2011 US Code
Title 41 - Public Contracts
Subtitle I - Federal Procurement Policy (§§ 101 - 4711)
Division A - General (§§ 101 - 153)
Chapter 1 - DEFINITIONS (§§ 101 - 153)
Subchapter I - SUBTITLE DEFINITIONS (§§ 101 - 116)
Section 103 - Commercial item
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 41 - PUBLIC CONTRACTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 41 - PUBLIC CONTRACTS Subtitle I - Federal Procurement Policy Division A - General CHAPTER 1 - DEFINITIONS SUBCHAPTER I - SUBTITLE DEFINITIONS Sec. 103 - Commercial item |
Contains | section 103 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3679. |
Statutes at Large References | 98 Stat. 1180, 3086 108 Stat. 3299, 3385, 3394 110 Stat. 655 113 Stat. 705 117 Stat. 1673 124 Stat. 3679 |
Public Law References | Public Law 93-400, Public Law 98-369, Public Law 98-577, Public Law 103-355, Public Law 104-106, Public Law 106-65, Public Law 108-136, Public Law 111-350 |
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In this subtitle, the term “commercial item” means—
(1) an item, 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) an item that—
(A) evolved from an item 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) an item 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 items meeting the requirements of paragraph (1), (2), (3), or (5) that are of a type customarily combined and sold in combination to the general public;
(5) installation services, maintenance services, repair services, training services, and other services if—
(A) those services are procured for support of an item referred to in paragraph (1), (2), (3), or (4), regardless of whether the services are provided by the same source or at the same time as the item; 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 Government;
(6) services offered and sold competitively, in substantial quantities, in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions;
(7) any item, combination of items, or service referred to in paragraphs (1) to (6) even though the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or
(8) a nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that the item was developed exclusively at private expense and has been sold in substantial quantities, on a competitive basis, to multiple State and local governments.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3679.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103 | 41:259(c)(11). | June 30, 1949, ch. 288, title III, §309(c)(11), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:264a (“commercial item”). | June 30, 1949, ch. 288, title III, §314A (“commercial item”), as added Pub. L. 103–355, title VIII, §8202, Oct. 13, 1994, 108 Stat. 3394. | |
41:403(12). | Pub. L. 93–400, §4(12), as added Pub. L. 103–355, title VIII, §8001(a), Oct. 13, 1994, 108 Stat. 3385; Pub. L. 104–106, title XLII, §4204, Feb. 10, 1996, 110 Stat. 655; Pub. L. 106–65, title VIII, §805, Oct. 5, 1999, 113 Stat. 705; Pub. L. 108–136, title XIV, §1433, Nov. 24, 2003, 117 Stat. 1673. |
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