Page:United States Statutes at Large Volume 124.djvu/3706

124 STAT. 3680 PUBLIC LAW 111–350—JAN. 4, 2011 (C) is offered to the Federal Government, without modi- fication, in the same form in which it is sold in the commer- cial marketplace; but (2) does not include bulk cargo, as defined in section 40102(4) of title 46, such as agricultural products and petroleum prod- ucts. § 105. Component In this subtitle, the term ‘‘component’’ means an item supplied to the Federal Government as part of an end item or of another component. § 106. Federal Acquisition Regulation In this subtitle, the term ‘‘Federal Acquisition Regulation’’ means the regulation issued under section 1303(a)(1) of this title. § 107. Full and open competition In this subtitle, the term ‘‘full and open competition’’, when used with respect to a procurement, means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement. § 108. Item and item of supply In this subtitle, the terms ‘‘item’’ and ‘‘item of supply’’— (1) mean an individual part, component, subassembly, assembly, or subsystem integral to a major system, and other property which may be replaced during the service life of the system, including spare parts and replenishment spare parts; but (2) do not include packaging or labeling associated with ship- ment or identification of an item. § 109. Major system (a) IN GENERAL.—In this subtitle, the term ‘‘major system’’ means a combination of elements that will function together to produce the capabilities required to fulfill a mission need. These elements may include hardware, equipment, software, or a combination of hardware, equipment, and software, but do not include construction or other improvements to real property. (b) SYSTEM DEEMED TO BE MAJOR SYSTEM.—A system is deemed to be a major system if— (1) the Department of Defense is responsible for the system and the total expenditures for research, development, testing, and evaluation for the system are estimated to exceed $75,000,000 (based on fiscal year 1980 constant dollars) or the eventual total expenditure for procurement exceeds $300,000,000 (based on fiscal year 1980 constant dollars); (2) a civilian agency is responsible for the system and total expenditures for the system are estimated to exceed the greater of $750,000 (based on fiscal year 1980 constant dollars) or the dollar threshold for a major system established by the agency pursuant to Office of Management and Budget (OMB) Circular A–109, entitled ‘‘Major Systems Acquisitions’’; or (3) the head of the agency responsible for the system des- ignates the system a major system. § 110. Nondevelopmental item In this subtitle, the term ‘‘nondevelopmental item’’ means—