Page:United States Statutes at Large Volume 108 Part 4.djvu/751

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PUBLIC LAW 103-355 —OCT. 13, 1994 108 STAT. 3385 "(12) The term 'commercial item' means any of the following: "(A) Any item, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and that— "(i) has been sold, leased, or licensed to the general public; or "(ii) has been offered for sale, lease, or Ucense to the general public. "(B) Ajiy item that evolved from an item described in subparagraph (A) through advances in technology or performance and that 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. "(C) Any item that, but for— "(i) modifications of a type customarily available in the commercial marketplace, or "(ii) minor modifications made to meet Federal Government requirements, would satisfy the criteria in subparagraph (A) or (B). "(D) Any combination of items meeting the requirements of subparagraph (A), (B), (C), or (E) that are of a type customarily combined and sold in combination to the general public. "(E) Installation services, maintenance services, repair services, training services, and other services if such services are procured for support of an item referred to in subparagraph (A), (B), (C), or (D) and if the source of such services— "(i) offers such services to the general public and the Federal Government contemporaneously and under similar terms and conditions; and "(ii) offers to use the same work force for providing the Federal Government with such services as the source uses for providing such services to the general public. "(F) Services offered and sold competitively, in substantial quantities, in the commercial marketplace based on established catalog prices for specific tasks performed and under standard commercial terms and conditions. "(G) Any item, combination of items, or service referred to in subparagraphs (A) through (F) notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. "(H) A nondevelopmental item, if the procuring agency determines, in accordance with conditions set forth in the Federal Acquisition Regulation, that the item was developed exclusively at private expense and has been sold in substantial quantities, on a competitive basis, to multiple State and local governments. "(13) The term 'nondevelopmental item' means any of the following: "(A) Any commercial item.