41 U.S.C. § 103

1. (1)A product, other than real property, that—
   1. (A)is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and
   2. (B)has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.
2. (2)A product that—
   1. (A)evolved from a product described in paragraph (1) through advances in technology or performance; and
   2. (B)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.
3. (3)A product that would satisfy the criteria in paragraph (1) or (2) were it not for—
   1. (A)modifications of a type customarily available in the commercial marketplace; or
   2. (B)minor modifications made to meet Federal Government requirements.
4. (4)Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.
5. (5)A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
6. (6)A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—
   1. (A)the product was developed exclusively at private expense; and
   2. (B)has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.