Title 41Public ContractsRelease 119-73

§103a Commercial service

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 1— - DEFINITIONS › Subchapter SUBCHAPTER I— - SUBTITLE DEFINITIONS › § 103a

Last updated Apr 6, 2026|Official source

Summary

Defines "commercial service" to include installation, maintenance, repair, training, and similar services bought to support a commercial product when the seller also offers those services to the public on similar terms. It also includes services sold widely in the commercial market, priced from catalogs or market rates, for specific tasks or results under normal commercial terms, and those same services still count even if moved among a contractor’s divisions, subsidiaries, or affiliates.

Full Legal Text

Title 41, §103a

Public Contracts — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.

Reference

Citations & Metadata

Citation

41 U.S.C. § 103a

Title 41Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73