U.S. Code » Title 41 » Subtitle Subtitle I— Federal Procurement Policy › Division Division A— General › Chapter CHAPTER 1— DEFINITIONS › Subchapter SUBCHAPTER I— SUBTITLE DEFINITIONS

41 U.S.C. § 104

Commercially available off-the-shelf item

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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.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3679; Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(B), Aug. 13, 2018, 132 Stat. 1860; Pub. L. 116–283, div. A, title X, § 1081(d)(4)(A), Jan. 1, 2021, 134 Stat. 3874.)

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).

Editorial NotesAmendments

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 SubsidiariesEffective 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 Amendment

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.

Notes of Decisions
Cited in 3 cases, 1932–1955 · leading case: Piggly Wiggly Corp. v. United States, 81 F. Supp. 819 (Ct. Cl. 1949).
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Piggly Wiggly Corp. v. United States, 81 F. Supp. 819 (Ct. Cl. 1949). “Under the regulatory authority given in Section 4(b) of the Contract Settlement Act, 41 U.S.C.A. § 104 (b), the Director of Contract Settlement has issued regulations setting forth overall policies of contract termination.”
Monolith Portland Midwest Co. v. Reconstruction Fin. Corp., 128 F. Supp. 824 (S.D. Cal. 1955). “§ 4 of the Settlement Act, 41 U.S.C.A. § 104 , provided: “(b) In order to insure uniform and efficient administration of the provisions of this chapter, the Administrator of General Services, subject to such provisions, by general orders or general regulations— “(1) shall…”
Chalmers v. Swarttz, 57 F.2d 43 (3rd Cir. 1932). “By section 64 (41 US CA § 104), the court is authorized to order the trustee to pay out the assets of the estate in the order of priority set forth in paragraph b, subdivision 4 of which provides that, “where the confirmation of the composition terms has been refused or set…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.