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41 U.S.C. § 104 — Commercially available off-the-shelf item
Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “commercially available off-the-shelf item”—
(1) means an item that—
(A) is a commercial product (as described in [section 103(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103/1&num=0&edition=prelim));
(B) is sold in substantial quantities in the commercial marketplace; and
(C) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace; but
(2) does not include bulk cargo, as defined in [section 40102(4) of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102/4&num=0&edition=prelim), such as agricultural products and petroleum products.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 104
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Stable record: federal_law:legal_authorities:record_usc_daec93a6166aad553d287a6e
Source file: Laws/federal/codes/united-states-code/title-41/section-104-commercially-available-off-the-shelf-item--bccb06221c.md
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Passage SHA-256: fe170691dfdb6e9ac75fc70ce2819db0dc6c7ab737b5511efcd5041620dca6df
Source location: Title 41, Chapter 1, § 104; chapter-001-chapter-1.md
Stored source content
In this subtitle, the term “commercially available off-the-shelf item”—
(1) means an item that—
(A) is a commercial product (as described in [section 103(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103/1&num=0&edition=prelim));
(B) is sold in substantial quantities in the commercial marketplace; and
(C) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace; but
(2) does not include bulk cargo, as defined in [section 40102(4) of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102/4&num=0&edition=prelim), such as agricultural products and petroleum products.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal cause of action**
(1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers.
(2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller.
**(b) Special rules** In an action brought under this section for damages the following provisions apply:
(1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment.
(2) **Noneconomic damages**
(A) *In general* — Noneconomic damages may be awarde
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 453b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Information Assurance Program.—** The Secretary of Defense shall carry out a program, to be known as the “Defense Information Assurance Program”, to protect and defend Department of Defense information, information systems, and information networks that are critical to the Department and the armed forces during day-to-day operations and operations in times of crisis.
**(b) Objectives of the Program.—** The objectives of the program shall be to provide continuously for the availability, integrity, authentication, confidentiality, nonrepudiation, and rapid restitution of information and information systems that are essential elements of the Defense Information Infrastructure.
**(c) Program Strategy.—** In carrying out the program, the Secretary shall develop a program strategy that encompasses those actions necessary to assure the readiness, reliability, continuity, and integrity of Defense information systems, networks, and infrastructure, including through compliance with subchapter II of chapter 35 of title 44, including through compliance with subchapter III of chapter 35 of title 44. The program strategy shall include the following:
(1) A vulnerability and threat assessment of elements of the defense and supporting nondefense information infrastructures that are essential to the operations of the Department and the armed forces.
(2) Development of essential information assurances technologies and programs.
(3) Organization of the Department, the armed forces, and supporting activities to defend against information warfare.
(4) Joint activities of the Department with other departments and agencies of the Government, State and local agencies, and elements of the national information infrastructure.
(5) The conduct of exercises, war games, simulatio
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2224
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), funds may not be appropriated for the construction, acquisition, leasing, addition, extension, expansion, alteration, relocation, or operation and maintenance of family housing under the jurisdiction of the Department of Defense unless the appropriation of such funds has been authorized by law.
**(b)** In addition to the funds authorized to be appropriated by law in any fiscal year for the purposes described in subsection (a), there are authorized to be appropriated such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds appropriated for the purposes described in such subsection.
**(c)** Amounts authorized by law for construction of military family housing units include amounts for (1) site preparation (including demolition), (2) installation of utilities, (3) ancillary supporting facilities, (4) shades, screens, ranges, refrigerators, and all other equipment and fixtures installed in such units, and (5) construction supervision, inspection, and overhead.
**(d)** Amounts authorized by law for construction and acquisition of military family housing and facilities include amounts for—
(1) minor construction;
(2) improvements to existing military family housing units and facilities;
(3) relocation of military family housing units under [section 2827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2827&num=0&edition=prelim); and
(4) architectural and engineering services and construction design.
**(e)** The Secretary concerned shall provide for the installation and maintenance of an appropriate number of carbon m
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2821
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense or the Secretary of a military department may engage in basic research, applied research, advanced research, and development projects that—
(1) are necessary to the responsibilities of such Secretary’s department in the field of research and development; and
(2) either—
(A) relate to weapon systems and other military needs; or
(B) are of potential interest to the Department of Defense.
**(b) Authorized Means.—** The Secretary of Defense or the Secretary of a military department may perform research and development projects—
(1) by contract, cooperative agreement, or grant, in accordance with chapter 63 of title 31;
(2) through one or more military departments;
(3) by using employees and consultants of the Department of Defense;
(4) by mutual agreement with the head of any other department or agency of the Federal Government;
(5) by transactions (other than contracts, cooperative agreements, and grants) entered into pursuant to section 4021 or 4022 of this title; or
(6) by purchases through procurement for experimental purposes pursuant to [section 4023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4023&num=0&edition=prelim).
**(c) Requirement of Potential Department of Defense Interest.—** Funds appropriated to the Department of Defense or to a military department may not be used to finance any research project or study unless the project or study is, in the opinion of the Secretary of Defense or the Secretary of that military department, respectively, of potential interest to the Department of Defense or to such military department, respectively.
**(d) Additional Provisions Applicable to Cooperative Agreements.—** Additional authorities, conditions, and requiremen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Except as provided in subsections (b) through (m), the acquisition by the Department of Defense of the following items is prohibited:
(1) The following types of end items, or components thereof, containing a specialty metal not melted or produced in the United States: aircraft, missile and space systems, ships, tank and automotive items, weapon systems, or ammunition.
(2) A specialty metal that is not melted or produced in the United States and that is to be purchased directly by the Department of Defense or a prime contractor of the Department.
