Page:United States Statutes at Large Volume 124.djvu/4324

124 STAT. 4298 PUBLIC LAW 111–383—JAN. 7, 2011 (A) has the meaning given that term in section 4(13) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(13)); and (B) also includes previously developed items of supply that require modifications other than those customarily available in the commercial marketplace if such modifica- tions are consistent with the requirement in subsection (b)(3)(A). (3) The term ‘‘nontraditional defense contractor’’ has the meaning given that term in section 2302(9) of title 10, United States Code (as added by subsection (g)). (4) The terms ‘‘independent research and developments costs’’ and ‘‘bid and proposal costs’’ have the meaning given such terms in section 31.205–18 of the Federal Acquisition Regulation. (f) SUNSET.— (1) IN GENERAL.—The authority to carry out the pilot pro- gram shall expire on the date that is five years after the date of the enactment of this Act. (2) CONTINUATION OF CURRENT CONTRACTS.—The expiration under paragraph (1) of the authority to carry out the pilot program shall not affect the validity of any contract awarded under the pilot program before the date of the expiration of the pilot program under that paragraph. (g) STATUTORY DEFINITION OF NONTRADITIONAL DEFENSE CON- TRACTOR.— (1) NONTRADITIONAL DEFENSE CONTRACTOR.—Section 2302 of title 10, United States Code, is amended by adding at the end the following: ‘‘(9) The term ‘nontraditional defense contractor’, with respect to a procurement or with respect to a transaction authorized under section 2371(a) 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 trans- action, any of the following for the Department of Defense: ‘‘(A) Any contract or subcontract that is subject to full coverage under the cost accounting standards pre- scribed pursuant to section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422) and the regulations implementing such section. ‘‘(B) Any other contract in excess of $500,000 under which the contractor is required to submit certified cost or pricing data under section 2306a of this title.’’. (2) CONFORMING AMENDMENT.—Section 845(f) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended to read as follows: ‘‘(f) NONTRADITIONAL DEFENSE CONTRACTOR DEFINED.—In this section, the term ‘nontraditional defense contractor’ has the meaning provided by section 2302(9) of title 10, United States Code.’’. 10 USC 2302 note.