Page:United States Statutes at Large Volume 82.djvu/1388

 1346

PUBLIC LAW 90-634-OCT. 24, 1968

[82 STAT.

commercial use, except for any excess attributable to the cost of accelerated delivery or other significantly different circumstances, and " (iii) from the sales of which by the contractor or subcontractor at least 55 percent of the receipts or accruals in such fiscal year are not (without regard to this subsection and subsection (c) of this section) subject to this title; " (C) the term 'service' means any processing or other operation performed by chemical, electrical, physical, or mechanical methods directly on materials owned by another person; " (D) the term 'standard commercial service' means, with respect to any fiscal year, a service—"(i) the price of which under any contract or subcontract subject to this title is not in excess of the lowest price at which such service is |)€rformed under similar circumstances by the contractor or subcontractor for civilian industrial or commercial purposes, and "' (ii) from the performance of which by the contractor or subcontractor at least 55 percent of the receipts or acciTials in such fiscal year a.re not (without regard to this subsection) subject to this title; " (p]) a service is, with respect to any fiscal year, 'reasonably comparable with a standard commercial service' only if— "(i) such service is of the same or a similar kind, performed with the same or similar materials, and has the same or a similar result, without necessarily involving identical operations, as a standard commercial service from the performance of which the contractor or subcontractor has receipts or accruals in such fiscal year, "(ii) the price of such service under any contract or subcontract subject to this title is not in excess of the lowest price at which such service is performed under similar circumstances by the contractor or subcontractor for civilian industrial or commercial purposes, and "(iii) at least 55 percent of the aggregate receipts or accruals in such fiscal year by the contractor or subcontractor from the performance of such service and such standard commercial service are not (without regard to this subsection) subject to this title; and " (F) the term 'standard commercial class of articles' means, with respect to any fiscal year, two or more articles with respect to which the following conditions are met: " (i) at least one of such articles either is customarily maintained in stock by the contractor or subcontractor or is offered for sale in accordance with a price schedule regularly maintained by the contractor or subcontractor, "(ii) all of such articles are of the same kind and manufactured of the same or substitute materials (without necessarily being of identical specifications), "(iii) the price of each of such articles under any contract or subcontract sub;ject to this title is not in excess of the lowest price at which such article is sold in similar quantity by the contractor or subcontractor for civilian

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