items that meet the definition of a commercial item. Further, Section 8002 limits the types of 

clauses that may be included in a contract for an item meeting the statutory commercial item

definition. Federal Acquisition Regulation (FAR) implementation of the Act provided 

acquisition officials with wide latitude to use judgment in deciding whether a Government need 

can be met by an item that meets the commercial item definition. However, neither the Act itself 

nor the FAR implementation specifies how this decision is to be made or at what level of an 

organization it is to be made. To implement the Act’s requirements consistently, alternative 

approaches to commercial item determinations should be considered. Consistency should exist 

across the Department in the approach to acquiring supplies and services that are obviously 

commercial.

PRIOR AGENCY OR DEPARTMENT DETERMINATIONS

When Government acquisition personnel have previously determined that an item meets the 

commercial item definition and have used commercial item policies and procedures to acquire 

the item, it is usually not necessary to repeat a full-scale commerciality determination in 

subsequent acquisitions of the same item in similar circumstances. However, it is important that

contracting officers examine a previous determination if there is reason to believe that market 

conditions have changed significantly. Any decision to overturn a previous 

commercial/noncommercial determination by any Government agency must be documented as 

such. 

IDENTIFYING GROUPS OF ITEMS AS COMMERCIAL

Whenever possible, logical groupings of items should be identified as “commercial” without 

conducting an individual technical review of every item. This strategy is critical for significantly 

accelerating the pace at which items can be identified as commercial, because the resources 

needed to conduct individual item reviews are being steadily reduced. The contracting officer 

retains authority to make a final determination on each item but would not be required to 

examine the recommendation unless there was reason to question it. Some examples of items

that could logically be presumed to be commercial are as follows 

Items for which industry standards (ASTM, SAE, etc.) are used as the sole 

procurement document. 

◆ 

 K-1 
 

◆ Items described by commercial item descriptions (CIDs). 

◆ 

◆ 

Items with Acquisition Method Suffix Code (AMSC) “Z” (see DoD FAR Supplement 

[DFARS] Appendix E, Part 2, Breakout Coding), if the contracting activity buys 

virtually all nondevelopmental items. (AMSC Z includes commercial, 

nondevelopmental, and off-the-shelf items.). 

Federal Stock Classes (FSCs) that can reasonably be presumed to be commercial, 

such as lumber, specified metals, subsistence, medical, and fuel. 

Congressional Mandates 

Congress can declare that procurements of certain classes of items should be treated as 

procurements of commercial items. For example, the National Defense Authorization Act for 

Fiscal Year 2000 included provisions authorizing DoD to conduct a five-year pilot program

treating the procurement of certain commercial services (utilities and housekeeping, education 

and training, and medical services) as procurements of commercial items. During the pilot 

program, these classes of services are automatically subject to the streamlined guidance of FAR 

Part 12. The pilot program is designed to test the concept of treating certain classes of services as 

commercial items (in contrast to the current individual contract determinations, which will 

continue to occur for all other classes of services). Congress will use the data gathered from this 

pilot program for any future decisions on using class determinations for commercial items. 

In addition, the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 

included a provision that allows DoD to treat performance-based service contracts/task orders 

valued at $5 million or less as commercial items if certain conditions are met. 

Contractor Determinations 

Prime contractors and subcontractors at all tiers are required to incorporate, to the maximum 

extent practicable, commercial items or nondevelopmental items as components of items

supplied to agencies. Contractors make commercial item determinations in much the same way 

Government acquisition personnel do. Interchange between Government and industry on this 

topic is encouraged because it is mutually beneficial. 

Contractor determinations are another source of information that acquisition personnel should 

consider when making their own commercial item determinations. If a contractor procured an 

item commercially, and the Government subsequently acquires the same item, acquisition 

personnel should consider the contractor’s determination as part of their own market research 

efforts. Likewise, if the Government determines that an item is commercial, the prime contractor 

should consider the Government’s determination as part of its own market research efforts. 

Agency Class Determinations 

An effort is under way within the Department to encourage each military service/agency to 

designate specific categories or classes of items/services as commercial. Doing so would avoid 

the need to make these decisions repetitively—and perhaps inconsistently—within an agency. 

 K-2 
Alternative Approaches to Commercial Item Determinations

An example of a possible class commerciality determination is the designation of a particular 

Federal Supply Code (FSC), by a service or agency head, as commercial. Current authority 

allows activity heads and department/division/branch heads to make class determinations for 

FSCs. Any such determination should be appropriately documented in accordance with activity 

procedures. 

Corporate Council Agreements 

Several companies have formed corporate councils1 to provide an interface between company 

representatives and senior DoD leadership. These councils are designed to provide leadership for 

corporate-wide initiatives, strengthen the relationship with DoD, and elevate Single Process 

Initiatives (SPI) proposals for corporate-wide endorsement and implementation. Corporate 

councils can also facilitate the resolution of disagreements, encourage consensus, and identify 

and resolve issues. The councils offer DoD an opportunity to communicate with key suppliers on 

global acquisition reform initiatives. A corporate council, in conjunction with DoD, could make 

a determination, based on research available at the time of the determination, that certain items 

acquired by DoD meet the definition of commercial items. These determinations may appear in 

the DFARS.

Commercial Facilities 

Evidence that an item is produced in a facility predominately engaged in producing similar items

for the commercial market, or on a production line that produces similar items for the 

commercial market, is one indication that the item being acquired may be a commercial item.

Such evidence could be provided by a potential supplier and corroborated through market 

research. 

When such facilities are identified, products procured from them are candidates for agency class 

determinations, as discussed above, or facility-wide determinations. 

 

1

 For more information on corporate councils, see the 14 September 1999 memorandum of 

Dr. Jacques S. Gansler, Under Secretary of Defense (Acquisition, Technology and Logistics), 

available at http://www.acq.osd.mil/ar/docs/councils.pdf. 

 K-3 

Appendix L 

Market Research—Pricing Information Sources 

Market research can be used to locate many sources for pricing information. They include the 

following: 

◆ Supplier catalogs. 

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

Electronic Internet search engines such as Yahoo, Excite, Google, All the Web, 

Lycos, and Infoseek. 

Government “electronic malls.” 

Data readily available from market research (comparative information regarding 

competitors and the competitive environment). 

Data available from Government purchasing/engineering activities (purchase history, 

engineering estimates, etc.). 

Analogies—comparative pricing information for similar items. 

