2/25/2013 - L-3 Communications

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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
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