41 U.S. Code § 104. Commercially available off-the-shelf item

In this subtitle, the term “commercially available off-the-shelf item”—
(1) means an item that—
is a commercial item (as described in section 103(1) of this title);
is sold in substantial quantities in the commercial marketplace; and
is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace; but
does not include bulk cargo, as defined in section 40102(4) of title 46, such as agricultural products and petroleum products.
Amendment of Paragraph (1)(A)

Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(B), (h), Aug. 13, 2018, 132 Stat. 1860, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, paragraph (1)(A) of this section is amended by striking “commercial item” and inserting “commercial product”. See 2018 Amendment note below.

Historical and Revision Notes



Source (U.S. Code)

Source (Statutes at Large)



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).


2018—Par. (1)(A). Pub. L. 115–232, which directed substitution of “commercial product” for “commercial item” in section 104(1)(A), without specifying the Code title to be amended, was executed by making the substitution in par. (1)(A) of this section, to reflect the probable intent of Congress.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.