Are Small Business Concerns "Nontraditional Defense Contractors?" in Don Mansfield's Blog A blog by Don Mansfield Posted April 3 · Report reply @Don Mansfield – As I understand the new 252.215-7010 clause exceptions to cost or price data are – prices set by law/regulation and commercial item. As provided by the 252.215-7013 provision a product/service of a non-traditional defense contractor is treated as if, but is not, a commercial item. My read is that a non-traditional defense contractor only exists if the CO determines prior to the solicitation stage that there companies out there that are non-traditional defense contractors. After that, lets say prior to award but after solicitation closes or even after award (modification), a contractor could not say they are a non-traditional contractor and propose that they do not have to provide cost or pricing data. Conclusion on my part - Market research and the CO electing to take the “may” option and solicits the need (otherwise a non-commercial item) under FAR Part 12 provides the only opportunity for a non-traditional defense contractor to not provide certified cost or pricing data. There is no provision or clause that allows after the CO’s initial determination at solicitation for a contractor to say I am a non-traditional defense contractor that allows the CO to say yep you are right and cost or pricing data is not required. Exception would be if the CO was convinced that market research was flawed and many non-traditional’s were competing and change the solicitation to a commercial item acquisition.