SIR Attachment 7_ SAVES NMR Waiver_FE_Amend0002.pdf

Federal Aviation Administration

Memorandum

Date: August 27, 2026

To: Memo for File

From: Karina Espinosa, Manager, UAS, Emerging Technologies and SAVES

Subject: NMR waiver

1.Introduction:

Per 49 U.S.C. 40110(d)(2), the Small Business Act (SBA) does not apply to FAA procurements.

Therefore, the Small Business Administration’s Nonmanufacturer Rule, and its waiver process, does not apply to the FAA. Nonetheless, the Contracting Officer, in conjunction with the FAA’s Small Business Program, made a similar determination to address and ensure appropriate consideration of the language found in AMS Clause 3.6.1-7(b)(2) and NAICS Code 325992, which are conceptually related to the Nonmanufacturer Rule.

In accordance with AMS Guidance T.3.6.1.A.1(e), the Contracting Officer requests that FAA Small Business Office (AAP-20) adopt the following SBA class waiver1 of the Nonmanufacturer rule for recompete solicitation 697DCK-25-R-00368 for the Printer Consumables Contract (hereafter the “Contract”). The Federal Aviation Administration (FAA) seeks to enter a 60-month single award Indefinite Delivery Indefinite Quantity (IDIQ) contract for the purchase of printer consumables within the 48 United States, and the District of Columbia, to include non-foreign Outside Continuous United States locations. The FAA intends to acquire multiple brands and models of printer consumables set forth in Attachment IV – Printer Consumables List.

This requirement supports the Federal Aviation Administration (FAA) agency-wide Strategic Sourcing for the Acquisition of Various Equipment and Supplies (SAVES) program. The Office of Information and Technology (AIT) is seeking an agency-wide indefinite delivery indefinite quantity (IDIQ) contract vehicle that will support FAA’s toner and printer consumable needs.

The products included in this contract consist of 750 + items of toner and printer consumables.

All supplies provided under this Contract will be performed in accordance with the attached Statement of Work (SOW) including the SOW attachments along with other documents listed in Section J of this Screening Information Request (SIR). The minimum ordering obligation under

1 Found at https://www.federalregister.gov/documents/2005/11/15/05-22567/small-business-size-standards-waiver-of-the-nonmanufacturer-rule.

this Contract is $1,000.00. The Government has no obligation to order additional consumables to the Contractor beyond the minimum ordering obligation specified. The requested Nonmanufacturer class waiver will apply to the entire Contract and cover all 750+ toner ink products.

2. Market Research

This multi-item acquisition will have more than 50% of the estimated contract value composed of items manufactured by other than small concerns. Small business resellers must provide printer toner from 8 required Original Equipment Manufacturers (OEMs), who manufacture the products that will be ordered under the future Contract (the list is below):

Brother Canon Dell Epson

HP

Lexmark Okidata Xerox

No additional Market Research is required since the SBA has already issued a class waiver that covers this requirement. The Contractor must provide OEM products whenever possible. Generic or off-brand products (non-OEMs) may only be substituted when OEM products are not available, and with prior approval from the CO before making a substitution. The Contractor may propose alternate cartridges if OEM cartridges are not available. Non-OEM cartridges must meet all the salient physical, functional, or performance characteristics of the OEM cartridge.

The Contractor must provide the COR, the item number, description, hyperlink, and source of the Non-OEM cartridge being proposed. Final approval/rejection for the Non-OEM cartridge will be per the FAA CO. OEM products are required under the Contract to avoid disruption of service or non-compliant toners from being installed on FAA printers. Therefore, the OEM list represents approved products available for use within the FAA Environment and are required under the Contract.

2. Contracting Officer Determination

No small business manufacturer or processor can reasonably be expected to offer printer toner products of these 8 OEMs meeting the brand-name specifications of the solicitation. Therefore, the Contracting Officer requests the FAA Small Business Office (AAP-20) adopt the SBA class waiver for the printer toner products listed above.

Manager, UAS, Emerging Technologies and SAVES, AAQ-590 FAA Small Business Office

Manager (Acting)