SLC-9018 (5/12) Page 1 of 7 ASSERTION OF COMMERCIALITY (AOC) FORM SLC-9018 (To Be Completed Electronically) PART NUMBER(s): DESCRIPTION: OFFEROR: NOTE: If claiming an exemption, offeror must provide the appropriate information and supporting documentation to determine commerciality. Refusal to provide the required information can result in a determination that goods and/or services offered do not constitute a "commercial item." If the goods and/or services cannot be determined to be “commercial,” offeror may be required to provide certified cost or pricing data to support the price of the goods and/or services. ASSERTION: Offeror hereby represents that, to the best of its knowledge, information, and belief, goods and/or services offered constitute a "commercial item(s)" as defined by FAR 2.101 because of one or more of the following (check box(es) as appropriate): SECTION I: GSA Schedule The Federal Supply Schedule Program (see FAR 8.4) is directed and managed by the General Services Administration (GSA). FAR 8.402(a) states: “The Federal Supply Schedule program is also known as the GSA Schedules Program or the Multiple Award Schedule Program. The Federal Supply Schedule program is directed and managed by GSA and provides Federal agencies (see FAR 8.002) with a simplified process for obtaining commercial supplies and services at prices associated with volume buying.” Therefore, items available on the GSA schedule are considered to be commercial items. A. Is the exact item(s) available on the GSA Schedule through the Federal Supply Schedule Program? Yes No If Yes, please provide the GSA contract number and the part number listed on the GSA website. SECTION II: Unmodified Commercial Items or Components 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 i. Has been sold, leased, or licensed to the general public; or, ii. Has been offered for sale, lease, or license to the general public. If checking box for “SECTION II” above, the following information must be provided: Describe the type of item or component that is sold or offered for sale to the general public or other non-governmental entities for other than governmental purposes. What indicates that the type of item(s) described above is/are customarily used by nongovernmental entities? Has the item itself (as opposed to the type of item) been sold or offered for sale to the general public or other non-governmental entities? SLC-9018 (5/12) Page 2 of 7 Yes o No If Yes, please provide copies of invoices, PO’s, Sales Orders, quotes to customers, website screenshots offering the item for sale, publicized price lists including information on how to order, etc. with your response. Please note that documentation of sales to L3 Communications or any affiliates/subsidiaries will not be accepted as valid support. List attached support here: SECTION III: Modified Commercial Items or Components (see FAR 2.101 “Commercial Item” par. (3)) A. Any item that would satisfy a criterion expressed in Part I or II above, but for: i. Modifications of a type customarily available in the commercial marketplace; or ii. 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: If checking box for “SECTION III” above, the following must be completed and provided: Does the unmodified base item qualify as a commercial item as defined in Section I and/or II above? Yes No If No, Please contact your L-3 representative as this item may not be commercial. If Yes, what are the modifications that would be made to the commercial item? Please list specific details: Are the modifications of a type customarily available in the commercial marketplace? Yes No Summarize your support for customary availability in the commercial marketplace. (e.g. Sales invoices to nongovernment customers with the same or very similar modification, website screenshots allowing selection of the same or very similar modification, price list showing the same or very similar modification, etc…) If the modifications are not of a type customarily available in the commercial marketplace: Are the modifications made to satisfy Federal Government requirements? Yes No N/A Do the modifications alter the nongovernmental function or essential physical characteristics of the item? Yes No o If yes, please describe the alterations and their estimated costs: Does the modified item retain a predominance of nongovernmental functions or physical characteristics? Yes No Summarize your support, describing the value and/or size of each modification and its estimated cost in comparison to the value of the final product. SLC-9018 (5/12) Page 3 of 7 Are there any other factors, which would allow you to conclude that the modifications are minor? Yes No o If yes, please describe the factors and explain their significance Based on the above, does the modification qualify as a minor modification? Yes No Please complete the following summary of modification: Value and/or size of the unmodified commercial item Value and/or size of the modification Price to L3 CSW of all Minor Modifications Data in the format of SECTION II for completed sales of the unmodified commercial item and applicable modification data (please attach copies of the invoices, PO’s, Sales Orders, quotes, website screenshots offering the item for sale, publicized price lists including information on how to order, etc…) List