Parametric analyses (rough yardstick correlation based on thrust, range, processing 

speed, weight, or other technical factors or item characteristics). 

Advice from Government pricing and audit personnel. 

Company historical records. 

Industry association databases. 

Each Government market research effort will be different because of requirements specific to the 

procurement, varying market conditions, and other factors. For example, in buying a new office 

computer system, the Government would certainly want to know comparative prices across the 

marketplace for computers with the state of technology and equipment the Government 

anticipates buying. Further, the Government would want to know the various suppliers’ warranty 

provisions. The Government would also need to know what the life-cycle costs would be for any 

given system. In other words, software costs, costs for disposal of old equipment, training costs, 

and the costs for site preparation, for example, should be calculated. 

If the Government were buying batteries, such as 1.5 volt alkaline batteries, then the pricing 

factors considered in market research might differ. For example, here the Government would 

want to consult catalogs readily available in the marketplace to determine various manufacturers’ 

prices. What are their practices for offering quantity discounts? What about the quality of the 

batteries? Answers to these questions would determine the market niche for price comparisons 

and other factors. The Government also would want to consider supplier delivery terms and 

 L-1 
 

conditions. Finally, the Government would consider environmental factors—are the batteries 

environmentally safe, and do they cause increased costs due to unique disposal requirements?

The Government’s considerations in buying a major aircraft, like a Boeing 757, which could be 

modified for military purposes, would differ from the examples presented above. In this instance, 

the Government would want to develop a pricing algorithm for the basic aircraft plus the 

modifications the Government requires, which would consider the plane’s weight, lift, fuel 

consumption, range, noise, and cube (space). These are the kinds of things the Government 

would have to consider during the estimation process and proposal evaluation. Another very 

important issue for the Government to consider is the state of technology. This will give the 

Government the knowledge of the comparative “value” of the plane in the marketplace. Is the 

technology sunrise or sunset? Additionally, information about maintenance costs is needed for 

evaluating the life-cycle costs and savings. Warranty on the aircraft, and the speed with which 

the Government can expect aircraft deliveries, are also important considerations. 

 L-2 
Appendix M 

Market Research Questions—Price-Related 

Information 

The table below identifies the type of price-related questions that the Government should be able 

to answer when market research is completed. Not all of the questions in this table will be valid 

for every acquisition. For some acquisitions, many specialized questions not covered in the table 

will need to be answered. However, the topics identified and the related questions provide a good 

framework for market research. Market research should continue throughout the entire 

acquisition process, up to and including the conclusion of negotiations. 

Pricing Factors to Consider in Market Research 

Research Factor Be Able to Answer Questions Such As...

Pricing History • 

• 

What information is available concerning past prices paid for the service or 

item of supply and about changes in the supply item or service or market 

since then? 

Have there been historic differences between prices paid by the 

Government vis-à-vis other buyers? Why? 

Competitive 

Conditions 

• 

• 

• 

How many sellers are in the market? 

How many buyers? 

Are other companies expected to enter the market? 

Overall Level of 

Demand 

• 

• 

• 

• 

What is the relationship of the quantity the Government intends to buy visà-vis the quantities that others buy? 

Will the planned volume justify a lower-than-market price as a result of the 

seller's increased economies of scale? 

Will the planned volume be so large as to drive the sellers to or beyond full 

capacity, resulting in unanticipated inflation? 

Is the procurement for items at the leading edge of market demand (i.e., 

market demand is increasing), or at the back end (i.e., demand for the item 

is dropping)?

Trends in Supply

and Demand

• 

• 

Will demand be higher or lower at the time of award than now? 

Will supply capacity keep pace with demand? 

Pattern of 

Demand 

• 

• 

Is there a cyclical pattern to supply and demand? 

Would awarding six months from now result in lower prices than an

immediate award? Or would it be better to stock up now at today's prices? 

Other Market

Forces Expected 

to Affect Contract

Price 

• 

• 

What forces might drive up prices in the near future? Strikes? Labor 

shortages? Subcontractor bottlenecks? Energy shortages? Other raw 

material shortages? 

What forces might lead the Government to expect lower prices in the 

future? 

Pricing Strategies • What are the pricing strategies of firms in the market? 

 M-1 
 

• 

• 

What are the implications for expected prices? 

Are discounts available for quantity buys? 

Sources of

Supplies or 

Services 

• 

• 

Which firms in the market are the most likely to submit offers to a 

Government solicitation? 

Which are the least likely, and why? 

Supply or Service 

Characteristics 

• 

• 

• 

What features distinguish one service or item of supply from another? 

Which commercial supplies or services match most closely the Government 

requirements document (as it currently reads in the purchase request)? 

What is the apparent trade-off between features and price? 

Delivery/

Performance 

Terms 

• 

• 

• 

What are the current distribution channels? 

What are current transportation costs (if available and applicable)? 

What are the commercial lead-times? 

Ownership Costs • 

• 

• 

What are the commercial warranty terms and conditions (if any)? 

What are the historical repair costs for each item? 

What are the historical maintenance costs for each item? 

Contract Terms 

and Conditions 

• 

• 

• 

What terms and conditions are used in commercial transactions for the 

supply item or service? 

What terms and conditions have been used in other Government 

acquisitions of the supply item or service? 

What type of contract is generally used in commercial transactions for the 

supply item or service? Government acquisitions? 

Problems • 

• 

• 

What has been the historical default rate by firms performing similar 

contracts? 

What performance problems have typically been encountered? 

Have similar acquisitions been characterized by claims or cost overruns? 

Overall Value • What is the relationship between price and the overall value to the 

Government?

 M-2 
Appendix N 

Price Analysis Techniques 

Price analysis techniques include the following: 

Comparison of proposed prices received in response to the solicitation. Normally, 

adequate price competition may be used as the basis for a price reasonableness 

determination. However, it is important that the file document that the competition 

was “adequate” to ensure that the award price is fair and reasonable. 

◆ 

◆ 

◆ 

◆ 

Comparison of previously proposed prices and previous Government and commercial 

contract prices with current proposed prices for the same or similar items, if both the 

validity of the comparison and the reasonableness of the previous price(s) can be 

established. For example, circumstances may have compelled the Government to pay 

a price that could not be determined fair and reasonable; such prices should not be 

used for future price comparisons unless additional information subsequently 

becomes available to establish that the price paid was indeed fair and reasonable. The 

agency may have past experience acquiring the same or similar items. Using past 

prices as a baseline, a buyer can evaluate the current price, looking for a rational 

explanation for any unusual price movements. All relevant previous price history 

should be used, not just the most recent price. 

