Attachment 5 - Redacted NMR Individual Waiver.pdf

All SBA programs and services are extended to the public on a nondiscriminatory basis. 2

The USAF has identified Collins Aerospace SCISR 2 Communications Radios as the only products that will meet its needs. This is because these radios are required for the Tactical Data Networks (TDN) Lab technology refresh to test and evaluate gateway platforms and future communications packages being developed within the C3N Program Office. They are required to maintain interoperability and evaluate new waveforms for the USAF. The radios are a proprietary design exclusively manufactured by Collins Aerospace, a large business. The agency’s market research included that this is a brand name only request and confirms that Collins Aerospace is the original equipment manufacturer and only source for these proprietary radios. No small business holds the tooling or proprietary intellectual property to manufacture this hardware. Consequently, no small business can meet the requirements of the Nonmanufacturer Rule for this acquisition. The USAF has identified small businesses that can provide the required Collins Aerospace SCISR 2 Communications Radios as authorized resellers.

Since the USAF has demonstrated no small business can meet the specifications of the contract as a manufacturer, an individual waiver is appropriate in this instance. This individual waiver applies to this one-time award only and does not apply to modifications to the scope of the contract or other procurement actions. Modifications determined by the contracting officer to be within the scope of the contract will require an additional waiver. 13 C.F.R. § 121.1203(b).

This individual waiver is good for the duration of the contract provided that it does not exceed five years. At the end of the fifth year, whether the contract is in the base period or an option period, the agency must submit and receive a new waiver before entering into the contract’s sixth year.

Notice of this waiver must be published with the solicitation so that potential offerors are aware of the waiver and the specific product(s) covered. 13 C.F.R. § 121.1206. The effect of this waiver is to allow an otherwise qualified small business to supply the product of an other-than-small manufacturer or processor on this intended set-aside contract. However, it must be emphasized that this waiver of the NMR does not waive other legal requirements applicable to Government procurements, such as the Buy American Act and the Trade Agreements Act.

This individual waiver must be used within one year of issuance. If that time period expires, the agency may request a waiver extension by contacting nmrwaivers@sba.gov. When the contract is awarded, please email nmrwaivers@sba.gov with the contract number, date of award, award dollar value, and the name of the awardee and its size status. Should you have any questions or require any additional information, please contact .

Sincerely, Larry Stubblefield Deputy Associate Administrator