41 U.S.C. § 103 — Commercial product

In this subtitle, "commercial product" means any of the following: (1) A product, other than real property, that (A) is a type normally used by the public or private organizations for non-government purposes, and (B) has been sold, leased, licensed, or offered that way to the public. (2) A product that (A) grew out of a product described in (1) through better technology or performance, and (B) isn't yet sold commercially but will be available in time to meet a federal government order's delivery deadline. (3) A product that would meet (1) or (2) except for (A) changes of a kind normally available in the commercial market, or (B) small changes made just to meet federal requirements. (4) Any combination of products meeting (1), (2), or (3), of a type normally sold together to the public. (5) A product or combination of products described in (1) through (4), even if it moves between divisions, subsidiaries, or affiliates of the same contractor. (6) A "nondevelopmental item" — meaning something already developed, not built new for this contract — if the buying agency decides, following Federal Acquisition Regulation rules, that (A) the product was developed entirely with private money, and (B) it has been sold in real quantity, competitively, to multiple state and local governments or multiple foreign governments.