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  • Question

    If an SBA waiver is granted to a NAICS and PSC does that relieve the requirements of the Buy American Act?


    Answer

    Bottom line to your question of if an SBA waiver is granted does that relieve the requirements of the Buy American Act....The answer is no. Title 13 USC Chapter 1, Part 121.406(b)(7) state, "SBA's waiver of the nonmanufacturer rule means that the firm can supply the product of any size business without regard to the place of manufacture. However, SBA's waiver of the nonmanufacturer rule has no effect on requirements external to the Small Business Act which involve domestic sources of supply, such as the Buy American Act or the Trade Agreements Act." https://www.ecfr.gov/cgi-bin/text-idx?SID=7c88c0f16c0ef6b25c7349dd04c57896&mc=true&node=pt13.1.121&rgn=div5#se13.1.121_1406.


    FAR 25.103(b), Nonavailability.  The Buy America statute does not apply as your requirement also appears to be a brand name sole source.  All of the FAR 25.103(b)(3) requirements are not met as this is a set-aside, therefore a written determination is required. 

    More references: CLC 027, Buy America Statute, Lesson 2, page 8; Lesson 3 pages 10 and 14. 
     


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