With all the hype dished out about no contract with the government. Where there's a will there's a way. Could this be one?
Non-manufacturer Waiver Information
In order to qualify as a small business concern for a small business set-aside, service-disabled veteran-owned small business set-aside or sole source contract, HUBZone set-aside or sole source contract, WOSB or EDWOSB set-aside or sole source contract, 8(a) set-aside or sole source contract, partial set-aside, or set aside of an order against a multiple award contract to provided manufactured products or other supply items, an offer must either manufacture the item in accordance with the Limitations on Subcontracting (see FAR section 52.219-14, 52.219-27 and 13 C.F.R. section 125.6)) or supply the product of a small business made in the United States.
The requirement that a non-manufacturer supply the product of a small business concern is commonly referred to as the Non-manufacturer Rule. 13 C.F.R. section 121.406. The Small Business Act also contains provisions that allow the Administrator of the SBA to waive this requirement when there are no small business manufacturers or processors available to supply the product to the Federal Government. The Administrator has delegated the authority to make decisions on waivers of the Non-manufacturer Rule to the Associate Administrator for Government Contracting in the following cases:
Individual waiver. After reviewing a determination by a contracting officer that no small business manufacturer or processor can reasonably be expected to offer a product meeting the specifications (including period of performance) required of an offeror or by the solicitation; or
Class waiver. For a product or class of products after determining that no small business is available to participate in the Federal procurement market. To see Class Waivers click here.
For the purpose of waivers, a class of products is defined based on the Office of Management and Budget's North American Industry Classification (NAICS) Manual and the General Services Administration's Product and Service Code (PSC) Directory. Within each NAICS code and PSC are subdivisions of products that can be considered for waiver. A request for a waiver of a class of products should refer to a specific subdivision, or statement of product, within the NAICS and PSC.
Any individual or organization (government agency, business, association, etc.) may request a waiver for a class of products. The request should be in writing addressed to the Associate Administrator for Government Contracting and should specifically state the class.
