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Title 41 — Public ContractsRelease 119-73

§104 Commercially available off-the-shelf item

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 1— - DEFINITIONS › Subchapter SUBCHAPTER I— - SUBTITLE DEFINITIONS › § 104

Last updated Apr 6, 2026|Official source

Summary

Defines when something counts as a "commercially available off-the-shelf item." It counts if it is a commercial product (see section 103(1) of this title), is sold in large quantities in the commercial market, and is offered to the Federal Government without changes and in the same form it is sold commercially. Items that are bulk cargo are not included. That exclusion follows the definition in section 40102(4) of title 46 and covers things like agricultural goods and petroleum products.

Full Legal Text

Title 41, §104

Public Contracts — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10441:431(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

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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

41 U.S.C. § 104

Title 41 — Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73