United States Code Title 41 — Public Contracts

§ 104. Commercially available off-the-shelf item

§ 104.

Commercially available off-the-shelf item

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.