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- Title 41. Public Contracts
- Subtitle I. Federal Procurement Policy
- Division A. General
- Chapter 1. Definitions
- Subchapter I. Subtitle Definitions
41 U.S.C. § 103 Commercial Product
Library | United States Statutes |
Edition | 2023 |
Currency | Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31] |
Year | 2023 |
Citation | 41 U.S.C. § 103 |
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.
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