Attachment A Long

EIT Commercial Non-Availability Certification

(06/04/01)

To be completed by the Requiring Official (Purchase Requestor) for purchase requests involving Electronic and Information Technology (EIT)

The following quote from FAR subpart 2.101 defines items that are commercial:

"Commercial item" means-

(a) Any item, other than real property, that is of a type customarily used for nongovernmental purposes and that-

(1) Has been sold, leased, or licensed to the general public; or

(2) Has been offered for sale, lease, or license to the general public;

(b) Any item that evolved from an item described in paragraph (a) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;

(c) Any item that would satisfy a criterion expressed in paragraphs (a) or (b) of this definition, but for-

(1) Modifications of a type customarily available in the commercial marketplace; or

(2) 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;

(d) Any combination of items meeting the requirements of paragraphs (a), (b), (c), or (e) of this definition that are of a type customarily combined and sold in combination to the general public;

(e) Installation services, maintenance services, repair services, training services, and other services if such services are procured for support of an item referred to in paragraphs (a), (b), (c), or (d) of this definition, and if the source of such services-

(1) Offers such services to the general public and the Federal Government contemporaneously and under similar terms and conditions; and

(2) Offers to use the same work force for providing the Federal Government with such services as the source uses for providing such services to the general public;

(f) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed under standard commercial terms and conditions. This does not include services that are sold based on hourly rates without an established catalog or market price for a specific service performed;

(g) Any item, combination of items, or service referred to in paragraphs (a) through (f), notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or

(h) A non developmental item, if the procuring agency determines the item was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments."

Answer the questions below as fully as possible, and follow directions as stated. Refer to the attached "Addendum, Section 508 Definitions and Technical Standards" as necessary.

• What were your findings regarding the non-availability of compliant commercial items? What applicable technical standards (reference addendum) of Section 508 will not be met by each product to be acquired?
 
• What was the methodology or process by which you ascertained the nonavailability of compliant commercial items?
 
• What sources did you use to investigate the availability of compliant commercial items (e.g., other federal agencies; contacts with industry trade associations; accessible product organizations such as IRS Information Resources Accessibility Program (IRAP) and GSA's Center for IT Accommodation; GSA's FSS; IRS' Disabled Employees Support Acquisitions Contract (DESAC II); Internet market research; industry consultation; Request for Information (RFI) in Federal Business Opportunities (FedBizOpps, or FBO))?

I have determined and hereby certify that the product(s) that I require to have procured is not now available in a compliant version in the commercial marketplace, nor expected to become available in a compliant version in time to satisfy agency delivery requirements.

______________________________________________________________________________

Signature Printed Name Date Phone Number

( ) Approved ( ) Concur:

______________________________ ______________________

Operating Unit Chief Information/Finance Officer Date

Approved*:

______________________________ _______________________

Chief Information/Finance Officer Date

Department of Commerce

*DOC CIO/CFO Approval required for NWS/NESDIS Acquisitions >$10,000,000 and

NOS/NMFS/OAR/OMAO/OFA Acquisitions >$2,500,000

Attach this document to the "Section 508 Determination and Findings for Purchase Requests" form and affix both to your procurement request.