commercially available off-the-shelf item
Defined in 5 places across 3 titles of the United States Code.
As used in this section, the term “commercially available off-the-shelf item” means, except as provided in paragraph (2), an item that—
(A) is a commercial item (as described in section 403(12)(A) of this title);
(B) is sold in substantial quantities in the commercial marketplace; and
(C) is offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace.
Source
- 1996–present41 U.S.C. § 431Public Contracts · Commercially available off-the-shelf item acquisitions: lists of inapplicable laws in Federal Acquisition Regulation · as used in this section
Commercial product; commercial service; commercially available off-the shelf item.—The terms "commercial product", "commercial service", and "commercially available off-the-shelf item" have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively.
Source
- 2022–202610 U.S.C. § 4873Armed Forces · Additional requirements pertaining to printed circuit boards · in this section
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.
Source
- 2010–201941 U.S.C. § 104Public Contracts · Administration of chapter · in this subtitle
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
- 2019–present41 U.S.C. § 104Public Contracts · Administration of chapter · in this subtitle
The term “commercially available off-the-shelf item”—
(A) means any item of supply (including construction material) that is—
(i) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024); and
(ii) sold in substantial quantities in the commercial marketplace; and
(B) does not include bulk cargo, as defined in section 40102(4) of title 46, such as agricultural products and petroleum products.
Source
- 2023–present10 U.S.C. § 2219Armed Forces · Renumbered 2491c] · in this section
The term "commercially available off-the-shelf item" means—
(I) any item of supply (including construction material) that is—
Source
- 2019–202646 U.S.C. § 54101Shipping · Assistance for small shipyards · under this section
The term “commercially available off-the-shelf item” means—
(I) any item of supply (including construction material) that is—
(aa) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020); and
(bb) sold in substantial quantities in the commercial marketplace; and
(II) does not include bulk cargo, as defined in section 40102(4) of this title, such as agricultural products and petroleum products.
Source
- 2026–present46 U.S.C. § 54101Shipping · Assistance for small shipyards · under this section
The terms “commercial product”, “commercial service”, and “commercially available off-the-shelf item” have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively.
Source
- 2026–present10 U.S.C. § 4873Armed Forces · Additional requirements pertaining to printed circuit boards · in this section