10 U.S. Code § 3014 - Nontraditional defense contractor

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.

(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (5), Jan. 1, 2021, 134 Stat. 4153, 4154; Pub. L. 117–263, div. A, title X, § 1081(a)(4), Dec. 23, 2022, 136 Stat. 2797.)

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), Jan. 7, 2011, 124 Stat. 4298; Pub. L. 113–291, div. A, title X, § 1071(a)(2)(B), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 815(b), Nov. 25, 2015, 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; Aug. 6, 1958, Pub. L. 85–599, § 8(a), 72 Stat. 519; Sept. 2, 1958, Pub. L. 85–861, § 1(58), 72 Stat. 1462; Aug. 14, 1964, Pub. L. 88–426, title III, § 305(3), 78 Stat. 422; Dec. 1, 1967, Pub. L. 90–168, § 2(12), 81 Stat. 523; Dec. 31, 1970, Pub. L. 91–611, title II, § 211(a), 84 Stat. 1829; Nov. 9, 1979, Pub. L. 96–107, title VIII, § 820(b), 93 Stat. 819; Sept. 24, 1983, Pub. L. 98–94, title XII, § 1212(c)(1), 97 Stat. 687; renumbered § 3014, Oct. 1, 1986, 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Another prior section 3014 was renumbered section 3015 of this title and subsequently repealed.

Amendments

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 Jan. 1, 2022, 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, Dec. 18, 2025, 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.”