**(b) Availability Exception.—**
(1) Subsection (a) does not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that compliant specialty metal of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed at a reasonable price. For purposes of the preceding sentence, the term “compliant specialty metal” means specialty metal melted or produced in the United States.
(2) This subsection applies to prime contracts and subcontracts at any tier under such contracts.
(3) The authority in subsection (b)(1)—
(A) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
(B) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
(C) may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.
**(c) Exception for Certain Acquisitions.—** Subsection (a) does not apply to the following:
(1) Acquisitions outside the United States in support of con
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4863
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsections (c) and (e), the Secretary of Defense may not—
(1) procure any covered material melted or produced in any covered nation, or any end item that contains a covered material manufactured in any covered nation, except as provided by subsections (c) and (e); or
(2) sell any material from the National Defense Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of the United States, to—
(A) any covered nation; or
(B) any third party that the Secretary reasonably believes is acting as a broker or agent for a covered nation or an entity in a covered nation.
**(b) Applicability.—** Subsection (a) shall apply to prime contracts and subcontracts at any tier.
**(c) Exceptions.—** Subsection (a)(1) does not apply under the following circumstances:
(1) If the Secretary of Defense or the Secretary of the military department concerned—
(A) identifies a specific end item for which a specific covered material of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price; and
(B) waives subsection (a)(1) for such specific end item and such specific covered material for a period not exceeding 36 months.
(2) To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described under subsection (a)(1) by the Secretary outside of the United States in support of contingency operations or for use outside of the United States.
(3) To the purchase by the Secretary of an end item containing a covered material that is—
(A) a commercially available off-the-shelf item (as defined in [section 104 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4872
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) “administering office” means the lowest unit of an agency responsible for managing a domestic assistance program.
(2) “agency” has the same meaning given that term in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim).
(3) “assistance”—
(A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including—
(i) financial assistance;
(ii) United States Government facilities, services, and property; and
(iii) expert and technical information; and
(B) does not include conventional public information services or procurement of property or services for the direct benefit or use of the Government.
(4) “domestic assistance program”—
(A) means assistance from an agency for—
(i) a State;
(ii) the District of Columbia;
(iii) a territory or possession of the United States;
(iv) a county;
(v) a city;
(vi) a political subdivision or instrumentality of a governmental authority listed in subclauses (i)–(v) of this clause (A);
(vii) a domestic corporation;
(viii) a domestic institution; and
(ix) an individual of the United States; and
(B) does not include assistance from an agency for an agency.
(5) “Director” means the Director of the Office of Management and Budget.
(6) “Administrator” means the Administrator of General Services.
(7) “formula” means any prescribed method employing objective data or statistical estimates for making individual determinations among recipients of Federal funds, either in terms of eligibility or actual funding allocations, that can be written in the form of either—
(A) a closed mathematical statement; or
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 6101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Comprehensive Policy Required.—** The Secretary shall develop a comprehensive policy to improve outreach and transparency to individuals entitled to educational assistance under laws administered by the Secretary of Veterans Affairs through the provision of information on institutions of higher learning.
**(b) Scope.—** In developing the policy required by subsection (a), the Secretary shall include each of the following elements:
(1) Effective and efficient methods to inform individuals of the educational and vocational counseling provided under [section 3697A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3697a&num=0&edition=prelim).
(2) A centralized mechanism for tracking and publishing feedback from students and State approving agencies regarding the quality of instruction, recruiting practices, and post-graduation employment placement of institutions of higher learning that—
(A) provides institutions of higher learning—
(i) up to 30 days to review and respond to feedback from individuals described in subsection (a) and address issues regarding the feedback before the feedback is published; and
(ii) if an institution of higher learning contests the accuracy of the feedback, the opportunity to challenge the inclusion of such data with an official appointed by the Secretary;
(B) protects the privacy of students, including by not publishing the names of students;
(C) publishes only feedback, and responses from institutions of higher learning to such feedback, that conform with criteria for relevancy that the Secretary shall determine;
(D) for each institution of higher learning that is approved under this chapter, retains, maintains, and publishes all of such feedback for not less than six year
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3698
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Federal law — U.S. Code and appendices · legal_authorities
**(a) When Procedures Are To Be Used.—** To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts—
(1) not greater than the simplified acquisition threshold; and
(2) greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services.
**(b) Prohibition on Dividing Purchases.—** A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts to use the simplified acquisition procedures required by subsection (a).
**(c) Promotion of Competition Required.—** When using simplified acquisition procedures, the head of an executive agency shall promote competition to the maximum extent practicable.
**(d) Consideration of Offers Timely Received.—** The simplified acquisition procedures contained in the Federal Acquisition Regulation shall include a requirement that a contracting officer consider each responsive offer timely received from an eligible offeror.
**(e) Special Rules for Commercial Products and Commercial Services.—** The Federal Acquisition Regulation shall provide that an executive agency using special simplified procedures to purchase commercial products or commercial services—
(1) shall publish a notice in accordance with [section 1708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) and, a
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1901
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Federal law — U.S. Code and appendices · legal_authorities
Page 6
TITLE 41—PUBLIC CONTRACTS
§ 103a
(A) is of a type customarily used by the
general public or by nongovernmental enti-
ties for purposes other than governmental
purposes; and
(B) has been sold, leased, or licensed, or of-
fered for sale, lease, or license, to the gen-
eral public.
(2) A product that—
(A) evolved from a product described in
paragraph (1) through advances in tech-
nology 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 prod-
ucts, is transferred between or among separate
divisions, subsidiaries, or affiliates of a con-
tractor.
(6) A nondevelopmental item if the pro-
curing agency determines, in accordance with
conditions in the Federal Acquisition Regula-
tion, 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.)
Editorial Notes
PRIOR PROVISIONS
A prior section 103, Pub. L. 1
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 104
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.