Title 41 — Public ContractsRelease 119-73not60
§110 Nondevelopmental Item
Title 41 › Subtitle Subtitle I— Federal Procurement Policy › Chapter 1— DEFINITIONS › Subchapter I— SUBTITLE DEFINITIONS › § 110
Summary
Defines what counts as a "nondevelopmental item" for government buying. It covers four kinds: commercial products; supplies already used by the U.S. federal, state, or local governments or by a foreign government that has a defense cooperation agreement with the U.S.; items that need only minor or routine commercial changes; and items now being made but 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 5, 2026
Release point: 119-73not60