§ 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 item (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.)

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).