Use of parametric estimating methods/application of rough yardsticks (such as dollars 

per pound or per horsepower, or other units) to highlight significant inconsistencies 

that warrant additional pricing inquiry. Parametric estimating methods are useful in 

establishing price reasonableness for sole-source items. Cost-estimating relationships 

(CERs) are used to develop parametric estimates. A CER is a formula for estimating 

prices on the basis of the relationship of past prices with one or more product physical 

or performance characteristics. Whenever item price can be related to the value of one 

or more physical or performance characteristics, that relationship can be used to 

estimate the price of a similar product. For example, builders commonly estimate the 

price of a planned building by multiplying the number of square feet in the building 

by an estimated cost per square foot. 

Comparison with competitive published price lists, published market prices of 

commodities, similar indexes, and discount or rebate arrangements. One published 

price list is a supplier’s catalog. (When using a catalog price, Government buyers 

should consider whether the large size of a Government buy could enable substantial 

volume discounts.) The fact that a price is included in a catalog does not, in and of 

itself, make it fair and reasonable. The Government should obtain information 

concerning standard discounts and discounts for larger quantities or improved or 

reduced levels of services and negotiate a reasonable price accordingly. 

 N-1 
 

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

Comparison of proposed prices with independent Government estimates. (For 

detailed information on independent Government estimates, see the Contract Pricing 

Reference Guide at http://hydra.gsa.gov/staff/v/guides/ VOL2-97.pdf.) Every 

independent Government estimate should address the following: 

h How the estimate was made. 

h What assumptions were made. 

h What information and tools were used. 

h The source of the information used. 

h How previous estimates compared with prices paid. 

Comparison of proposed prices with prices obtained through market research for 

the same or similar items. 

Analysis of pricing information provided by the offeror. 

If information is necessary to support further analysis, the following order of preference should 

generally be used: 

Price information obtained from within the Government. 

Price information obtained from sources other than the offeror (e.g., sources of 

market information discussed in this Handbook). 

Price information obtained from the offeror. 

Cost information (i.e., information that does not meet the definition of cost or 

pricing data) obtained from the offeror. 

In any event, a request for information from an offeror should be limited to information in the 

form regularly maintained by the offeror as part of its commercial operations. 

 N-2 
Appendix O 

Achieving Fair and Reasonable Prices for 

Sole-Source Items 

A variety of techniques may be useful in achieving fair and reasonable prices when the 

Government has only a minimum of market leverage. The absence of market leverage can make 

the task more difficult regardless of whether an item is commercial. By following the guidance in 

this Handbook, the Government acquisition team will place itself in the best possible position to

achieve outcomes that are in the Government’s best interest. 

PRICE REASONABLENESS DIFFICULTIES

When having difficulty achieving price reasonableness in a sole-source situation, consider using 

the following techniques: 

◆ Revise the negotiation to consider innovative solutions. 

◆ 

◆ 

◆ 

◆ 

Escalate the negotiation (the first escalation should be to the procurement executive, then, 

if necessary, to the head of the agency). 

Buy minimum quantities and qualify alternative solutions or suppliers. 

Work with requirements personnel to restate the need in order to expand available 

solutions. 

Upgrade systems to current, commercial technology. 

Requiring activities should adapt to and leverage the commercial marketplace, rather than 

expecting the commercial marketplace to adapt to the DoD environment. Suppliers striving to 

preserve their commercial practices should not be considered unreasonable solely on that basis. 

EXAMPLE: CONTRACTOR X 

In 1997, the DoD Inspector General (IG) criticized the Defense Logistics Agency (DLA) for 

paying excessive prices for sole-source commercial items from contractor X. The actions 

identified were individual purchase orders, contracts, and delivery orders against basic ordering 

agreements awarded from 1994 through 1996 for various aircraft spare parts. Even though the 

prices paid were 20 percent lower than the catalog prices that commercial customers paid, they 

were an average of 280 percent higher (adjusted for inflation) than prices previously paid by the 

Government (prior to 1994, when most of the items did not meet the commercial item 

definition). In other words, absent any additional value being offered by the contractor (there was 

none) to offset the higher prices, the fact that DLA was paying less than every commercial 

 O-1 
 

customer and 20 percent less than catalog price was not adequate to determine the prices to be 

fair and reasonable. 

Even after the IG identified its concerns, the contractor was not willing to negotiate lower prices 

for these items when purchased individually. This remained true even when the procurements 

were elevated to the command level at the buying activity. However, the contractor did agree to 

negotiate a “corporate contract” for all items in its commercial catalog. In other words, the 

grouping of many smaller requirements into a larger, long-term contract made DLA a more 

attractive business partner to X, and X was willing to negotiate a better deal because there was 

something beneficial in it for the contractor. 

DLA conducted extensive market research on the items involved and used a variety of price 

analyses to discretely price as many of the individual items as possible. Market research led to 

alternative sources for a few of the items. DLA awarded a contract for 216 items in X’s 

commercial catalog at prices averaging about 71 percent lower than catalog prices. Again, a 

percentage off a catalog price does not necessarily mean anything in terms of price 

reasonableness. Using the IG’s methodology of comparison to previous prices showed that the 

new prices were still 40 percent higher than the pre-1994 prices. However, DLA achieved 

significant administrative and inventory cost savings that can be attributed to administrative leadtime savings (over 100 days per order saved) and those gained by awarding delivery orders 

against the corporate contract instead of making individual awards. In other words, while the unit 

prices were higher than those the Government had paid in the past, savings in other costs to the 

Government offset the increased unit prices. 

This example illustrates how the Government can secure value through corporate contracting in 

ways that cannot be accomplished just by focusing on a particular item. When corporate 

contracting is used to secure value, it is important that file documentation clearly communicate 

to future buyers what the price represents (e.g., the business considerations that affected the 

instant price) so that they will understand the specifics before they attempt to use the information 

in future awards. 

 O-2 
Appendix P 

Configuration Control and Logistics Support 

The Government is giving contractors configuration control at higher and higher levels of the 

“system” in order to insert advanced technologies faster and at lower cost. 

