41 USC § 104 - Commercially available off-the-shelf item

---
identifier: "/us/usc/t41/s104"
source: "usc"
legal_status: "official_legal_evidence"
title: "41 USC § 104 - Commercially available off-the-shelf item"
title_number: 41
title_name: "PUBLIC CONTRACTS"
section_number: "104"
section_name: "Commercially available off-the-shelf item"
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: "(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.)"
---


# § 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.

---

**Source Credit**: (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.)

| RevisedSection | 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 “” are substituted for “section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)” because of  (46 U.S.C. note prec. 101).

## Editorial Notes

### Amendments

2021—Par. (1)(A). , made technical correction to directory language of . See 2018 Amendment note below.

2018—Par. (1)(A). , as amended by , substituted “commercial product” for “commercial item”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

, , , provided that the amendment made by section 1081(d)(4)(A) to , which amended this section, is effective as of , and as if included in .

### Effective Date of 2018 Amendment

Amendment by  effective , subject to a savings provision, see , set out as an Effective Date of 2018 Amendment; Savings Provision note under , Domestic Security.