{"identifier":"/us/usc/t41/s103","title":41,"num":"\u00a7\u202f103.","heading":"Commercial product","text":"\u00a7\u202f103.\nCommercial product\nIn this subtitle, the term \u201ccommercial product\u201d means any of the following:\n(1) A product, other than real property, that\u2014\n(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and\n(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.\n(2) A product that\u2014\n(A) evolved from a product described in paragraph (1) through advances in technology or performance; and\n(B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation.\n(3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for\u2014\n(A) modifications of a type customarily available in the commercial marketplace; or\n(B) minor modifications made to meet Federal Government requirements.\n(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.\n(5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.\n(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that\u2014\n(A) the product was developed exclusively at private expense; and\n(B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.","url":"https://projectusc.org/usc/t41/s103.html","content":[{"t":"sec","id":"/us/usc/t41/s103","children":[{"t":"num","text":"\u00a7\u202f103."},{"t":"heading","text":"Commercial product","tail":"\n"},{"t":"chapeau","text":"In this subtitle, the term \u201ccommercial product\u201d means any of the following:"},{"t":"para","id":"/us/usc/t41/s103/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" A product, other than real property, that\u2014"},{"t":"subpara","id":"/us/usc/t41/s103/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s103/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s103/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" A product that\u2014"},{"t":"subpara","id":"/us/usc/t41/s103/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" evolved from a product described in paragraph (1) through advances in technology or performance; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s103/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s103/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" A product that would satisfy the criteria in paragraph (1) or (2) were it not for\u2014"},{"t":"subpara","id":"/us/usc/t41/s103/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" modifications of a type customarily available in the commercial marketplace; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s103/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" minor modifications made to meet Federal Government requirements.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s103/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s103/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s103/6","children":[{"t":"num","text":"(6)"},{"t":"chapeau","text":" A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that\u2014"},{"t":"subpara","id":"/us/usc/t41/s103/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the product was developed exclusively at private expense; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s103/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}