41 U.S.C. § 104 — Commercially available off-the-shelf item

FEDERAL · 41 U.S.C. · Chapter SUBCHAPTER I—SUBTITLE DEFINITIONS

Commercially available off-the-shelf item

41 U.S.C. § 104

ChapterSUBCHAPTER I—SUBTITLE DEFINITIONS

This text of 41 U.S.C. § 104 (Commercially available off-the-shelf item) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

41 U.S.C. § 104.

Text

In this subtitle, the term "commercially available off-the-shelf item"—

(1)means an item that—

(A)is a commercial product (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.

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In this subtitle, the term "commercially available off-the-shelf item"—
(1) means an item that—
(A) is a commercial product (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.

Source Credit

History

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3679; Pub. L. 115–232, div. A, title VIII, §836(a)(2)(B), Aug. 13, 2018, 132 Stat. 1860; Pub. L. 116–283, div. A, title X, §1081(d)(4)(A), Jan. 1, 2021, 134 Stat. 3874.)

Editorial Notes

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).

Editorial Notes

Amendments
2021—Par. (1)(A). Pub. L. 116–283, §1081(d)(4)(A), made technical correction to directory language of Pub. L. 115–232, §836(a)(2)(B). See 2018 Amendment note below.
2018—Par. (1)(A). Pub. L. 115–232, as amended by Pub. L. 116–283, §1081(d)(4)(A), substituted "commercial product" for "commercial item".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment
Pub. L. 116–283, div. A, title X, §1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(4)(A) to section 836(a)(2)(B) of Pub. L. 115–232, which amended this section, is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.

Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.

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Bluebook (online)

41 U.S.C. § 104, Counsel Stack Legal Research, https://law.counselstack.com/usc/41/104.