Title 10 — Armed Forces
Part V · Chapter 201 — Definitions
§ 3014. Nontraditional defense contractor
Statutory text
In this part, the term “nontraditional defense contractor”, with respect to a procurement or with respect to a transaction authorized under section 4021(a) or 4022 of this title, means an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation of sources by the Department of Defense for the procurement or transaction, any contract or subcontract for the Department of Defense that is subject to full coverage under the cost accounting standards prescribed pursuant to section 1502 of title 41 and the regulations implementing such section.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1806(b)(1) · 134 Stat. 3388
Enacted · 10 U.S.C. § 3014
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (5), Jan. 1, 2021, 134 Stat. 4153, 4154
Source evidence
Code source credit
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (5), Jan. 1, 2021, 134 Stat. 4153, 4154Enacted provision · exact public law section
(1) In general.— Such chapter is further amended by adding at the end the following new subchapter: “SUBCHAPTER II— DEFINITIONS APPLICABLE TO PROCUREMENT GENERALLY “Sec. “3011. Definitions incorporated from title 41. “3012. Competitive procedures. “3013. Technical data. “3014. Nontraditional defense contractor. “3015. Simplified acquisition threshold. “3016. Chapter 137 legacy provisions. “§ 3011. Definitions incorporated from title 41 “§ 3012. Competitive procedures “§ 3013. Technical data “§ 3014. Nontraditional defense contractor “§ 3015. Simplified acquisition threshold” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1806(b)(5) · 134 Stat. 3388
Struck · 10 U.S.C. § 3014
Pub. L. 116–283, § 1806(b)(5), transferred par. (9) of section 2302 of this title to this section, realigned margin, struck out par. (9) designation at beginning
Substituted · 10 U.S.C. § 3014
Pub. L. 116–283, § 1806(b)(5), transferred par. (9) of section 2302 of this title to this section, realigned margin, substituted “In this part, the term” for “The term”
Substituted · 10 U.S.C. § 3014
Pub. L. 116–283, § 1806(b)(5), transferred par. (9) of section 2302 of this title to this section, realigned margin, substituted “section 4002(a) or 4003” for “section 2371(a) or 2371b”
Source evidence
Code amendment note
Pub. L. 116–283, § 1806(b)(5), transferred par. (9) of section 2302 of this title to this section, realigned margin, struck out par. (9) designation at beginning, and substituted “In this part, the term” for “The term” and “section 4002(a) or 4003” for “section 2371(a) or 2371b”.Enacted provision · exact public law section
(5) Transfer of 2302(9).— Paragraph (9) of section 2302 of such title is transferred to section 3014 of such title, as added by paragraph (1), inserted after the section heading, realigned 2 ems to the left, and amended— (A) by striking the paragraph designation; (B) by striking “The term” and inserting “In this part, the term”; and (C) by striking “section 2371(a) or 2371b” and inserting “section 4002(a) or 4003”.James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 div. A title X § 1081(a)(4) · 136 Stat. 2395
Substituted · 10 U.S.C. § 3014
Pub. L. 117–263 substituted “section 4021(a) or 4022” for “section 4002(a) or 4003”
Source evidence
Code amendment note
Pub. L. 117–263 substituted “section 4021(a) or 4022” for “section 4002(a) or 4003”.Enacted provision · exact public law section
(4) Section 3014 is amended by striking “section 4002(a) or 4003” and inserting “section 4021(a) or 4022”.
5 of 5 references resolved to an enrolled provision
Editorial Notes
Codification
The text of par. (9) of section 2302 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1806(b)(5), was based on Pub. L. 111–383, div. A, title VIII, § 866(g)(1), , 124 Stat. 4298; Pub. L. 113–291, div. A, title X, § 1071(a)(2)(B), , 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 815(b), , 129 Stat. 896.
Prior Provisions
A prior section 3014 was renumbered section 7014 of this title.
Another prior section 3014, acts Aug. 10, 1956, ch. 1041, 70A Stat. 158, § 3013; , Pub. L. 85–599, § 8(a), 72 Stat. 519; , Pub. L. 85–861, § 1(58), 72 Stat. 1462; , Pub. L. 88–426, title III, § 305(3), 78 Stat. 422; , Pub. L. 90–168, § 2(12), 81 Stat. 523; , Pub. L. 91–611, title II, § 211(a), 84 Stat. 1829; , Pub. L. 96–107, title VIII, § 820(b), 93 Stat. 819; , Pub. L. 98–94, title XII, § 1212(c)(1), 97 Stat. 687; renumbered § 3014, , Pub. L. 99–433, title V, § 501(a)(2), 100 Stat. 1034, related to Under Secretary and Assistant Secretaries of the Army, appointment, and duties, prior to repeal by Pub. L. 99–433, § 501(a)(5).
Another prior section 3014 was renumbered section 3015 of this title and subsequently repealed.
Amendments2021–2022 · 2 rounds
2022
Pub. L. 117–263 substituted “section 4021(a) or 4022” for “section 4002(a) or 4003”.
2021
Pub. L. 116–283, § 1806(b)(5), transferred par. (9) of section 2302 of this title to this section, realigned margin, struck out par. (9) designation at beginning, and substituted “In this part, the term” for “The term” and “section 4002(a) or 4003” for “section 2371(a) or 2371b”.
Statutory Notes and Related Subsidiaries
Effective Date
Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
Exemptions for Nontraditional Defense Contractors
Pub. L. 119–60, div. A, title XVIII, § 1826, , 139 Stat. 1249, provided that:
“(a) Exemption.—
For the purposes of contracts, subcontracts, or agreements of the Department of Defense, products and services provided by nontraditional defense contractors (as defined in section 3014 of title 10, United States Code) shall be exempt from the following requirements:
“(1) Section 252.242–7006 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation.
“(2) Section 252.234–7002 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation.
“(3) Section 252.215–7002 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation.
“(4) Section 252.242–7004 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation.
“(5) Section 252.245–7003 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation.
“(6) Section 252.244–7001 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation.
“(7) Section 252.242–7005 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation.
“(8) Section 215.407 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation.
“(9) Section 3702 of title 10, United States Code.
“(10) Part 31 of the Federal Acquisition Regulation, or successor regulation.
“(b) Waiver and Reporting.—
“(1) In general.—
The requirement under subsection (a) may be waived or modified with respect to a product or service with a written determination approved by the head of the relevant contracting activity.
“(2) Delegation.—
The authority to approve a written determination under paragraph (1) may only be delegated to a senior contracting official for the relevant contracting activity or a more senior official.
“(3) Partial application.—
One or more of the requirements described in paragraphs (1) through (10) of subsection (a) may be applied to a contract, subcontract, or other agreement with a nontraditional defense contractor upon a written determination approved by the head of the relevant contracting activity that includes a justification explaining why application of such requirements is in the best interest of the Federal Government.
“(4) Congressional notice.—
Not later than 60 days after the date on which a waiver is issued under this section, the Secretary of Defense shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a notice of the waiver, including with a discussion of efforts made to adapt the acquisition approach for the product or service with respect to which the such waiver was granted so that such waiver would not be necessary.”
Credits
2021–2022 · 2 acts
- 2021Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (5), , 134 Stat. 4153, 4154
- 2022Pub. L. 117–263, div. A, title X, § 1081(a)(4), , 136 Stat. 2797.
Show as published
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (5), , 134 Stat. 4153, 4154; Pub. L. 117–263, div. A, title X, § 1081(a)(4), , 136 Stat. 2797.)