41 U.S.C. § 104 – Commercially available off-the-shelf item

In this subtitle, the term “commercially available off-the-shelf item”—

(1) means an item that—
1. (A) is a commercial product (as described in section 103(1) of this title);
2. (B) is sold in substantial quantities in the commercial marketplace; and
3. (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.

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
104	41:431(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).

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”.

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.

Amendment 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.