DEFINITIONS.

SEC. 8001. DEFINITIONS. (a) Definitions.— Section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403) is amended by adding at the end the following new paragraphs: 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 non-governmental 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 license to the general public. “(B) Any 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. 108 STAT. 3386 “(B) Any previously developed item of supply that is in use by a department or agency of the United States, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement. “(C) Any item of supply described in subparagraph (A) or (B) that requires only minor modification or modification of the type customarily available in the commercial marketplace in order to meet the requirements of the procuring department or agency. “(D) Any item of supply currently being produced that does not meet the requirements of subparagraph (A), (B), or (C) solely because the item is not yet in use. “(14) The term ‘component’ means any item supplied to the Federal Government as part of an end item or of another component. “(15) The term ‘commercial component means any component that is a commercial item.”. (b) Stylistic Amendments.— Such section is further amended— (1) by striking out “Act—” in the matter preceding paragraph (1) and inserting in lieu thereof “Act:”; (2) by capitalizing the first letter of the first word in each of paragraphs (1) through (11); (3) by striking out the semicolon at the end of each of paragraphs (1), (2), (3), (5), (6), (7), (8), and (9) and inserting in lieu thereof a period; and (4) by striking out “; and” at the end of paragraphs (4) and (10) and inserting in lieu thereof a period.