The Finding of Concern –
While the decision in the case (ASBCA, 21-1 BCA ¶37,823 Hollymatic Corporation, Armed Services Board of Contract Appeals, (Mar. 22, 2021)) did not specifically rest on this finding; the board stated:
“Our reading of the solicitation is also supported by the fact this was a commercial acquisition pursuant to FAR Part 12 and the definition of a commercial item (product) in FAR 2.101, paragraph 1, requires the item to have been “sold, leased, or licensed to the general public; or has been offered for sale, lease, or license to the general public” (i.e., to presently exist in the market) (finding 2)”
A selective review and reference to this case by DCAA or DCMA could lead to the impression that for a product (i.e., item) to meet the FAR 2.101 definition of a commercial item the product must be completely developed and currently offered for sale in the commercial marketplace.