Commercial Items

Review the FAR definition of “commercial item” in FAR 2.101. Focus specifically on parts (5) and (6).

Part 1: Do you think it make sense that “services” are included in the definition of commercial “items”? Or, for example, should there be a different definition for “commercial services”? Explain (briefly).

Part 2: Review FAR 12.102, including the use of “shall” in 12.102(a). Which of the following statements do you think is more accurate (and why)?

(1) If the government buys something that is a commercial item under FAR 2.101, that procurement is a contract for commercial items.
(2) Just because the government buys something that is a commercial item under FAR 2.101, that does not mean that the procurement is a contract for commercial items. The government is not required to take advantage of the flexibilities offered in FAR Part 12.
(3) Neither (1) nor (2).
(4) Both (1) and (2).

* Remember not to forget the “why” part of the question. In other words, please explain your response.

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