41 U.S.C. § 103a — Commercial service

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. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3679; Pub. L. 115–91, div. A, title VIII, § 847(a), Dec. 12, 2017, 131 Stat. 1487, defined term ‘‘commercial item’’, prior to repeal by Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1859, effective Jan. 1, 2020. See Effective Date note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective, and repeal of former section 103 ef- fective, on Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effec- tive Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security. § 103a. Commercial service In this subtitle, the term ‘‘commercial serv- ice’’ means any of the following: (1) Installation services, maintenance serv- ices, repair services, training services, and other services if— (A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the com- mercial product; and (B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Gov- ernment; (2) Services of a type offered and sold com- petitively, in substantial quantities, in the commercial marketplace— (A) based on established catalog or market prices; (B) for specific tasks performed or specific outcomes to be achieved; and (C) under standard commercial terms and conditions. (3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. (Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1860.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 2020, subject to a savings pro- vision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provi- sion note under section 453b of Title 6, Domestic Secu- rity. § 104. Commercially available off-the-shelf item 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); (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 market- place; but (2) does not include bulk cargo, as defined in section 40102(4) of title 46, such as agricultural products and petroleum products. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3679; Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(B), Aug. 13, 2018, 132 Stat. 1860; Pub. L. 116–283, div. A, title X, § 1081(d)(4)(A), Jan. 1, 2021, 134 Stat. 3874.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 104 ............. 41:431(c). Pub. L. 93–400, § 35(c), as added Pub. L. 104–106, title XLII, § 4203(a), Feb. 10, 1996, 110 Stat. 655. In paragraph (2), the words ‘‘section 40102(4) of title 46’’ are substituted for ‘‘section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’ because of section 18(c) of Public Law 109–304 (46 U.S.C. note prec. 101).