41 U.S.C. § 103: Commercial product

is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. evolved from a product described in paragraph (1) through advances in technology or performance; and 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. modifications of a type customarily available in the commercial marketplace; or minor modifications made to meet Federal Government requirements. 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. 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. the product was developed exclusively at private expense; and has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.