# § 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.
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**Source Credit**: (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.)
## Editorial Notes
### Codification
Section 1821(a)(1), (2) of transferred chapter 140 of this title (§§ 2375 to 2380b) to this chapter and renumbered all the sections within it, except for final section 2380b. At that point, the last two sections of this chapter were this section (renumbered from section 2380a) followed by section 2380b. Section 1821(b)(7)(A) subsequently struck out “the heading of the final section of” this chapter, which was executed by incorporating the text of former section 2380b at the end of this section. The text of was based on , , ; , (8)(G), , , 1869; , , .
### Prior Provisions
A prior section 3491 was renumbered .
Prior sections 3492 and 3493 were repealed by , (b), , .
Section 3492, , , provided for extension of active service of Army members during war. See .
Section 3493, , , empowered the President to order commissioned officers of the Army Reserve to active duty with the Corps of Engineers.
A prior section 3494, added , , ; amended , , , provided that a reserve commissioned officer who is ordered to active duty be ordered to that duty in his reserve grade unless the Secretary of the Army orders him to active duty, other than for training, in a higher temporary grade and authorized a reserve commissioned officer who is selected for participation in a program under which he will be ordered to active duty for at least one academic year at a civilian school or college to be ordered, upon his request, to that duty in a temporary grade that is lower than his reserve grade, without affecting his reserve grade, prior to repeal by , title VII, § 701, , , 2955, effective . See .
Prior sections 3495 to 3500 were repealed by , §§ 1662(f)(2), 1691, , , 3026, effective .
Section 3495, , , provided that members of Army National Guard of United States were not in active Federal service except when ordered thereto under law. See .
Section 3496, , , authorized President to order commissioned officers of Army National Guard of United States to active duty in National Guard Bureau. See section 12402(a), (b)(1) of this title.
Section 3497, , , provided that members of Army National Guard of United States ordered to active duty were to be ordered to duty as Reserves of Army. See .
Section 3498, , , related to organization during initial mobilization of units of Army National Guard of United States ordered into active Federal service. See .
Section 3499, , , related to application of laws governing Army to members of Army National Guard called into Federal service. See .
Section 3500, acts , ; , , (3), , authorized President to call Army National Guard units and members into Federal service. See .
### Amendments
2021—, renumbered as this section.
Subsecs. (a), (b). , substituted “section 3451(1)” for “section 2376(1)” and “section 3014” for “section 2302(9)”.
Subsec. (c). , (B), transferred to this section and struck out section designation and catchline, designated text as subsec. (c) and inserted heading, and substituted “Notwithstanding section 3451(1)” for “Notwithstanding section 2376(1)”. See Codification note above.
2018—, substituted “products and services as commercial products and commercial services” for “items as commercial items” in section catchline.
Subsec. (a). , substituted “products and” for “items and” and “commercial products and commercial services, respectively,” for “commercial items”.
Subsec. (b). , substituted “commercial services” for “commercial items”.
2016—, which directed amendment of “” by striking out the section catchline and inserting “§ 2380a. Treatment of certain items as commercial items”, was executed by redesignating this section as section 2380a and substituting “Treatment of certain items as commercial items” for “Treatment of goods and services provided by nontraditional defense contractors as commercial items” in section catchline, to reflect the probable intent of Congress.
, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
## Statutory Notes and Related Subsidiaries
### Effective Date of 2021 Amendment
Amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .
### Effective Date of 2018 Amendment
Amendment by effective , subject to a savings provision, see , set out as an Effective Date of 2018 Amendment; Savings Provision note under , Domestic Security.