attached support here: SECTION IV: Commercial Items Support Services A. Installation services, maintenance services, repair services; training services, and other services if -i. Such services are procured for support of an item referred to in SECTIONS I, II, o r III above, regardless of whether such services are provided by the same source or at the same time as the item; and ii. The source of such services provides similar services simultaneously to the general public under terms and conditions similar to those offered to the Federal Government. If checking box for “SECTION IV” above, the following information must be provided: Are the services procured for the support of a commercial item, which qualifies under SECTIONS I, II, or III above? Yes No If Yes, describe the nature of the services and how they support the commercial item. Are the services provided at the same time to the general public and the Federal Government Yes No If Yes, are the terms and conditions for the services offered to the Federal Government similar to those offered to the general public? Yes No If No, Describe differences here: If Yes, please provide: copies of invoices or statements of work (SOW) showing that the services offered or sold commercially are the same as those being offered to the Federal Government. List attached support here: SECTION V: Other Commercial Services A. Services of a type offered and sold competitively in multiple instances and to SLC-9018 (5/12) Page 4 of 7 multiple customers in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions (FAR 12.3). For purposes of these services – i. 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 ii. Market prices means 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. If checking the box for “SECTION V” above, the following information must be provided: Are the services sold competitively in multiple instances to multiple customers in the commercial marketplace? Yes No If Yes, summarize your support and provide supporting documentation such as: invoices to commercial customers, commercial price lists, web offerings, etc… List attached support here: If no, are the services of a type sold in multiple instances to multiple customers in the commercial marketplace? Yes No If yes, what is the "type" of service? Summarize your support for the “type” of service and provide supporting documentation such as: invoices to commercial customers, commercial price lists, web offerings, etc… List attached support here: Are the prices quoted for specific tasks performed or specific outcomes to be achieved? Yes No Are the services offered consistent with your standard terms and conditions? Yes No Are the services of a type sold at catalog or market prices? Yes No If sold at catalog price, is the price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor that is either published or otherwise available for inspection by customers? Yes No If Yes, include a copy of the catalog or provide location where it may be accessed. If No, please describe why current catalog price is different. If sold at a market price, are the prices established in the course of ordinary trade between buyers and sellers free to bargain? Yes No If No, please explain: If sold at a market price, can the price be substantiated through competition or from sources independent of the offeror? SLC-9018 (5/12) Page 5 of 7 Yes No If Yes, please provide evidence of how the price can be substantiated. If No, please explain: SECTION VI: Any Combination of Items A. Any combination of items meeting the requirements of SECTIONS I, II, III, IV or V above that are of a type customarily combined and sold to the general public. If you have checked the box for “SECTION VI” above and are claiming the “Any Combination of Items” exemption, please attach hereto information as requested for Parts I, II, III, IV and V. List attached support not listed elsewhere here: SECTION VII: Any item, combination of items, or Service A. Any item, combination of items, or service referred to in SECTIONS I through VI above, notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of the Offeror. If you have checked the box for “SECTION VII” above and are claiming the "Any item, combination of items, or service..." exemption, please provide the following: i. A list of commercial item(s) or services that were obtained from your separate divisions or subsidiaries ii. Transfer price or cost of such items. iii. Total number of units of such items SECTION VIII: General Inquiries A. Has the item or service previously been determined to be commercial? Yes No If so, by whom? (Please list and attach any supporting documentation) B. Is there other information of which you are aware that would supplement the information provided and would help substantiate whether the item or service is commercial? Yes No If Yes, please describe such relevant information and attach any supporting documentation. SECTION IX: Supplier Determination and Assertion A. Offeror hereby represents that the foregoing information is accurate and complete and that to the best of its knowledge, information, and belief, goods and/ or services offered currently constitute "a commercial item" as defined by FAR 2.101. SLC-9018 (5/12) Page 6 of 7 Offeror: _________________________ Signed By: Date: Title: SLC-9018 (5/12) Page 7 of 7