Sec. 831. Revision of definition of commercial item for purposes of Federal acquisition statutes

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chapter 1 of title 41, United States Code commercial item definition into definitions of commercial product and commercial service Chapter 1 of title 41, United States Code, is amended by striking section 103 and inserting the following new sections: In this subtitle, the term commercial product means any of the following: A product, other than real property, that— is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. A product that— evolved from a product described in paragraph

(1)through advances in technology or performance; and 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. A product that would satisfy the criteria in paragraph

(1)or

(2)were it not for— modifications of a type customarily available in the commercial marketplace; or minor modifications made to meet Federal Government requirements. 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. 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. A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that— the product was developed exclusively at private expense; and has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments. In this subtitle, the term commercial service means any of the following: Installation services, maintenance services, repair services, training services, and other services if— 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 commercial product; and 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; Services of a type 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. 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. . Section 102 of such title is amended by striking commercial item and inserting commercial product . Section 104(1)(A) is amended by striking commercial item and inserting commercial product . Section 110(1) of such title is amended by striking commercial item and inserting commercial product . The table of sections at the beginning of chapter 1 of title 41, United States Code, is amended by striking the item relating to section 103 and inserting the following new items: 103. Commercial product. 103a. Commercial service. . Title 41, United States Code, is further amended as follows: Section 1502(b) is amended— in paragraph (1)(A), by striking commercial items and inserting commercial products or commercial services ; in paragraph (1)(C)(i), by striking commercial item and inserting commercial product or commercial service ; and in paragraph (3)(A)(i), by striking commercial items and inserting commercial products or commercial services . Section 1705(c) is amended by striking commercial items and inserting commercial products and commercial services . Section 1708 is amended by striking commercial items in subsections (c)(6) and (e)(3) and inserting commercial products or commercial services . Section 1901 is amended— in subsection (a)(2), by striking commercial items and inserting commercial products or commercial services ; and in subsection (e)— by striking in the subsection heading and inserting Commercial Items ; and Commercial Products and Commercial Services by striking commercial items and inserting commercial products or commercial services . Section 1903(c) is amended— in the subsection heading, by striking and inserting Commercial Item ; Commercial Product or Commercial Service in paragraph (1), by striking as a commercial item and inserting as a commercial product or a commercial service ; and in paragraph (2), by striking for an item or service treated as a commercial item and inserting for a product or service treated as a commercial product or a commercial service . Section 1906 is amended by striking commercial items each place it appears in subsections (b), (c), and

(d)and inserting commercial products or commercial services . The heading of such section is amended to read as follows: . The table of sections at the beginning of chapter 19 is amended by striking the item relating to section 1906 and inserting the following new item: 1906. List of laws inapplicable to procurements of commercial products and commercial services. . Section 3304 is amended by striking commercial item in subsections (a)(5) and (e)(4)(B) and inserting commercial product . Section 3305(a)(2) is amended by striking commercial items and inserting commercial products or commercial services . Section 3306(b) is amended by striking commercial items and inserting commercial products or commercial services . Section 3307 is amended— in subsection (a)— by striking in the subsection heading and inserting Commercial Items ; Commercial Products and Commercial Services in paragraph (1), by striking commercial items and inserting commercial products and commercial services ; and in paragraph (2), by striking a commercial item and inserting a commercial product or commercial service ; in subsection (b)— in paragraph (2), by striking commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items and inserting commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products ; and in paragraph (3), by striking commercial items and nondevelopmental items other than commercial items and inserting commercial services, commercial products, and nondevelopmental items other than commercial products ; in subsection (c)— in paragraphs

(1)and (2), by striking commercial items or nondevelopmental items other than commercial items and inserting commercial services or commercial products or nondevelopmental items other than commercial products ; in paragraphs

(3)and (4), by striking commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items and inserting commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products ; and in paragraphs

(5)and (6), by striking commercial items and inserting commercial products and commercial services ; in subsection (d)(2), by striking commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items and inserting commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products ; and in subsection (e)— in paragraph (1), by inserting 103a, 104, after sections 102, 103, ; in paragraph (2)(A), by striking commercial items and inserting commercial products or commercial services ; in the first sentence of paragraph (2)(B), by striking commercial end items and inserting end items that are commercial products ; in paragraphs (2)(B)(i), (2)(C)(i) and (2)(D), by striking commercial items or commercial components and inserting commercial products, commercial components, or commercial services ; in paragraph (2)(C), in the matter preceding clause (i), by striking commercial items and inserting commercial products or commercial services ; in paragraph (4)(A), by striking commercial items and inserting commercial products or commercial services ; in paragraph (4)(C)(i), by striking commercial item, as described in section 103(5) and inserting commercial product, as described in section 103a(1) ; and in paragraph (5), by striking items each place it appears and inserting products . The heading of such section is amended to read as follows: . The table of sections at the beginning of chapter 33 is amended by striking the item relating to section 3307 and inserting the following new item: 3307. Preference for commercial products and commercial services. . Section 3501 is amended— in subsection (a)— by striking paragraph (1); by redesignating paragraphs

