§ 104. Commercially available off-the-shelf item

In 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.