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Title 41 — Public ContractsRelease 119-73

§110 Nondevelopmental item

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 1— - DEFINITIONS › Subchapter SUBCHAPTER I— - SUBTITLE DEFINITIONS › § 110

Last updated Apr 6, 2026|Official source

Summary

Defines what counts as a nondevelopmental item. A commercial product. An item already developed and used by the Federal Government, a state or local government, or a foreign government that has a mutual defense cooperation agreement with the United States. An item like those that needs only small or routine commercial changes to meet the buyer’s needs. An item now being produced that would otherwise qualify but is not yet in use.

Full Legal Text

Title 41, §110

Public Contracts — Source: USLM XML via OLRC

In this subtitle, the term “nondevelopmental item” means—
(1)a commercial product;
(2)a previously developed item of supply that is in use by a department or agency of the Federal Government, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement;
(3)an item of supply described in paragraph (1) or (2) that requires only minor modification or modification of the type customarily available in the commercial marketplace to meet the requirements of the procuring department or agency; or
(4)an item of supply currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item is not yet in use.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 11041:259(c)(12).June 30, 1949, ch. 288, title III, § 309(c)(12), as added Pub. L. 98–369, title VII, § 2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, § 504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, § 1551, Oct. 13, 1994, 108 Stat. 3299. 41:264a (“nondevelopmental item”).June 30, 1949, ch. 288, title III, § 314A (“nondevelopmental item”), as added Pub. L. 103–355, title VIII, § 8202, Oct. 13, 1994, 108 Stat. 3394. 41:403(13).Pub. L. 93–400, § 4(13), as added Pub. L. 103–355, title VIII, § 8001(a), Oct. 13, 1994, 108 Stat. 3385.

Editorial Notes

Amendments

2018—Par. (1). Pub. L. 115–232 substituted “commercial product” for “commercial item”.

Statutory Notes and Related Subsidiaries

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. § 110

Title 41 — Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73