41 U.S.C. § 103a — Commercial service

submitted 8 years ago by Pub. L. 115-232 to r/title-41-PUBLIC-CONTRACTS · 152 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines "commercial service" for federal contracting law. It covers installation, maintenance, and similar services sold alongside commercial products, plus services sold competitively in the commercial market under standard catalog terms.

In this subtitle, "commercial service" means any of the following: (1) Installation, maintenance, repair, training, and other services, if (A) they support a commercial product — no matter who provides them or when — and (B) the provider offers similar services to the public at the same time, under terms similar to what it offers the federal government. (2) Services of a type sold competitively, in real quantity, in the commercial market, (A) based on standard catalog or market prices, (B) for specific tasks or specific results, and (C) under standard commercial terms. (3) A service described in (1) or (2), even if it moves between divisions, subsidiaries, or affiliates of the same contractor.

the actual law source: uscode.house.gov ↗public domain

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.

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

history & why it existsrecord from the source credit

2018Enacted · Pub. L. 115-232 · 132 Stat. 1860

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-232 on 2018-08-13.

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