§ 3457.
Treatment of certain products and services as commercial products and commercial services
(a)
Goods and Services Provided by Nontraditional Defense Contractors.—
Notwithstanding
section 3451(1) of this title, products and services provided by nontraditional defense contractors (as that term is defined in
section 3014 of this title) may be treated by the head of an agency as commercial products and commercial services, respectively, for purposes of this chapter.
(b)
Services Provided by Certain Nontraditional Contractors.—
Notwithstanding
section 3451(1) of this title, services provided by a business unit that is a nontraditional defense contractor (as that term is defined in
section 3014 of this title) shall be treated as commercial services for purposes of this chapter, to the extent that such services use the same pool of employees as used for commercial customers and are priced using methodology similar to methodology used for commercial pricing.
(c)
Commingled Items Purchased by Contractors.—
Notwithstanding
section 3451(1) of this title, items valued at less than $10,000 that are purchased by a contractor for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract shall be treated as a commercial product for purposes of this chapter.
(Added [Pub. L. 114–92, div. A, title VIII, § 857(a)], Nov. 25, 2015, [129 Stat. 921], § 2380A; renumbered § 2380a and amended [Pub. L. 114–328, div. A, title VIII, § 878(a)], (b)(1), Dec. 23, 2016, [130 Stat. 2312]; [Pub. L. 115–232, div. A, title VIII, § 836(d)(6)], (8)(F), Aug. 13, 2018, [132 Stat. 1868], 1869; renumbered § 3457 and amended [Pub. L. 116–283, div. A, title XVIII, § 1821(a)(2)], (b)(6), (7)(A), (B), Jan. 1, 2021, [134 Stat. 4195], 4196.)