212.7002-2  Subcontracts under the program.

(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.