Non-manufacturer Rule Waiver
Started by DCGOVLAW · Mar 1, 2014 · 2 replies
- DOriginal post
DCGOVLAW
Mar 1, 2014 · 12y ago
I am looking at a small business set aside for supplies that has been assigned a NAICS code with a 1,000 employee size standard. There is a class waiver for this NAICS code and the supplies required by the RFP. I have been unsuccessfully searching for guidance, i.e., a reg or anything, concerning the applicability of waivers and the proper size. That is, if there is a class waiver, is the proper size still 500 under the NMR or is it 1,000 as listed on the SF1449?
I read the waiver of the NMR only to apply to the requirement that the small business must provide the supplies of another small business (notwithstanding my note below). Others here read the waiver of the 500 employee standard of the NMR. Any assistance is greatly appreciated.
Importantly, the regulation as currently included in the 2013 version of the CFR is incorrect. The old version of 13 CFR 121.406(
(1)(iii) stated "Will supply the end item of a small business manufacturer or processor made in the United States, or obtains a waiver of such requirement pursuant to paragraph (
(3) of this section." This section was amended in 2012 to state "Takes ownership or possession of the item(s) with its personnel, equipment or facilities in a manner consistent with industry practice". The old section (iii) was moved to subpart (iv). However, the current reference in the waiver section still refers back to (
(1)(iii). So as the regulation currently reads the agency is waiving the requirement for ownership and possession NOT the requirement for supplying the end of item another small business.Thanks again!!
edited to add that when I post it changes my b to a smiley face. I don't know how to make that not happen. So wherever there is a face it is really a b. I do not have a smiley face after wading through all this NMR junk.
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Deaner
Mar 1, 2014 · 12y ago
If I understand your question right, the way I understand it is 500 employees is the size standard for the purposes of the NMR for the fact patterns you described.
http://www.sba.gov/tools/sites/default/files/nmr_transcript_1.pdf
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Guest Vern Edwards
Mar 1, 2014 · 12y ago
The easiest way to get rid of the happy face is to type a "b" in parentheses like this: ( b ).