Title 41 — Public ContractsRelease 119-73not60
§104 Commercially Available Off-the-shelf Item
Title 41 › Subtitle Subtitle I— Federal Procurement Policy › Chapter 1— DEFINITIONS › Subchapter I— SUBTITLE DEFINITIONS › § 104
Summary
Defines a "commercially available off-the-shelf item" as a commercial product that is sold in large numbers and offered to the federal government exactly as it is sold to the public, with no changes. It does not include bulk cargo, like agricultural products or 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 5, 2026
Release point: 119-73not60