The degrees of contractor configuration control and logistics support should relate to total cost, 

performance, and risk. For example, in the past, the Government maintained a large 

infrastructure to support organic supply and maintenance. Now contractors often support 

equipment. This arrangement not only shifts these activities to the competitive private sector, it 

also enables technology insertion that enhances capability. Over a typical weapon system life 

cycle, maintaining and supporting original technology can cost much more than inserting new 

technology in an evolutionary manner. It is important that the cost savings comprise all costs, 

including Government overhead costs as well as direct program costs. 

In general, the Government should not stock spares in excess of those adequate for reasonable 

response times, but rather embrace new concepts of supply chain management, including just-intime inventories, direct supplier delivery, and contractor-held inventories. Instead of managing 

supplies, Government managers should be managing suppliers and their performance. 

The best way to protect source availability and avoid diminishing sources is to have a program of 

continuous technology upgrades. This can be accomplished by sustaining commercial 

engineering, value engineering incentive programs, and well-defined interfaces. 

Program managers should act early in the product life cycle to mitigate source-of-supply risks. 

These risks include business dissolution, product line elimination, and quality degradation. 

Actions that can reduce these risks include placing design drawings in escrow with a third party 

in case a supplier discontinues production, negotiating contract terms that require the provision 

of design drawings to the Government if the business dissolves, and negotiating contract terms 

that require prior notice and provide options for product life buyout if production of an item

ends. Since lifetime buys are very expensive, they should not necessarily be made for the 

program’s duration, but rather should be employed as an interim measure until a technology 

insertion strategy unfolds. 

If all of these approaches are inadequate and sources of supply are threatened, DoD has programs 

for managing diminishing manufacturing sources of supply. These programs exchange 

information and identify alternatives for those faced with supply-base problems. One such effort 

is the Virtual Parts Supply Base project (http://www.vpsb.com). Another is the Air Force’s 

Diminishing Manufacturing Sources and Material Shortages (DMSMS) Program

(http://www.ml.afrl.af.mil/ib/dpdsp/dmsms.htm). Also, the Government–Industry Data Exchange 

Program (GIDEP) (http://www.gidep.corona.navy.mil/mgmt/pm.htm) supports this 

communication process. 

 P-1 

Appendix Q 

Pricing-Support Resources 

The following sources are available to provide pricing support: 

The Army’s report entitled Constructing Successful Business Relationships: Innovation 

in Contractual Incentives is available at http://acqnet.saalt.army.mil/library/default.htm.

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

The Air Force’s guide entitled Award Fee and Award Term Guide is available at 

http://www.afmc.wpafb.af.mil/HQ-AFMC/PK/pkp/pkpc/awardfee.htm. 

The Federal Acquisition Institute and the Air Force Institute of Technology offer The

Contract Pricing Reference Guides at http://www.gsa.gov/fai. 

The Defense Contract Management Agency’s One Book offers guidance at 

http://www.dcma.mil/. 

The U.S. Navy PRICE FIGHTERS is a specialized organization that exists to provide 

negotiation support. It can be reached via e-mail at price_fighters@fossac.navy.mil. 

The Federal Acquisition Institute offers an online Market Research course. The course 

has a section on developing price estimates that strongly emphasizes awareness of (1) 

changes in quantity discounts that can affect prices; (2) current market conditions, such as 

the extent to which increased competition can lower prices; and (3) effects resulting from

changes from detailed design specifications to performance requirements enabling 

consideration of new sources that may lead to lower prices. The course is available at

http://www.faionline.com/fai/register/main_frm.htm. 

The Office of the Deputy Under Secretary of Defense (Acquisition Reform) sponsored 

two satellite broadcasts in an educational program on commercial pricing and contracting 

in a sole-source environment: 

h Contract Pricing One was held on February 25, 1998. This program addressed tools 

and techniques for determining fair market value and prices for commercial items. 

h Contract Pricing Two was held on June 25, 1998. This program addressed tools and 

commercial practices for obtaining fair and reasonable prices in both competitive and 

sole-source environments. 

Information about satellite broadcasts can be found at http://www.dau.mil/. The broadcasts were 

offered through the Acquisition Reform Communications Center (ARCC) (a directorate under 

the Defense Acquisition University). 

The Defense Acquisition University has revised three courses from the Basic Contracting 

Curriculum to address pricing issues. These updated courses have been offered since 

 Q-1 
 

autumn 1999. Information about Defense Acquisition University courses can be found at 

http://www.dau.mil. 

h Basics of Contracting (CON 101) is a survey course encompassing the entire 

contracting process from the receipt of a purchase request through contract 

completion, including closeout, with emphasis on commercial contracting. The 

updated course includes two hours of discussion on price analysis and cost 

analysis techniques. 

h Principles of Contract Pricing (CON 104) provides essential fundamentals for the 

study and practice of price, cost, and proposal analysis. It also provides a 

discussion and demonstration of applicable estimating techniques used to support 

these analyses. Topics include a review of the contracting environment, the use 

and importance of market research, sources of data for price or cost analysis, and 

the application of price-related factors in determining reasonableness. 

h The terminal objective of Intermediate Contract Pricing (CON 204) is for 

students to recognize pricing issues and develop prenegotiation objectives so that 

a fair and reasonable price position is supported in contract actions. One of the 

primary course objectives is for students to understand how to use market 

research and the contracting officer’s commerciality decision to determine the 

required price or cost data. 

The National Association of Purchasing Managers and the National Contract 

Management Association teamed to offer online courses. Their Web-based course 

Integrating Commercial Practices with Government Business Practices, Program I: 

Managing Suppliers (#3900) can be found at http://www.napm-ncma.org. This course 

includes three learning modules: (1) Concepts of Integrating Commercial Practices, (2) 

Managing Suppliers and Commercial Practices, and (3) Improving Supply Chain 

Performance. In the second module, price and cost analyses are discussed as tools that 

help in the selection of good suppliers. Factors that affect supplier prices are covered in 

detail, with special recognition given to the need for analyzing prices that reflect 

commercial, market-driven, supply-demand situations, including prices affected by 

Government-unique requirements. The course has been available since February 1999. 

More than 4,000 Defense personnel have taken it. 

◆ 

◆ The Defense Acquisition University, the Department of the Army, and the University of 

Virginia’s Darden Graduate School of Business partnered to develop the course 

Competing in a New Business Environment: A Program for Defense Acquisition 

Executives. This course was developed specifically to address the perceived deficiency in 

the knowledge of Government personnel about what drives private-sector business 

decisions. This course is held biannually, offering students exposure to real business case 

studies, guest corporate and Government lecturers, and a follow-up session identifying 

lessons learned for implementation by the Department. Dr. Bob Ainsley (703-805-4565) 

is the DAU point of contact for this course; for information regarding specifics on course 

content, he can be contacted at bob.ainsley@dau.mil. 

