(a) A subcontract for an item or process that does not meet the definition of “commercial item” may be treated as a subcontract for a commercial item, if the subcontract-
(1) Is for the production of an item or process begun as a prototype project under an other transaction agreement or as a research project carried out in accordance with 10 U.S.C. 2371;
(2) Does not exceed $50,000,000;
(3) Is awarded on or before September 30, 2010;
(4) Is awarded to a nontraditional defense contractor; and
(5) Is either-
(i) A firm-fixed-price subcontract; or
(ii) A fixed-price subcontract with economic price adjustment.
(b) See 212.7003 for special procedures pertaining to technical data and computer software.
