§ 103. Commercial product
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/usc/title-41/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.)
Connections86 cite this · traces to 3
Cited by 86 sections · top 47
public-private-law
U.S. Code
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- § 453bRequirement to buy certain items related to national security interests from American sources; exceptions
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- § 3453Preference for commercial products and commercial services
- § 1018aProcurement flexibility
- § 40110General procurement authority
- § 2464Core logistics capabilities
- § 104Commercially available off-the-shelf item
- § 8102Drug-free workplace requirements for Federal contractors
- § 3703Exceptions
- § 4655Prohibition of contractors limiting subcontractor sales directly to the United States
- § 3603Software acquisition pathways
- § 2451Defense supply management
- § 4421Weapon system component or technology prototype projects: display of budget information
- § 4654Prohibition against doing business with certain offerors or contractors
- § 3287Wartime suspension of limitations
- § 4656Prohibition on persons convicted of defense-contract related felonies and related criminal penalty on defense contractors
- § 1707Cadre of intellectual property experts
- § 8703Contractor responsibilities
- § 3845Contractor inventory accounting systems: standards
- § 4603Advance notification of contract performance outside the United States
- § 4753Supplies: identification of supplier and sources
- § 4602Contracted property and services: prompt payment of vouchers
- § 8704Inspection authority
- § 443War contracts
- § 3707Contractor certification or contract clause in acquisition of commercial items not required
register
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- NoticesSemiannual regulatory agenda
- Rules and RegulationsFinal rule
- NoticesSemiannual regulatory agenda
- NoticesSemiannual regulatory agenda
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- NoticesSemiannual regulatory agenda
- Rules and RegulationsProposed rule
- Rules and RegulationsProposed rule
- Proposed RulesProposed rule
statute-compilations
statutes-at-large
- Public Law 115–232To authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 115–91To authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
Traces to 3 documents
4 references not yet in our index
- 132 Stat. 1859
- Pub. L. 111–350, § 3
- 124 Stat. 3679
- 131 Stat. 1487
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§ 103
Commercial product
U.S.C.×49
Fed. Reg.×31
Pub. L.×2
Stat. Comp.×2
Stat.×2
Stat.132 Stat. 1859
Pub. L.Pub. L. 111–350, § 3
Stat.124 Stat. 3679
Stat.131 Stat. 1487
Cites 7Cited by 86 across 5 sources