41 U.S.C. § 104 : Public Contracts — Federal Procurement Policy — Definitions — Subtitle Definitions — General — 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 item (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 marketplace; 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.)

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).


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