Questions.docx
DOCX document 17 KB Posted
- Attached to
- 3930--FORKLIFT TOPEKA VA MEDICAL CENTER
- Solicitation number
- 36C25526Q0355
About this file
This file is a Questions and Answers document addressing small business eligibility and contracting requirements for a forklift procurement by the Department of Veterans Affairs Topeka VA Medical Center.
The document clarifies two critical contracting issues: First, NAICS code 333924 (forklift manufacturing) has an SBA class waiver for the nonmanufacturer rule, allowing small businesses to supply forklifts from any manufacturer without requiring an additional waiver. Second, an SDVOSB (Service-Disabled Veteran-Owned Small Business) may submit a proposal as an authorized distributor/reseller, providing the forklift and all required services—including delivery, installation, staff training, warranty, and within-30-mile service—through an authorized local dealer. This approach satisfies FAR 52.219-33 requirements for nonmanufacturers/resellers, as the SDVOSB would take possession of the equipment, engage in wholesale/retail trade of the item, and provide an end item it did not manufacture. The SOW's language explicitly permitting "authorized distributors" supports this contracting model, eliminating any need for further waivers or exceptions.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Questions 06022026.docx | DOCX document | |
| Questions 052926.docx | DOCX document | |
| width or door opening dimensions of the shipping container.docx | DOCX document | |
| Lift Height 118.docx | DOCX document | |
| 36C25526Q0355.pdf |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Question
1. Nonmanufacturer rule: as the major forklift manufacturers are large businesses, does an SBA class waiver apply for NAICS 333924, or is the nonmanufacturer rule otherwise satisfied for this acquisition?
Answer
1. NAICS 333924 has a non‑manufacturer rule class waiver. This confirms that SBA has granted a class waiver for this NAICS, waiving the requirement to supply a product from a small business manufacturer. Therefore, the nonmanufacturer rule is satisfied—a small business can supply forklifts from any manufacturer under this NAICS without further waiver steps.
Question
2. The Statement of Work references the contractor "as the manufacturer or an authorized distributor." Is a quote from an SDVOSB that supplies the unit and all required services (delivery, installation, staff training, warranty, and within-30-mile service) through an authorized local dealer acceptable?
Answer The SDVOSB’s proposal—supplying the forklift and all services through an authorized local dealer—is acceptable under the nonmanufacturer rule and consistent with the SOW:
· They qualify as a nonmanufacturer/reseller under FAR 52.219‑33,
· They are an authorized distributor per SOW terms,
· They will fulfill delivery, installation, training, warranty, and local service obligations.
No further waiver or exception is needed.
Under FAR 52.219‑33(c), a nonmanufacturer (reseller) is acceptable if:
1. It is primarily engaged in retail or wholesale trade of the item being supplied,
1. Takes ownership/possession of the item with its facilities or personnel,
1. And provides an end item it did not manufacture
Since the Statement of Work allows an “authorized distributor,” and the SDVOSB will:
1. Provide the forklift unit,
1. Deliver, install, train staff,
1. Offer warranty and local (within-30-mile) service through an authorized local dealer, It meets the nonmanufacturer requirements:
1. They act as a reseller/distributor (authorized dealer relationship),
1. They handle end-to-end services and take possession,
1. The SOW explicitly permits this model.
File details come from the government source that posted it. Updated .