 Q-2 
Pricing-Support Resources 

The Defense Contract Management Agency and the Defense Contract Audit Agency 

chartered the Joint Industry/Government Parametric Cost Estimating Initiative. This 

group—including members from both of the chartering organizations, the military 

services, and representatives of industry—prepared a Parametric Cost Estimating 

Handbook. Parametric estimating is an acceptable method, according to the Federal 

Acquisition Regulation, for preparing proposals based on cost or pricing data or other 

types of data. This handbook is a guide for industry and Government acquisition 

professionals who prepare, evaluate, or negotiate proposals by using parametric 

estimating techniques. The Parametric Cost Estimating Handbook can be found at 

http://www.ispa-cost.org/PEIWeb/cover.htm.

◆ 

◆ 

◆ 

◆ 

◆ 

The Defense Acquisition University offers, in addition to the three basic courses 

described above, Advanced Contract Pricing (CON 235). This course is designed for 

buyers, price analysts, and contracting officers tasked with obtaining fair and reasonable 

prices in today’s Defense acquisition environment. The course addresses understanding 

market forces and the market research process critical to deciding whether an acquisition 

should be commercial. The course explores the application of quantitative tools used in 

price analysis for commercial items and price or cost analysis for noncommercial items. 

Statistical analyses and parametric methods are examined. The following topics are 

covered during course discussions, exercises, and cases within the course: Market 

Research, Developing an Estimating Tool, Analogy Technique, Parametric Estimating, 

Computer Software Applications, Best Value, Integrated Product Team Pricing, Getting 

Expert Opinions, and Commercial Item Pricing. Information about this and other Defense 

Acquisition University courses can be found at http://www.dau.mil. 

Air Force Materiel Command’s (AFMC’s) Directorate of Contracting (Pricing, Finance 

and Specialized Policy [PKPC]) has developed and made available the student workbook 

from the two-hour Commercial Item Pricing training and Price-Based Acquisition

training. Additionally, a briefing given by Headquarters AFMC/PKPC on Commercial 

Item Pricing specifically addresses lessons learned during an actual case study. These and 

other Air Force market research and pricing tools can be found at 

http://www.safaq.hq.af.mil/contracting/toolkit/. 

The Assistant Secretary of the Navy (Research, Development and Acquisition) issued a 

June 1997 memorandum highlighting problems experienced in pricing commercial items. 

This policy memorandum informs the acquisition community that some sole-source firms 

are proposing commercial items at catalog prices that reflect excessive increases over the 

prices charged when the same items were previously bought using cost or pricing data. 

This memorandum instructs contracting officers to understand the basis of catalog prices 

and encourages the use of market research, and it provides guidance about the types of 

information that can be used to determine price reasonableness. The memorandum can be 

found at http://www.abm.rda.hq.navy.mil/abm97_11.html. 

The Office of the Director, Defense Acquisition Initiatives also offers the Commercial 

Advocates Forum Web site. This site promotes the acquisition of commercial items and 

the use of commercial practices by disseminating information to front-line buyers, 

enabling the exchange of questions and answers, and sharing best practices and lessons 

 Q-3 
 

learned. By visiting the Commercial Advocates Forum as part of the market research 

effort, acquisition personnel can make contacts for similar acquisitions. The Forum offers 

extensive data focused on commercial item acquisition, including news and success 

stories, links to agency commercial advocates, and a library of resources and tools that 

can help to simplify the market research effort. As has been previously stated, market 

research is a key method for determining whether a proposed price is fair and reasonable, 

and data from buyers and other experts are important to consider as part of your market 

research. The Commercial Advocates Forum Web site can be found at 

http://www.cadv.org. 

The Commercial Advocates Forum offers access to the General Accounting Office report 

DoD Pricing of Commercial Items Needs Continued Emphasis at 

http://www.cadv.org/pdf_docs/mrhandbook.pdf.

◆ 

 Q-4 
Appendix R 

Mandatory Commercial Item Terms and Conditions 

COMMERCIAL ITEM TERMS AND CONDITIONS

The solicitation and the subsequent contract are transformed under commercial item acquisitions. 

Both have fewer solicitation provisions and contract clauses than solicitations and contracts 

generated under acquisitions using Government-unique policies and procedures. By statute, 

contracts acquiring commercial items, to the maximum extent practicable, can include only those 

contract clauses that

◆ are required to implement law or Executive Order, or 

◆ 

◆ 

◆ 

◆ 

◆ 

◆ 

are determined to be consistent with “standard commercial practice.” 

“Standard commercial practice” refers to the customs of companies in a particular 

marketplace, regardless of the practices of an individual firm in that marketplace (e.g., a 

term may be standard in the marketplace even if a firm does not normally use that 

specific term in its own practices). 

To implement this mandate, the Federal Acquisition Regulation (FAR) has limited 

solicitation provisions and contract clauses specifically developed for commercial items. 

Notwithstanding the prescriptions for provisions and clauses contained throughout the 

rest of the FAR, the only provisions and clauses the contracting officer is required to use 

are those which are prescribed in FAR Part 12. This fact greatly eases the process of 

preparing solicitations and contracts for commercial items, and it should prevent 

provisions and clauses not appropriate for commercial items from creeping into these 

acquisitions. The contracting officer does have the flexibility to use other provisions and 

clauses, including FAR provisions and clauses, but only when 

their use is consistent with customary commercial practices, and 

the contractor agrees to their use, or 

a waiver to use terms and conditions inconsistent with customary commercial practice is 

obtained in accordance with agency procedures. 

In acquiring commercial items, agencies can supplement the FAR Part 12 provisions and 

clauses, but only if 

necessary to reflect agency-unique statutes, or 

approved by the agency senior procurement executive or the agency’s representative to 

the FAR Council (this approval authority cannot be delegated). 