(2)and

(3)as paragraphs

(1)and (2), respectively; and in paragraph

(2)(as so redesignated), by striking commercial items and inserting commercial products or commercial services ; and in subsection (b)— by striking in the heading for paragraph (1); and item by striking commercial items in paragraphs

(1)and (2)(A) and inserting commercial services . Section 3503 is amended— in subsection (a)(2), by striking a commercial item and inserting a commercial product or a commercial service ; and in subsection (b)— by striking in the subsection heading and inserting Commercial Items ; and Commercial Products or Commercial Services by striking a commercial item each place it appears and inserting a commercial product or a commercial service . Section 3505(b) is amended by striking commercial items each place it appears and inserting commercial products or commercial services . Section 3509(b) is amended by striking commercial items and inserting commercial products or commercial services . Section 3704(c)(5) is amended by striking commercial item and inserting commercial product . Section 3901(b)(3) is amended by striking commercial items and inserting commercial products or commercial services . Section 4301(2) is amended by striking commercial items and inserting commercial products or commercial services . Section 4505 is amended by striking commercial items in subsections

(a)and

(c)and inserting commercial products or commercial services . The heading of such section is amended to read as follows: . The table of sections at the beginning of chapter 45 is amended by striking the item relating to section 4505 and inserting the following new item: 4505. Payments for commercial products and commercial services. . Section 4704(d) is amended by striking commercial items both places it appears and inserting commercial products or commercial services . Sections 8102(a)(1), 8703(d)(2), and 8704(b) are amended by striking commercial items (as defined in section 103 of this title) and inserting commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title) . chapter 137 of title 10, united states code Chapter 137 of title 10, United States Code, is amended as follows: Section 2302(3) is amended— by redesignating subparagraphs (J), (K), and

(L)as subparagraphs (K), (L), and (M); and by striking subparagraph

(I)and inserting the following new subparagraphs

(I)and (J): The term commercial product . The term commercial service . . Section 2304 is amended— in subsections (c)(5) and (f)(2)(B), by striking brand-name commercial item and inserting brand-name commercial product ; in subsection (g)(1)(B), by striking commercial items and inserting commercial products or commercial services ; and in subsection (i)(3), by striking commercial items and inserting commercial products . Section 2305 is amended— in subsection (a)(2), by striking commercial items and inserting commercial products or commercial services ; and in subsection (b)(5)(B)(v), by striking commercial item and inserting commercial product . Section 2306(b) is amended by striking commercial items and inserting commercial products or commercial services . Section 2306a is amended— in subsection (b)— in paragraph (1)(B), by striking a commercial item and inserting a commercial product or a commercial service ; in paragraph (2)— by striking in the paragraph heading and inserting Commercial items ; and Commercial products or commercial services by striking commercial item each place it appears and inserting commercial product or commercial services ; in paragraph (3)— by striking in the paragraph heading and inserting Commercial items ; and Commercial products by striking item each place it appears and inserting product ; and in paragraph (4)— by striking in the paragraph heading and inserting Commercial item ; Commercial product or commercial service by striking commercial item in subparagraph

(A)after applying the ; by striking prior commercial item determination in subparagraph

(A)and inserting prior commercial product or commercial service determination ; by striking of such item in subparagraph

(A)and inserting of such product or service ; by striking of an item previously determined to be a commercial item in subparagraph

(B)and inserting of a product or service previously determined to be a commercial product or a commercial service ; by striking of a commercial item, in subparagraph

(B)and inserting of a commercial product or a commercial service, as the case may be, ; by striking the commercial item determination in subparagraph

(B)and inserting the commercial product or commercial service determination ; and by striking commercial item in subparagraph (C); and in paragraph (5), by striking commercial items and inserting commercial products or commercial services ; in subsection (d)(2), by striking commercial items each place it appears and inserting commercial products or commercial services ; and in subsection (h)— in paragraph (2), by striking commercial items and inserting commercial products or commercial services ; and by striking paragraph (3). Section 2307(f) is amended— by striking in the subsection heading and inserting Commercial Items ; and Commercial Products and Commercial Services by striking commercial items in paragraphs

