10 U.S.C. § 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. Section 252.242–7006 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation. Section 252.234–7002 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation. Section 252.215–7002 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation. Section 252.242–7004 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation. Section 252.245–7003 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation. Section 252.244–7001 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation. Section 252.242–7005 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation. Section 215.407 of the Department of Defense Supplement to the Federal Acquisition Regulation, or successor regulation. Section 3702 of title 10 , United States Code. Part 31 of the Federal Acquisition Regulation, or successor regulation. 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. 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. 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. 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.”