§104. Commercially available off-the-shelf item — Inbound Citations
41 U.S.C. § 104
Cited by 5 provisions in release 119-102.
Citations to 41 U.S.C. § 104 as a whole
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(2) This section does not apply to contracts or subcontracts for the acquisition of commercially available off-the-shelf items, as defined in section 104 of title 41, other than—(A) contracts or subcontracts for the acquisition of specialty metals, including mill products, such as bar, billet, slab, wire, plate and sheet, that have not been incorporated into end items, subsystems, assemblies, or components;(B) contracts or subcontracts for the acquisition of forgings or castings of specialty metals, unless such forgings or castings are incorporated into commercially available off-the-shelf end items, subsystems, or assemblies;(C) contracts or subcontracts for commercially available high performance magnets unless such high performance magnets are incorporated into commercially available off-the-shelf-end items or subsystems; and(D) contracts or subcontracts for commercially available off-the-shelf fasteners, unless such fasteners are—(i) incorporated into commercially available off-the-shelf end items, subsystems, assemblies, or components; or(ii) purchased as provided in paragraph (3).
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(5) The term “commercially available off-the-shelf”, has the meaning provided in section 104 of title 41.
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(A) a commercially available off-the-shelf item (as defined in section 104 of title 41), other than—(i) a commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or(ii) a mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component;
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(4) 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.