US Code

Public Law 119-87 (04/30/2026)

10 U.S.C. § 3014

Nontraditional defense contractor

section 1502 of title 41In 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 and the regulations implementing such section.

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

Editorial Notes

Codification

section 2302 of this titlePub. L. 116–283, § 1806(b)(5)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 The text of par. (9) of , which was transferred to this section and amended by , was based on , , ; , , ; , , .

Prior Provisions

section 7014 of this titleA prior section 3014 was renumbered .

Aug. 10, 1956, ch. 1041 70A Stat. 158 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 Pub. L. 99–433, title V, § 501(a)(2)100 Stat. 1034 Pub. L. 99–433, § 501(a)(5)Another prior section 3014, acts , , § 3013; , , ; , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 3014, , , , related to Under Secretary and Assistant Secretaries of the Army, appointment, and duties, prior to repeal by .

section 3015 of this titleAnother prior section 3014 was renumbered and subsequently repealed.

Amendments

Pub. L. 117–2632022— substituted “section 4021(a) or 4022” for “section 4002(a) or 4003”.

Pub. L. 116–283, § 1806(b)(5)section 2302 of this title2021—, transferred par. (9) of 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

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .

Exemptions for Nontraditional Defense Contractors

Pub. L. 119–60, div. A, title XVIII, § 1826139 Stat. 1249

“(a)

Exemption .—

section 3014 of title 10For the purposes of contracts, subcontracts, or agreements of the Department of Defense, products and services provided by nontraditional defense contractors (as defined in , 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.”
, , , provided that: