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  • Question

    Can Yamaha Motorcycles that are are manufactured in Indonesia be legally procured by the DoD utilizing Small Business Set Asides? I understand Small Business Set Asides are largely exempt from TAA however I cannot fully piece together a solid answer.


    Answer

    This appears to be a nonmanufacturer rule question. See 19.505(c) nonmanufacturer rule and 19.505(c)(4) Waiver of nonmanufacturer rule. Part 19 - Small Business Programs | Acquisition.GOV and Nonmanufacturer rule (sba.gov)

    (i)The SBA may grant an individual or a class waiver to the nonmanufacturer rule to allow a nonmanufacturer to provide an end item of an other than small business without regard to the place of manufacture, processing, or production.

    Typically, a small business must manufacture the product or use a small business manufacturer to be able to do a set-aside.  A number of questions come up, such as dollar value, is this a brand name sole source for Yamaha motorcycles?

    Please consult with your small business professional and SBA procurement center representative.

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