41 U.S.C. § 104

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)

Section 104 - 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 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.

41 U.S.C. § 104

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.

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).

EDITORIAL NOTES

AMENDMENTS2021-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.