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Title 41, Public ContractsRelease 119-102

§103a Commercial Service

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

Last updated Aug 21, 2026|Official source

Summary

A "commercial service" means one of three things. One: services like installation, maintenance, repair, training, or similar help that support a commercial product and are also offered to the general public on similar terms. Two: services commonly sold in the commercial market in large quantities, at catalog or market prices, for specific tasks or results under standard commercial terms. Three: either of the above, even if the service is 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 41, Public Contracts

Last Updated

Aug 21, 2026

Release point: 119-102