(1)and

(2)and inserting commercial products and commercial services . Section 2320(b) is amended— in paragraph (1), by striking a commercial item, the item and inserting a commercial product, the product ; and in paragraph (9)(A), by striking any noncommercial item or process and inserting any noncommercial product or process . Section 2321(f) is amended— in paragraph (1)— by striking commercial items and inserting commercial products ; and by striking the item both places it appears and inserting commercial products ; and in paragraph (2)(A), in clauses

(i)and (ii), by striking commercial item and inserting commercial product . Section 2324(l)(1)(A) is amended by striking commercial items and inserting commercial products or commercial services . Section 2335(b) is amended by striking commercial items and inserting commercial products and commercial services . chapter 140 of title 10, united states code Chapter 140 of title 10, United States Code, is amended as follows: Section 2375 is amended— in subsection (a), by striking commercial item in paragraphs

(1)and

(2)and inserting commercial product or commercial service ; in subsections

(b)and (c)— by striking in the subsection heading and inserting Commercial Items ; and Commercial Products and Commercial Services by striking commercial items each place it appears and inserting commercial products and commercial services ; and in subsection (e)(3), by striking commercial items and inserting commercial products and commercial services . Section 2376(1) is amended— by striking terms and inserting commercial item , terms ; and commercial product , commercial service , by striking chapter 1 of title 41 and inserting sections 103, 103a, 110, 105, and 102, respectively, of title 41 . Section 2377 is amended— in subsection (a)— in paragraph (2), by striking commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items and inserting commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products ; and in paragraph (3), by striking commercial items and nondevelopmental items other than commercial items and inserting commercial services, commercial products, and nondevelopmental items other than commercial products ; in subsection (b)— in paragraphs

(1)and (2), by striking commercial items or nondevelopmental items other than commercial items and inserting commercial services, commercial products, or nondevelopmental items other than commercial products ; in paragraphs

(3)and (4), by striking commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items and inserting commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products ; and in paragraphs

(5)and (6), by striking commercial items and inserting commercial products and commercial services ; in subsection (c)— in paragraph (2), by striking commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items and inserting commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products ; and in paragraph (4), by striking items other than commercial items and inserting products other than commercial products or services other than commercial services ; in subsection (d)— in the first sentence, by striking commercial items and inserting commercial products or commercial services ; in paragraph (1), by striking items and inserting products or services ; and in paragraph (2), by striking items and inserting products or services ; and in subsection (e)(1), by striking commercial items and inserting commercial products and commercial services . Section 2379 is amended— by striking in the headings of subsections

(b)and

(c)and inserting Commercial Items ; Commercial Products in subsections (a)(1)(A), (b)(2), and (c)(1)(B), by striking , as defined in section 103 of title 41 ; and by striking commercial item and commercial items each place they appear and inserting commercial product and commercial products , respectively. Section 2380 is amended— in subsection (a), by striking commercial item determinations in paragraphs

(1)and

(2)and inserting commercial product and commercial service determinations ; and in subsection

