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<br />032118 <br /> <br />Federal Government <br />(6) Services of a type offered and sold competitively in substantial quantities in the <br />commercial marketplace based on established catalog or market prices for specific tasks <br />performed under standard commercial terms and conditions. This does not include <br />services that are sold based on hourly rates without an established catalog or market price <br />for a specific service performed. For purposes of these services- <br />(i) "Catalog price" means a price included in a catalog, price list, schedule, or <br />other form that is regularly maintained by the manufacturer or vendor, is either <br />published or otherwise available for inspection by customers, and states prices at <br />which sales are currently, or were last, made to a significant number of buyers <br />constituting the general public; and <br />(ii) "Market prices" means current prices that are established in the course of <br />ordinary trade between buyers and sellers free to bargain and that can be <br />substantiated through competition or from sources independent of the offerors. <br />(7) Any item, combination of items, or service referred to in paragraphs (c)(l) through <br />(c)( 6), notwithstanding the fact that the item, combination of items, or service is <br />transferred between or among separate divisions, subsidiaries, or affiliates of a <br />Contractor; or <br />(8) A nondevelopmental item, if the procuring agency determines the item was developed <br />exclusively at private expense and sold in substantial quantities, on a competitive basis, to <br />multiple State and local Governments. <br />(d) "Component" means any item supplied to the Government as part of an end item or of <br />another component, except that for use in 52.225-9, and 52.225-11 see the definitions in 52.225- ( <br />9(a) and 52.225-1 I (a). <br />(e) "Contracting Officer" means a person with the authority to enter into, administer, and/or <br />terminate contracts and make related determinations and findings. The term includes certain <br />authorized representatives of the Contracting Officer acting within the limits of their authority as <br />delegated by the Contracting Officer. <br />(f) "Nondevelopmental item" means- <br />(1) Any previously developed item of supply used exclusively for governmental purposes <br />by a Federal agency, a State or local government, or a foreign government with which the <br />United States has a mutual defense cooperation agreement; <br />(2) Any item described in paragraph (f)(l) of this definition that requires only minor <br />modification or. modifications of a type customarily available in the cornmercial <br />marketplace in order to meet the requirements of the procuring department or agency; or <br />(3) Any item of supply being produced that does not meet the requirements of paragraph <br />(f)(l) or (f)(2) solely because the item is not yet in use. <br /> <br />34 <br />