41 USC 103 - Commercial product

U.S Code last checked for updates: Apr 26, 2024

§ 103.

Commercial product

In this subtitle, the term “commercial product” means any of the following:

(1)

A product, other than real property, that—

(A)

is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and

(B)

has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.

(2)

A product that—

(A)

evolved from a product described in paragraph (1) through advances in technology or performance; and

(B)

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 Federal Government solicitation.

(3)

A product that would satisfy the criteria in paragraph (1) or (2) were it not for—

(A)

modifications of a type customarily available in the commercial marketplace; or

(B)

minor modifications made to meet Federal Government requirements.

(4)

Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.

(5)

A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.

(6)

A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—

(A)

the product was developed exclusively at private expense; and

(B)

has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.

(Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1859.)

cite as: 41 USC 103