Insight by: Craig Stetson, Partner
April 13, 2020
RFI Only – Commercial Item Determination Opportunity
An item discussed at the February Commercial Item Group (CIG) Industry Day conference was an expansion of the CIG’s traditional scope of services to perform commercial item determinations (CIDs) directly for selected contractors.
The CIG recently issued this RFI seeking requests from non-traditional contractors (defined as contractors that are not performing and have not performed under a fully CAS-covered DoD contract within the last 12 months) to submit their product(s) to the CIG for a potential CID.
A preliminary CID is mutually beneficial as a certain class of contractors (non-traditional defense) may now have easier and more efficient access to federal government markets and the government may have enhanced access to industry-wide technology and prototyping capabilities. Responses to this RFI are due by May 18, 2020.
The DCMA Commercial Item Group (CIG) is seeking non-traditional defense contractors who would like to have a Commercial Item Determination issued for their product. This is an excellent opportunity to submit a package identifying your product as commercial and potentially receive a Government Commercial Item Determination ahead of a Government solicitation/active acquisition requirement. Obtaining a Government Contracting Officer Commercial Item Determination (CID) ahead of need will speed up the acquisition process.
We are currently looking for items not currently being procured by the Department of Defense as commercial items. This current opportunity is only relevant for products, not services. If you are interested in obtaining a Government Contracting Officer CID, please submit a package that meets the following criteria:
– How does this product benefit the government?
– Identification of government need in near future
– Limit of no more than 3 parts per non-traditional contractor
– $2 Million or greater unit price per part, or potential extended value over TINA threshhold
– Provide future demand for DoD, if known (forecast quantity)
– Mandatory package walk-through with contractor
Item may not have been previously submitted to the DoD – Required documentation to support your assertion (see attached listing)
Your commerciality assertion package will be pre-vetted prior to acceptance based on meeting the above criteria and required documentation. The time to review your commerciality assertion may be longer than usual depending on CIG workload at time of package submittal. Normal CIG workload (DoD Customer requests) takes precedence over submittals in response to this RFI. See Submittal section below for submission instructions.
The statutory definition for commercial items is broad, therefore, Government contracting officers must exercise sound business judgment in determining whether items or services meet the commercial item definition (see FAR 2.101).
“Nontraditional defense contractor” means an entity that is not currently performing and has not performed any contract or subcontract for DoD that is subject to full coverage under the Cost Accounting Standards (CAS) prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section, for at least the 1-year period preceding the solicitation of sources by DoD for the procurement (10 U.S.C. 2302(9)).
Commercial Item Group (CIG): 10 U.S. Code § 2380 “Commercial product and commercial service determinations by Department of Defense” required the Department to: “(1) establish and maintain a centralized capability with necessary expertise and resources to provide assistance to the military departments and Defense Agencies in making commercial product and commercial service determinations, conducting market research, and performing analysis of price reasonableness for the purposes of procurements by the Department of Defense; and (2) provide to officials of the Department of Defense access to previous Department of Defense commercial product and commercial service determinations, market research, and analysis used to determine the reasonableness of price for the purposes of procurements by the Department of Defense.
The Department placed this centralized cadre of experts within the Defense Contract Management Agency (DCMA), known today as the Commercial Item Group (CIG). The DCMA CIG has six locations across the United States and its staff is comprised of Government Contracting Officers, Contract Price/Cost Analysts and Engineers.
In addition to issuing commercial item determinations and performing the requirements under 10 U.S. Code § 2380, the CIG also coordinates and serves as subject matter experts supporting the Department with management of its centralized Commercial Item Database.
For additional information on the DCMA CIG, please visit the following link: https://www.dcma.mil/commercial-item-group/
If you meet the criteria for submission, please complete the attached Industry Request Form and send your submittal package and documentation to:
Include the Notice ID# CIGSAMFY20-02 in your submittal package and the subject line of your email.
If your documentation is too large (>5MB) to send via email, submit your request form to the above email address and upload the remainder of your documentation to DoD SAFE: https://safe.apps.mil/
Please remember to include all of the required documentation and a contractor POC. If you have any questions on this RFI, or have issues uploading documentation, please send an email to the above email address.
You will receive an acknowledgement email once your submission is received and logged; if you have not received an acknowledgement email within 5 working days, please contact the CIG POC (see below).
CONTRACTING OFFICE ADDRESS (Use this address for any physical submittals)
DCMA Commercial Item Group (DCMAP-CE)
830 Central Ave, Suite 500
St Petersburg, FL 33701
THIS IS A REQUEST FOR INFORMATION (RFI) ONLY. This RFI is issued solely for information and planning purposes; it does not constitute an Invitation for Bid (IFB), a Request for Proposal (RFP), or a Request for Quote (RFQ). This RFI does not commit the Government to contract for any supply or service whatsoever. The Government WILL NOT PAY for any information received in response to this RFI, and the Government will not compensate the respondent for any cost incurred in developing the response to this RFI. Respondents are notified that a formal solicitation may not necessarily result from this RFI. Availability of any formal solicitation may be announced under a separate Federal Business Opportunities announcement. Any requests for copies of solicitations will not be addressed since this is an RFI, not an RFP. Not responding to this RFI does not preclude participation in any future RFP. Any comments provided may or may not be included in a formal solicitation. Please NO proprietary, classified, confidential, or sensitive information should be included in your response to this Sources Sought Notice unless contractor deems absolutely necessary; then, it should follow FAR 52.215-1(e) restriction on disclosure and use of data. The Government will not release any information marked with a proprietary legend received in response to this RFI to any firms, agencies or individuals outside the Government without written permission in accordance with the legend. Please be advised that all submissions become Government property and will not be returned.