 R-1 
 

Tailoring Provisions and Clauses 

The contracting officer can tailor the commercial item provisions and clauses to adapt to the 

particular commercial market in which he or she is working. The basic terms and conditions 

prescribed in the Part 12 provisions and clauses strike a balance between the interests of both the 

buyer and the seller, the unique requirements of Federal Government acquisitions, and the 

common desire for brevity and clarity. These provisions and clauses, however, may not be 

appropriate for all transactions. Thus, the FAR recognizes that the contracting officer is in the 

best position on a given acquisition to evaluate the market situation, assess the Government’s 

position in the market for that item, and appropriately tailor the terms and conditions to that 

situation. But, while the FAR gives contracting officers broad authority to tailor solicitations and 

contracts where the tailoring is consistent with commercial practices, any tailoring in a manner 

inconsistent with commercial practice must be approved in accordance with agency procedures. 

The solicitation provision at FAR 52.212-3 may be tailored, but only in accordance with FAR 

Subpart 1.4, Deviations from the FAR. Tailoring can be accomplished by including other 

provisions or clauses from the FAR, a FAR supplement, or a commercial source, in whole in 

part, or by drafting new language to provide necessary coverage on topics not addressed in the 

FAR Part 12 provisions and clauses. 

The provisions at FAR 52.212-1 and 52.212-2 and the clause at 52.212-4 can be tailored. 

However, certain specified paragraphs of the clause at FAR 52.212-4 implement statutory 

requirements and cannot be tailored (see FAR 12.302[b]). 

To promote efficiency and economy under the FAR 13.5 Simplified Acquisition Procedures Test 

Program, tailoring may be applied to a range of items provided by the contractor rather than to 

individual item acquisitions. 

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or 

Executive Orders—Commercial Items, incorporates by reference only those clauses required to 

implement provisions of law or Executive Orders applicable to the acquisition of commercial 

items. The clause at 52.212-5, Contract Terms and Conditions, is not required for COTS items, 

which have their own alternative Contract Terms and Conditions clause. Neither clause may be 

tailored (but see the following paragraph). 

Certain revisions to the FAR Part 12 provisions and clauses are not considered tailoring. For 

example, when fast payment procedures are authorized, contracting officers may revise 

paragraph (i) of the clause at FAR 52.212-4 accordingly. Also, contracting officers may delete 

from solicitations and contracts portions of the provision at FAR 52.212-3 and the clause at FAR 

52.212-5 that do not apply and replace them with applicable language, if any (e.g., when 

guidance for DoD differs from that in the FAR, when a deviation applies, or when only supplies 

are being acquired and requirements related solely to services can be omitted). 

Contract Clauses 

Contracts for acquiring commercial items include, to the maximum extent practicable, only those 

clauses required to implement provisions of law or Executive Orders applicable to the 

 R-2 
Mandatory Commercial Item Terms and Conditions 

acquisition of commercial items or determined to be consistent with customary commercial 

practice. The clauses at FAR 52.212-4 and 52.212-5 either embody those clauses or incorporate 

them by reference. The contracting officer is responsible for reviewing these clauses to 

thoroughly understand their applicability. 

Within the clause at FAR 52.212-5, the clauses cited in its paragraph (a) are automatically 

applicable, whereas those listed in paragraph (b) are applicable only when the contracting officer 

checks them as appropriate for the circumstances. The automatically applicable clauses are those 

at FAR 52.222-3, Convict Labor, and 52.233-3, Protest after Award; they cannot be tailored. 

However, they might be self-deleting in certain circumstances. For example, the Convict Labor 

clause is self-deleting for most contracts performed overseas because it applies only to

circumstances where convict labor is available from any state, the District of Columbia, the 

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth 

of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands (FAR 22.202). 

However, addenda to the solicitation and contract should not be used to indicate that a clause 

listed in FAR 52.212-5 (a) is self-deleting, since addenda are the specific means for tailoring a 

provision or clause, and the clause at FAR 52.212-5 cannot be tailored, as noted previously. 

SUBCONTRACTING FOR COMMERCIAL ITEMS

The Federal Acquisition Streamlining Act of 1994 (FASA) encourages, to the maximum extent 

practicable, the acquisition of commercial items at the subcontractor level. To extend the benefits 

of commercial item acquisitions to the subcontractor level, Government contracts contain 

limitations on the applicability of certain laws to the acquisition of commercial items at the 

subcontractor level, including a transfer of commercial items between divisions, subsidiaries, or 

affiliates of a contractor or subcontractor. This flow-down limitation is addressed in two ways: 

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes 

or Executive Orders—Commercial Items which goes in all prime contracts for 

commercial items, contains a paragraph (e) that limits the required flow-down of clauses 

to subcontractors to just four FAR clauses. 

◆ 

◆ The clause at FAR 52.244-6, Subcontracts for Commercial Items and Commercial 

Components, which goes in all prime contracts for other than commercial items, states 

that, notwithstanding any other clause in the contract, the contractor is not required to 

include any FAR provision or clause other than those listed in this clause. 

These clauses offer significant incentives to encourage the expanded use of commercial items at 

all tiers. Either of these clauses is the only required clause for prime contractors to flow down to 

subcontracts, but the prime contractor can flow down other provisions and clauses, including 

FAR provisions and clauses, as necessary to meet its obligations under the prime contract. 

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Appendix S 

Buying Commercial Items through Multiple-Award 

Task and Delivery Order Contracts and MultipleAward Schedules 

Multiple-award task and delivery-order contracts and the multiple award schedules (MAS) have 

become increasingly popular procurement vehicles for satisfying agency needs. These vehicles 

were designed as a means for efficiently applying competitive pressures to a small number of

capable contractors before placing orders. If used effectively, these vehicles can facilitate the 

timely acquisition of commercial items and the latest innovations offered in the marketplace. 

MULTIPLE-AWARD TASK AND DELIVERY ORDER 

CONTRACTS

The Federal Acquisition Streamlining Act of 1994 (FASA) clarified agencies’ authority to award 

multiple task and delivery order contracts covering the same scope of services or products and to 

award orders for specific work after giving each contract holder a fair opportunity to be 

considered. The streamlined, commercial-style competition offers customers the opportunity to 

take advantage of advances in technology and changes in agency priorities in a timely manner. 

A variety of agencies have made their multiple-award task and delivery order contracts available 

for ordering by other agencies, especially those offering information technology (IT) products 

and services. Interagency multiple-award task and delivery order contracts for IT are referred to 

either as Government-wide acquisition contracts (GWACs) or multi-agency contracts. GWACs 

are structured for use by agencies Government-wide and are operated by designated executive 

agents. Multi-agency contracts may, but need not, be structured to support Government-wide use 

and are operated by agencies pursuant to the Economy Act. Also, the scope of a multi-agency 

contract need not be limited to IT. 