(b)(as added by section 848 of the National Defense Authorization Act for Fiscal Year 2018)— by striking in the subsection heading; Item by striking an item each place it appears and inserting a product or service ; by striking item after using commercial each place it appears; by striking prior commercial item determination and inserting prior commercial product or service determination ; by striking such item and inserting such product or service ; and by striking the item both places it appears and inserting the product or service . Section 2380a is amended— in subsection (a)— by striking items and and inserting products and ; and by striking commercial items and inserting commercial products and commercial services, respectively, ; and in subsection (b), by striking commercial items and inserting commercial services . Section 2380B is amended by striking commercial item and inserting commercial product . The heading of such chapter is amended to read as follows: . The heading of section 2375 is amended to read as follows: . The heading of section 2377 is amended to read as follows: . The heading of section 2379 is amended to read as follows: . The heading of section 2380 is amended to read as follows: . The heading of section 2380a is amended to read as follows: . Section 2380B is redesignated as section 2380b and the heading of that section is amended to read as follows: . The table of sections at the beginning of such chapter is amended to read as follows: 2375. Relationship of other provisions of law to procurement of commercial products and commercial services. 2376. Definitions. 2377. Preference for commercial products and commercial services. 2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress. 2380. Commercial product and commercial service determinations by Department of Defense. 2380a. Treatment of certain products and services as commercial products and commercial services. 2380b. Treatment of commingled items purchased by contractors as commercial products. . Title 10, United States Code, is further amended as follows: Section 2226(b) is amended by striking for services and all that follows through deliverable items and inserting for services or deliverable items . Section 2384(b)(2) is amended by striking commercial items and inserting commercial products . Section 2393(d) is amended by striking commercial items (as defined in section 103 of title 41) and inserting commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41) . Section 2402(d) is amended— in paragraph (1), by striking commercial items both places it appears and inserting commercial products or commercial services ; and in paragraph (2), by striking the term and all that follows and inserting the terms . commercial product and commercial service have the meanings given those terms in sections 103 and 103a, respectively, of title 41. Section 2408(a)(4)(B) is amended by striking commercial items (as defined in section 103 of title 41) and inserting commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41) . Section 2410b(c) is amended by striking commercial items and inserting commercial products . Section 2410g(d)(1) is amended by striking Commercial items (as defined in section 103 of title 41) and inserting Commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41) . Section 2447a is amended— in subsection (a)(2), by striking commercial items and technologies and inserting commercial products and technologies ; and in subsection (c), by inserting before the period at the end the following: and the term . commercial product has the meaning given that term in section 103 of title 41 Section 2451(d) is amended by striking commercial items and inserting commercial products (as defined in section 103 of title 41) . Section 2464 is amended— in subsection (a)— in paragraph (3), by striking commercial items and inserting commercial products or commercial services ; and in paragraph (5), by striking The commercial items covered by paragraph

(3)are commercial items and inserting The commercial products or commercial services covered by paragraph

(3)are commercial products (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title) ; and in subsection (c)— by striking in the subsection heading and inserting Commercial Items ; and Commercial Products or Commercial Services by striking commercial item and inserting commercial product or commercial service . Section 2484(f) is amended— by striking in the subsection heading and inserting Commercial Items ; and Commercial products by striking commercial item and inserting commercial product . The items relating to chapter 140 in the tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, are amended to read as follows: 140. Procurement of Commercial Products and Commercial Services 2377 . Section 806(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 ( Public Law 102–190 ; 10 U.S.C. 2302 note) is amended by striking commercial items (as defined in section 103 of title 41, United States Code) and inserting commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41, United States Code) . Section 821(e) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 10 U.S.C. 2302 note) is amended— by striking paragraph (2); and by redesignating paragraph

(3)as paragraph (2). Section 821(b) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 2304 note) is amended— in paragraph (1), by striking a commercial item and inserting a commercial product or a commercial service ; in paragraph (2), by striking commercial item and inserting commercial product ; and by adding at the end the following new paragraph: The term commercial service has the meaning provided by section 103a of title 41, United States Code. . Section 817(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 10 U.S.C. 2306a note) is amended— in paragraph (1), by striking commercial item exceptions and inserting commercial product-commercial service exceptions ; and in paragraph (2), by striking commercial item exception and inserting commercial product-commercial service exception ; Section 852(b)(2)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 10 U.S.C. 2324 note) is amended by striking a commercial item, as defined in section 103 of title 41 and inserting a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41 . Section 805 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 2330 note) is amended— in subsection (b), by striking commercial items in paragraphs

(1)and (2)(A) and inserting commercial services ; and in subsection (c)— by striking in the headings for paragraphs

(1)and

(2)and inserting item ; services in the matter in paragraph

(1)preceding subparagraph (A), by striking commercial item and inserting commercial service ; in paragraph (1)(A), by striking a commercial item, as described in section 103(5) of title 41 and inserting a service, as described in section 103a(1) of title 41 ; in paragraph (1)(C)(i), by striking section 103(6) of title 41 and inserting section 103a(2) of title 41 ; and in paragraph (2), by striking item and inserting service . Section 849(d) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2377 note) is amended— by striking commercial items in paragraph

(1)and inserting commercial products ; by striking commercial item in paragraph (3)(B)(i) and inserting commercial product ; and by adding at the end the following new paragraph: In this subsection, the term commercial product has the meaning given that term in section 103 of title 41. . Section 856(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2377 note) is amended by striking commercial items or services and inserting a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41, . Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note) is amended— in the section heading, by striking and inserting Commercial items ; Commercial products in subsection (a), by striking commercial items and inserting commercial products ; in subsection (c)(3)— by striking in the paragraph heading and inserting Commercial items ; and Commercial products or commercial services by striking commercial items and inserting commercial products or commercial services ; and in subsection (e)(2), by striking item in subparagraphs

