Collapse to view only § 104. Commercially available off-the-shelf item
- § 101. Administrator
- § 102. Commercial component
- § 103. Commercial product
- § 103a. Commercial service
- § 104. Commercially available off-the-shelf item
- § 105. Component
- § 106. Federal Acquisition Regulation
- § 107. Full and open competition
- § 108. Item and item of supply
- § 109. Major system
- § 110. Nondevelopmental item
- § 111. Procurement
- § 112. Procurement system
- § 113. Responsible source
- § 114. Standards
- § 115. Supplies
- § 116. Technical data
§ 101. Administrator
In this subtitle, the term “Administrator” means the Administrator for Federal Procurement Policy appointed under section 1102 of this title.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3678.)
§ 102. Commercial component
In this subtitle, the term “commercial component” means a component that is a commercial product.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3678; Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(A), Aug. 13, 2018, 132 Stat. 1860.)
§ 103. Commercial productIn 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.
(Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1859.)
§ 103a. Commercial serviceIn this subtitle, the term “commercial service” means any of the following:
(1) Installation services, maintenance services, repair services, training services, and other services if—
(A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and
(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;
(2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace—
(A) based on established catalog or market prices;
(B) for specific tasks performed or specific outcomes to be achieved; and
(C) under standard commercial terms and conditions.
(3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
(Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1860.)
§ 104. Commercially available off-the-shelf itemIn 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.)
§ 105. Component
In this subtitle, the term “component” means an item supplied to the Federal Government as part of an end item or of another component.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3680.)
§ 106. Federal Acquisition Regulation
In this subtitle, the term “Federal Acquisition Regulation” means the regulation issued under section 1303(a)(1) of this title.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3680.)
§ 107. Full and open competition
In this subtitle, the term “full and open competition”, when used with respect to a procurement, means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3680.)
§ 108. Item and item of supply
In this subtitle, the terms “item” and “item of supply”—
(1) mean an individual part, component, subassembly, assembly, or subsystem integral to a major system, and other property which may be replaced during the service life of the system, including spare parts and replenishment spare parts; but
(2) do not include packaging or labeling associated with shipment or identification of an item.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3680.)
§ 109. Major system
(a)In General.—In this subtitle, the term “major system” means a combination of elements that will function together to produce the capabilities required to fulfill a mission need. These elements may include hardware, equipment, software, or a combination of hardware, equipment, and software, but do not include construction or other improvements to real property.
(b)System Deemed To Be Major System.—A system is deemed to be a major system if—
(1) the Department of Defense is responsible for the system and the total expenditures for research, development, testing, and evaluation for the system are estimated to exceed $75,000,000 (based on fiscal year 1980 constant dollars) or the eventual total expenditure for procurement exceeds $300,000,000 (based on fiscal year 1980 constant dollars);
(2) a civilian agency is responsible for the system and total expenditures for the system are estimated to exceed the greater of $750,000 (based on fiscal year 1980 constant dollars) or the dollar threshold for a major system established by the agency pursuant to Office of Management and Budget (OMB) Circular A–109, entitled “Major Systems Acquisitions”; or
(3) the head of the agency responsible for the system designates the system a major system.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3680.)
§ 110. Nondevelopmental item
In this subtitle, the term “nondevelopmental item” means—
(1) a commercial product;
(2) a previously developed item of supply that is in use by a department or agency of the Federal Government, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement;
(3) an item of supply described in paragraph (1) or (2) that requires only minor modification or modification of the type customarily available in the commercial marketplace to meet the requirements of the procuring department or agency; or
(4) an item of supply currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item is not yet in use.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3680; Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(C), Aug. 13, 2018, 132 Stat. 1860.)
§ 111. Procurement
In this subtitle, the term “procurement” includes all stages of the process of acquiring property or services, beginning with the process for determining a need for property or services and ending with contract completion and closeout.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3681.)
§ 112. Procurement system
In this subtitle, the term “procurement system” means the integration of the procurement process, the professional development of procurement personnel, and the management structure for carrying out the procurement function.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3681.)
§ 113. Responsible source
In this subtitle, the term “responsible source” means a prospective contractor that—
(1) has adequate financial resources to perform the contract or the ability to obtain those resources;
(2) is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and Government business commitments;
(3) has a satisfactory performance record;
(4) has a satisfactory record of integrity and business ethics;
(5) has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain the organization, experience, controls, and skills;
(6) has the necessary production, construction, and technical equipment and facilities, or the ability to obtain the equipment and facilities; and
(7) is otherwise qualified and eligible to receive an award under applicable laws and regulations.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3681.)
§ 114. Standards
In this subtitle, the term “standards” means the criteria for determining the effectiveness of the procurement system by measuring the performance of the various elements of the system.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3681.)
§ 115. Supplies
In this subtitle, the term “supplies” has the same meaning as the terms “item” and “item of supply”.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3681.)
§ 116. Technical data
In this subtitle, the term “technical data”—
(1) means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency; but
(2) does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3681.)