41 U.S.C.
United States Code, 2022 Edition
Title 41 - PUBLIC CONTRACTS
Subtitle I - Federal Procurement Policy
Division A - General
CHAPTER 1 - DEFINITIONS
SUBCHAPTER I - SUBTITLE DEFINITIONS
Sec. 103a - Commercial service
From the U.S. Government Publishing Office, www.gpo.gov

### §103a. Commercial service

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.

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

#### Statutory Notes and Related Subsidiaries

#### Effective Date

Section effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.