Answers_to_Questions_1.docx

Answers to Questions #1 Custom Designed Video in Print Combined Synopsis/Solicitation

FDA-SOL-13-1115725

1. Can the video players be manufactured in China and then incorporated with cards that are printed and assembled in the US?

Government Answer: The FAR clause 52.219-14 Limitations on Subcontracting apply to the acquisition. See http://www.acquisition.gov/far/html/52_217_221.html. This clause essentially means that the prime small business contractor must perform work for at least 50 percent of the cost of manufacturing the supplies (not including the cost of materials) and at least 50 percent of the cost of contract performance of the services portion. However, an exception to the manufacturing portion of the clause applies to vendors deemed as a non-manufacturer. For more information regarding the non-manufacturing rule, see http://www.sba.gov/content/non-manufacturer-waivers. The NAICS code for this procurement does not have a class waiver, so the only way a vendor can qualify as a non-manufacturer is if, among other things, it supplies the product of a small business made in the United States.