FAR 52.210-1

Representations and Other Statements of Offerors—Commercial Item Exceptions

Streamlines representations and certifications for commercial item procurements.

Applicability: Applies to commercial item contracts and set-asides.

Key Requirements

1

Provide representations specific to commercial items only

2

Certify product is genuinely commercial (not custom-developed for government)

3

Verify terms offered are same as those in commercial market

4

Document commercial nature of offering

Common Issues & Pitfalls

Customizing commercial products extensively = loses commercial item status

Charging government more than commercial customers (violates pricing rules)

Misrepresenting custom-built items as commercial (federal crime)

Not understanding what qualifies as 'commercial'

Contractor Guidance for Your Bid

Commercial items = lower compliance burden and faster contracting. But government audits this aggressively. Your product must genuinely sell in the commercial market under the same terms. If you are customizing heavily, you lose the commercial classification.

Related FAR Clauses