41 USC § 103 - Commercial product

---
identifier: "/us/usc/t41/s103"
source: "usc"
legal_status: "official_legal_evidence"
title: "41 USC § 103 - Commercial product"
title_number: 41
title_name: "PUBLIC CONTRACTS"
section_number: "103"
section_name: "Commercial product"
chapter_number: 1
chapter_name: "DEFINITIONS"
subchapter_number: "I"
subchapter_name: "SUBTITLE DEFINITIONS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1859.)"
---


# § 103. Commercial product

In this subtitle, the term “commercial product” means any of the following:

**(1)** A product, other than real property, that—

**(A)** is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and

**(B)** has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.

**(2)** A product that—

**(A)** evolved from a product described in paragraph (1) through advances in technology or performance; and

**(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.

**(3)** A product that would satisfy the criteria in paragraph (1) or (2) were it not for—

**(A)** modifications of a type customarily available in the commercial marketplace; or

**(B)** minor modifications made to meet Federal Government requirements.

**(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.

**(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.

**(6)** A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—

**(A)** the product was developed exclusively at private expense; and

**(B)** has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.

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**Source Credit**: (Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1859.)

## Editorial Notes

### Prior Provisions

A prior section 103, , , ; , , , defined term “commercial item”, prior to repeal by , , , effective . See Effective Date note below.

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective, and repeal of former section 103 effective, on , subject to a savings provision, see , set out as an Effective Date of 2018 Amendment; Savings Provision note under , Domestic Security.