Pub. L. 101-510, div. D, tit. XLIII (as amended)

(H) a small business concern that— (i) is a nontraditional defense contractor, as such term is defined in section 2302 of title 10, United States Code; or (ii) currently provides goods or services in the private sector that are critical to enhancing the capabilities of the defense supplier base and fulfilling key Department of Defense needs.