§103a. Commercial service

41 U.S.C. § 103a

In 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.

Notes, amendments, and revision history

(Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1860.)

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.