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  • Question

    When a waiver to the NMR is granted because "no known domestic small business manufacturer or processor can reasonabley be expected to offer a product meeting the requirements of the solicitation," may the Small Business Prime provide the product of a non-US company, or is the waiver only applicable to the size of the company, i.e., large or small business and not to its status as a US or foreign company?


    Answer

    The language in FAR Part 19 regarding waivers to the Nonmanufacturer Rule is focused on waiving the requirement that the manufacturer be a small business. There is no indication that the waiver also pertains to the requirement that the manufacturer be a domestic company. To answer your immediate question, the waiver is only applicable to the size of the company.

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