§ 103. Commercial product

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 836(a)(1) · 132 Stat. 1636

   Enacted · 41 U.S.C. § 103

   (Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1859.)

   Source evidence

   Code source credit
   (Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1859.)

   Enacted provision · exact public law section
   (1) Separation of “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: “§ 103. Commercial product   “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. “§ 103a. Commercial service   “In this subtitle, the term ‘commercial service’ means any of the following: “(1) Installation services, maintenance services, 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 commercial 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 Government; “(2) Services of a type offered and sold competitively, 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.” .

1 of 1 references resolved to an enrolled provision