# PGI 212.102 Applicability.

(a)(i) Commercial item determination.

(A) Making the commercial item determination.

( 1 ) Before making a commercial item determination, the contracting officer shall search for a prior DoD commercial item determination (see paragraph (a)(ii)) for the same item in the DoD Commercial Item Database at https://piee.eb.mil/.

( 2 ) In accordance with 10 U.S.C. 2380(b)(1), the contracting officer may—

(i) Request support from the Defense Contract Management Agency (DCMA) by sending an email to DCMA Commercial Item Group (CIG) at dcma.boston-ma.eastern-rc.mbx.Commercial@mail.mil;

(ii) Request support from the cognizant Defense Contract Audit Agency (DCAA) office;

(iii) Request support from other appropriate experts in DoD such as program office technical evaluators, program managers, cognizant engineers, or other contracting officers; or

(iv) Consider the views of appropriate public and private sector entities such as documents provided by the contractor asserting commerciality to include technical drawings, product or catalog descriptions, or national stock numbers.

(3) The contracting officer may make the commercial item determination or request a (DCMA) CIG contracting officer make the determination by submitting a request to dcma.boston-ma.eastern-rc.mbx.Commercial@mail.mil. The contracting officer may withdraw the request for a DCMA CIG commercial item determination at any point prior to the determination being made.

(B) Documenting the commercial item determination.

(1)The contracting officer making the determination shall document the market research and rationale supporting a conclusion that the item is commercial.

(2) Particular care must be taken when documenting determinations involving “modifications of a type customarily available in the marketplace,” and items only “offered for sale, lease, or license to the general public” but not yet actually sold, leased, or licensed. In these situations, the documentation must clearly detail the particulars of the modifications and sales offers. When such items lack sufficient market pricing history, additional diligence must be given to determinations that prices are fair and reasonable as required by FAR subpart 15.4.

(3) Contracting officers shall include the commercial item determination in the contract file.

( 4 ) DoD commercial item database. In accordance with 10 U.S.C. 2380(b)(2), within 30 days of contract award, the contracting officer making the determination shall upload the signed commercial item determination to the DoD Commercial Item Database at https://piee.eb.mil .

(ii) Prior commercial item determination. If a prior DoD commercial item determination for the same item is made by a military department, defense agency, or another component of DoD, contracting officers may presume that the prior commercial item determination shall serve as a determination for subsequent procurements of such item, unless the process is followed to overturn the prior determination (see DFARS 212.102(a)(ii)(B)).

(iv) Commercial item guidebook. See the Department of Defense Guidebook for Acquiring Commercial Items, Part A: Commercial Item Determination, for detailed guidance and practical examples on improving the consistency and timeliness of commercial item determinations to include a template for new commercial item determinations and for general information related to commercial items.