MULTIPLE-AWARD SCHEDULES

The MAS are a listing of multiple contractors, each of which has been awarded a contract by the 

General Services Administration (GSA) (or by the Department of Veterans Affairs [VA] for 

pharmaceuticals and other medical supplies) for use by all Federal agencies. The MAS are 

structured to provide buyer access to a wide range of commonly used commercial supplies and 

services through a large cadre of qualified suppliers so that agencies have considerable flexibility 

in fulfilling their broad-ranging requirements. Processes for using the MAS are highly 

streamlined and simplified. Access to additional information, ordering, and payment is facilitated 

through the Web site of the Federal Supply Schedules (http://www.fss.gsa.gov/schedules/) and 

GSA Advantage!,TM an electronic catalog of the items in the GSA supply system. When 

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acquiring services through the schedules, refer to GSA’s “special ordering procedures,” available 

at http://www.fss.gsa.gov/schedules/ordinssv.cfm. 

KEY CONSIDERATIONS

1. What should an agency consider in deciding when an existing multiple-award task and 

delivery order contract (or GWAC or multi-agency contract) or MAS will serve as an effective 

means for satisfying its needs for commercial items? 

In conducting market research and acquisition planning, agencies should consider the potentially 

beneficial terms and conditions and competitive pricing (as well as administrative savings) of

multiple-award task and delivery order contracts and MAS. In doing so, agencies are responsible 

for determining, as they identify and gain an understanding of marketplace capabilities, whether 

the focus and terms and conditions of an existing contract will result in an optimal fit between 

agency needs and commercial solutions. The MAS program, for example, offers an array of 

commonly used commercial products and services. Use of the MAS, therefore, may be less 

effective when more tailored commercial solutions better suit the agency requirement. A 

multiple-award task and delivery order contract provides the opportunity to encourage a set of 

contractors to compete for buys in a particular category or by a particular set of users. If a 

customer is likely to have significant recurring needs for supplies or services that fall within the 

scope of existing multiple-award task and delivery order contracts, but are not the main focus of

those contracts, the customer may be able to achieve better prices and terms and conditions by 

establishing a new task and delivery order contract or other appropriate contract type. 

The successful use of multiple-award task and delivery order contracts and MAS, like the 

successful use of any other acquisition tool, requires the commitment and cooperation of all 

agency disciplines responsible for the agency’s mission. Thus, it is important to secure the crossfunctional cooperation of contracting, program, finance, and legal offices in taking responsibility 

for the effective planning and execution of orders using these vehicles. 

2. What should an agency consider in setting up a multiple-award task and delivery order 

contract?2

Multiple-award task and delivery order contracts are effective only when they are structured, 

managed, and administered to consistently take full advantage of the fair opportunity process. 

While awardees need not be equally capable in all areas, contracting officers need to avoid 

situations in which awardees specialize exclusively in one or a few areas within the statement of 

work, since this practice will increase the likelihood that orders in these areas will be awarded on 

a sole-source basis. 

The presence of multiple qualified sources to which the Government has efficient access is key 

to sustaining access to the competitive pressures of the marketplace. In determining the number 

 

2

 GSA (and VA through a delegation from GSA for certain medical products) is statutorily

responsible for establishing schedules for Government-wide use. The creation of new schedules is

based on, among other things, the level of demand for a product or service line. 

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Buying Commercial Items through Multiple-Award Task and 

Delivery Order Contracts and Multiple-Award Schedules 

of contracts to be awarded under a multiple-award task and delivery order contract, the 

contracting officer should consider (1) the scope and complexity of the contract requirement, (2) 

the expected duration and frequency of task or delivery orders, (3) the mix of resources a 

contractor possesses to meet the expected task or delivery order requirements, and (4) the ability 

to maintain competition among the awardees throughout the contracts’ periods of performance. 

The initial contract should include provisions that reflect the Government’s buying power (e.g., 

caps on prices for defined tasks, and capped hourly rates). If a multiple-award task and delivery 

order contract is to provide access to products or services that fall both within and outside Part 

12, the contract must include the Part 12 clauses for commercial buys. 

3. How can an agency take full advantage of the benefits offered by established multipleaward task and delivery order contracts and MAS in buying commercial items? 

The potential of multiple-award task and delivery order contracts and MAS to deliver good 

overall deals for the taxpayer too often goes unrealized. Optimizing results on multiple-award 

task and delivery order contracts and MAS requires that (1) orders be effectively structured, (2) 

competitive pressures be applied in order placement, and (3) the division of responsibilities 

between the servicing agency and the customer be well understood. 

STRUCTURING ORDERS

Customers of multiple-award task and delivery order contracts and MAS should structure orders 

to facilitate effective mission attainment. In particular, they should do the following: 

♦ Make task orders for services performance-based. As generally is the case when 

describing agency needs (see Chapter 1), customers are responsible for focusing on 

desired mission-related outcomes instead of emphasizing how the work is to be 

performed, and tie payment to the contractor’s successes in achieving those outcomes. 

Doing so will motivate improved performance and reduce contract prices. 

♦ Think modular. Multiple-award task and delivery order contracts and MAS are well 

suited to help customers manage risk. By providing ready access to a cadre of qualified 

contractors, these vehicles enable customers to pursue projects in manageable segments 

(typically narrow in scope and brief in duration) that can independently deliver mission 

benefits with the confidence that additional segments may be acquired in a timely 

fashion. If a longer-term order is appropriate, the customer should incorporate effective 

“off ramps” to minimize dependence on one contractor. Unnecessarily large and 

inadequately defined orders will make it difficult to apply competitive pressures and need 

to be avoided. 

ORDER PLACEMENT

To make the most of multiple-award task and delivery order contracts and MAS, it is imperative 

for customers to capitalize on the competition made possible under these contracts and to take 

price into consideration before placing an order. 

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TAKING ADVANTAGE OF COMPETITIVE PRESSURES

Multiple-Award Contracts 

Multiple-award task and delivery order contracts generate sustained competitive pressure within 

the vehicle through a process whereby contract holders are given a fair opportunity to be 

considered for specific requirements through streamlined ordering procedures. Thus, to reap 

these benefits of these contracts, customers are responsible for doing the following: 

♦ Providing each awardee a fair opportunity to be considered for each order (over 

$2,500). Methods that would not result in giving fair consideration to each awardee, such 

as allocation or designation of a preferred awardee, must not be used. Four exceptions to 

the fair opportunity process are recognized in law and regulation. If the ordering office 

intends to use an exception to the fair opportunity process, it might consider announcing 

this intention. Another contract holder may express an interest that may prove worthy of 

consideration. 

