Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
74 lines
3.4 KiB
Markdown
74 lines
3.4 KiB
Markdown
---
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type: "LegalText"
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title: "41 U.S.C. § 103"
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description: "Commercial product"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 41
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title_name: "PUBLIC CONTRACTS"
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chapter_number: "1"
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chapter_name: "DEFINITIONS"
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section: "103"
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citation: "41 U.S.C. § 103"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc41@119-100.zip"
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source_identifier: "/us/usc/t41/s103"
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source_file: "data/legal/raw/us/code/title-41/usc41.xml"
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source_hash: "558ed4ca35bf68b531839a07c3efd4a38b84c744410da84d063130dac98ccba1"
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raw_snapshot_hash: "0977ff7e7fefd99bbd25a86e009a9e4c2707301ec8c49233d17b6604e38702e3"
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text_hash: "ed07dad9233b293b346ef65dde6d0a6d263bbe0df5ddeb8252db3cf8f71ff599"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 41 U.S.C. § 103 - Commercial product
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## Text
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In this subtitle, the term “commercial product” means any of the following:
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(1) A product, other than real property, that—
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(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and
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(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.
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(2) A product that—
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(A) evolved from a product described in paragraph (1) through advances in technology or performance; and
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(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.
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(3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for—
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(A) modifications of a type customarily available in the commercial marketplace; or
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(B) minor modifications made to meet Federal Government requirements.
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(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.
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(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.
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(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—
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(A) the product was developed exclusively at private expense; and
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(B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.
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(Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1859.)
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## Notes
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Editorial Notes
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Prior ProvisionsA prior section 103, Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3679; Pub. L. 115–91, div. A, title VIII, § 847(a), Dec. 12, 2017, 131 Stat. 1487, defined term “commercial item”, prior to repeal by Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1859, effective Jan. 1, 2020. See Effective Date note below.
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Statutory Notes and Related Subsidiaries
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Effective DateSection effective, and repeal of former section 103 effective, on 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.
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