(A)and

(B)and inserting products . Section 880 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 41 U.S.C. 3301 note) is amended by striking commercial items in subsection (a)(1) and inserting commercial products . Section 604(g) of the American Recovery and Reinvestment Act of 2009 ( 6 U.S.C. 453b(g) ) is amended— by striking in the subsection heading and inserting Commercial Items ; Commercial Products by striking procurement of commercial in the first sentence and all that follows through items listed and inserting procurement of commercial products notwithstanding section 1906 of title 41, United States Code, with the exception of commercial products listed ; and in the second sentence— by inserting product after commercial ; and by striking in the and all that follows and inserting in section 103 of title 41, United States Code. . Section 142 of the Higher Education Act of 1965 ( 20 U.S.C. 1018a ) is amended— in subsection (e)— by striking in the subsection heading and inserting Commercial Items ; Commercial Products and Commercial Services by striking that commercial items and inserting that commercial products or commercial services ; by striking special rules for commercial items and inserting special rules for commercial products and commercial services ; by striking without regard to— and all that follows through dollar limitation and inserting without regard to any dollar limitation ; by striking ; and and inserting a period; and by striking paragraph (2); in subsection (f)— by striking in the subsection heading and inserting Items ; Products and Services by striking in the heading of paragraph

(2)and inserting Items ; and Products and services by striking a commercial item in paragraph

(2)and inserting a commercial product or a commercial service ; in subsection (h)— by striking in the subsection heading and inserting Items ; and Services by striking commercial items in paragraph

(1)and inserting commercial services ; and in subsection (l)— by redesignating paragraphs (2), (3), (4), and

(5)as paragraphs (3), (4), (5), and (6), respectively; by striking paragraph

(1)and inserting the following new paragraphs: The term commercial product has the meaning given the term in section 103 of title 41, United States Code. The term commercial service has the meaning given the term in section 103a of title 41, United States Code. ; in paragraph (3), as so redesignated, by striking in section and all that follows and inserting in section 152 of title 41, United States Code. ; in paragraph (5), as so redesignated— by striking in the paragraph heading and inserting Commercial items ; Commercial products and commercial services by striking commercial items and inserting commercial products and commercial services ; and by striking pursuant to and all that follows and inserting pursuant to sections 1901 and 3305(a) of title 41, United States Code. ; and in paragraph (6), as so redesignated, by striking pursuant to and all that follows and inserting pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41, United States Code. . Section 3901(a)(4)(A)(ii)(II) of title 31, United States Code, is amended by striking commercial item and inserting commercial product . Section 2455(c)(1) of the Federal Acquisition Streamlining Act of 1994 ( 31 U.S.C. 6101 note) is amended by striking commercial items and inserting commercial products . Section 508(f) of the Federal Water Pollution Control Act ( 33 U.S.C. 1368(f) ) is amended— in paragraph (1), by striking commercial items and inserting commercial products or commercial services ; and in paragraph (2), by striking the term and all that follows and inserting the terms . commercial product and commercial service have the meanings given those terms in sections 103 and 103a, respectively, of title 41, United States Code. Section 3707 of title 40, United States Code, is amended by striking a commercial item (as defined in section 103 of title 41) and inserting a commercial product (as defined in section 103 of title 41) or a commercial service (as defined in section 103a of title 41) . Subtitle III of title 40, United States Code, is amended— in section 11101(1), by striking and inserting Commercial item .—The term commercial item has ; and Commercial product .—The term commercial product has in section 11314(a)(3), by striking items each place it appears and inserting products . Section 8301(g) of the Federal Acquisition Streamlining Act of 1994 ( 42 U.S.C. 7606 note) is amended by striking commercial items and inserting commercial products or commercial services . Section 40118(f) of title 49, United States Code, is amended— in paragraph (1), by striking commercial items and inserting commercial products ; and in paragraph (2), by striking commercial item and inserting commercial product . Chapter 501 of title 51, United States Code, is amended— in section 50113(c)— by striking in the subsection heading and inserting Commercial Item ; and Commercial Product or Commercial Service by striking commercial item in the second sentence and inserting commercial product or commercial service ; and in section 50115(b)— by striking in the subsection heading and inserting Commercial Item ; and Commercial Product or Commercial Service by striking commercial item in the second sentence and inserting commercial product or commercial service ; and in section 50132(a)— by striking in the subsection heading and inserting Commercial Item ; and Commercial Service by striking commercial item in the second sentence and inserting commercial service . Any provision of law that on the day before the effective date of this section is on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1907 of title 41, United States Code, shall be deemed as of that effective date to be on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1906 of such title.

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