Submission requirements should be kept to a minimum, with emphasis on streamlined 

procedures, such as oral presentations. For product buys, it may be unnecessary to require 

each awardee to develop a separate proposal, and it may be unnecessary to conduct 

negotiations with each awardee prior to awarding a delivery order. A streamlined 

approach is warranted if the contracting officer or customer can compare the various 

prices and products being offered under these contracts, consider each awardee, and make 

an award in the best interest of the Government. 

It is important that ordering decisions be properly and adequately documented. The 

contracting officer is responsible for documenting in the contract file the rationale for 

placement and price of each order, including the basis for award and the rationale for any 

tradeoffs among cost or price and non-cost considerations in making the award decision. 

This documentation need not quantify the tradeoffs that led to the decision. The contract 

file needs to identify the basis for using an exception to the fair opportunity process. If 

the agency uses the logical follow-on exception, it is important that the rationale describe 

why the relationship between the initial order and the follow-on is logical (e.g., in terms 

of scope, period of performance, or value). 

♦ Fostering effective communication. Effective communication between Government 

customers and contract holders is essential for ensuring the routine receipt of more than 

one viable business solution and for maximizing situations where the customer is 

choosing between competing offers. This communication is especially important where 

the ordering office lacks information to define a solution in performance-based terms and 

proposal development is resource-intensive. In acquiring systems and services in 

particular, dialogue will typically be necessary to ensure that requirements and risks are 

well understood. This understanding is needed so that contract holders can develop and 

propose realistic, well-defined solutions that best match Government needs with 

commercially available marketplace capabilities and enable the Government to award 

performance-based orders. 

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Buying Commercial Items through Multiple-Award Task and 

Delivery Order Contracts and Multiple-Award Schedules 

Accordingly, customers should take steps to ensure that contract holders are able to make 

effective business decisions in deciding whether and how to propose. Among other 

things, sufficient time should be provided for contract holders to review requirements for 

orders. In addition, techniques should be considered that facilitate effective information 

exchange and contractor investigation, such as through the distribution of draft statements 

of work. 

Multiple-Award Schedules 

The MAS, with its wide range of products and services and its large cadre of qualified 

contractors, provides customers with broad access to the commercial marketplace for commonly 

used commercial items. As is the case with ordering under multiple-award task and delivery 

order contracts, the effective use of competitive pressures, including good communications with 

contractors, and the appropriate documentation of activities, are important for MAS purchases. 

While the fair opportunity process applicable to multiple-award task and delivery order contracts 

does not apply to MAS ordering, FAR Subpart 8.4 envisions the application of competitive 

pressures through the consideration of multiple MAS contractors on orders above $2,500. 

Supplies. For orders for supplies over $2,500 up to the maximum order (MO) threshold, 

agencies are expected to review information through GSA Advantage!TM or price lists/catalogs 

of at least three schedule contractors. 

Services. For services, GSA’s special ordering procedures require customers to request

quotations from three schedule contractors if the order is over $2,500 and under the MO 

threshold. The procedures envision customers preparing performance-based statements of work 

and placing firm-fixed-price orders based on the prices in the schedule and with consideration of 

the mix of labor categories and level of effort required to perform the services described in the 

statement of work. The customer is required to make a determination that the total price of a 

particular order is fair and reasonable. 

The MO threshold is included to serve as a marker above which customers need to consider 

additional contractors (beyond the three otherwise considered) and generally seek price 

reductions. 

Pursuant to Federal Acquisition Regulation (FAR) 8.404(b)(4), customers should consider 

setting up single or multiple blanket purchase agreements (BPAs) with schedule contractors to 

satisfy recurring needs. BPAs are designed to further reduce the administrative burden associated 

with order placement and invoicing while permitting agencies to secure additional discounts for 

repetitive or higher volume purchasing.

CONSIDERING PRICE

In order to obtain best value, orders need to take price into consideration. It is important that 

individual orders clearly describe all services to be performed or supplies to be delivered so the 

full cost or price for performance of the work can be established when the order is placed. Orders 

must be priced consistent with FAR Part 12 guidance on contract types. Fixed prices will provide 

an incentive for contractors to control costs and perform efficiently. 

 S-5 
 

GSA negotiates prices for the MAS. Per FAR 8.404(a), agencies may rely on GSA prices as fair 

and reasonable. However, as noted above, if a purchase is likely to exceed the MO threshold, 

agencies are expected to generally ask for better pricing. According to GSA’s special ordering 

procedures, available at http://www/fss.gsa.gov/schedules/, applicable to the acquisition of 

services, the ordering office is expected to determine that the total firm fixed price it 

negotiates—after considering rates identified in the GSA schedules—is fair and reasonable. 

Considerations other than price also play an important role. Considering past performance in the 

comparative evaluation of contract holders will enable agencies to better predict the quality of, 

and customer satisfaction with, future work and is instrumental in making best-value selections. 

Moreover, evaluating proposals that contain different technical approaches will likely require 

tradeoffs between solutions and different risks and benefits. Customers are expected to use good 

business judgment to determine appropriate methods for considering risk management, cost 

control, quality differences, and other considerations relevant to order placement. And, as noted 

above, adequately documenting ordering decisions is important. 

UNDERSTANDING RESPONSIBILITIES

Because acquisitions under MAS and many acquisitions under multiple-award task and delivery 

order contracts are inter-agency, it is important that customers clearly understand what they are 

expected to do (especially since the division of responsibilities may vary between vehicles). For 

example, there should be a clear understanding of who is responsible for program quality and 

control to measure contract performance and ensure successful completion of tasks. 

When engaging in interagency acquisitions, even when the Economy Act does not apply (such as 

to MAS and GWACs), customers still must comply with the FAR and applicable statutes, 

Executive Orders, and guidance (e.g., relevant to acquisition planning, development of an 

information technology strategy, and obligation of appropriations) (see 31 U.S.C. 1501(a)(1)). In 

addition, DoD customers are required (pursuant to 10 U.S.C. 2225(b)(5)(B)) to identify the 

reasons for making a purchase through an agency other than the Department of Defense. 

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