As prescribed in 212.7103, use the following provision: Pilot Program for Acquisition of Military-purpose Nondevelopmental Items
(JUN 2012)
(a) Definitions. As used in this provision--
Military-purpose nondevelopmental item means a nondevelopmental item that meets a validated military requirement, as determined in writing by the responsible program manager, and has been developed exclusively at private expense. An item shall not be considered to be developed at private expense if development of the item was paid for in whole or in part through--
(1) Independent research and development costs or bid and proposal costs, per the definition in FAR 31.205-18, that have been reimbursed directly or indirectly by a Federal agency or have been submitted to a Federal agency for reimbursement; or
(2) Foreign government funding.
``Nondevelopmental item'' is defined in FAR 2.101 and for the purpose of this subpart also includes previously developed items of supply that require modifications other than those customarily available in the commercial marketplace if such modifications are consistent with the requirement of DFARS 212.7102-2(d)(1).
Nontraditional defense contractor 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 of the following for the Department of Defense--
(1) Any contract or subcontract that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. section 1502 and the regulations implementing such section; or
(2) Any other contract in excess of the certified cost or pricing data threshold under which the contractor is required to submit certified cost or pricing data.
(b) Notice. This is a procurement action under section 866 of the National Defense Authorization Act for Fiscal Year 2011, Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items, and is subject to the limitations outlined in DFARS 212.7102.
(c) Representation. By submission of its offer, the offeror represents that it is a nontraditional defense contractor.
(End of provision) [76 FR 38050, June 29, 2011, as amended at 77 FR 35881, June 15, 2012]