Non Manufacturer Rule Waiver.pdf

All SBA programs and services are extended to the public on a nondiscriminatory basis. 1

Office of Government Contracting and Business Development | 409 3rd Street SW | Washington DC 20416

October 16, 2025

Via Email: jonathan.hankin@gsa.gov

Mr. Jonathan Hankin Section Chief, SCM Facilities and Hardware Section 1 (QSCCCA) Supply Chain Management Contracting Division 1 U.S. General Services Administration Facilities and Hardware Supply Chain Management Contracting Division (SCMCD) General Supplies and Services (GSS) Federal Acquisition and Services (FAS)

RE: NMR Individual Waiver Request for Doors for a Secure Room

Dear Mr. Hankin:

On October 10, 2025, the U.S. General Services Administration (GSA), Facilities and Hardware Supply Chain Management Contracting Division (SCMCD), submitted a request to the U.S. Small Business Administration (SBA) for an individual waiver of the Nonmanufacturer Rule (NMR) for replacement doors for a secure room. The applicable North American Industry Classification System (NAICS) code is 332999 (All Other Miscellaneous Fabricated Metal Product Manufacturing). The solicitation number is 47QSSC255294 and the estimated contract value is $503,862. This procurement is for the doors but also installing and configuring the doors and connecting the locks to the electrical system. The NMR waiver applies only to the item and not to the associated services. The value of the manufactured doors is estimated to be $221,066.

13 CFR 121.406(b)(4):

The nonmanufacturer rule applies only to the supply component of a requirement classified as a manufacturing, supply, or ITVAR contract. If a requirement is classified as a service contract, but also has a supply component, the nonmanufacturer rule does not apply to the supply component of the requirement. The rental of an item(s) is a service and should be treated as such in the application of the nonmanufacturer rule and the limitation on subcontracting.

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

The waiver of the NMR on an individual procurement is provided for in section 8(a)(17) of the Small Business Act, 15 U.S.C. § 637(a)(17), and section 121.406(b)(5) of title 13 of the Code of Federal Regulations, 13 C.F.R. § 121.406(b)(5). At a minimum, an individual NMR waiver request must include a definitive statement of the specific item sought to be waived, a justification as to why the specific item is required, the proposed solicitation number, the NAICS code, the dollar amount of the procurement, a brief statement of the procurement history, and a Statement of Work (for contracts expected to exceed $500,000). 13 C.F.R. § 121.1204(b)(1). The term “item” can be a specific broad identifying thing (e.g., all spare parts related to aircraft X) but cannot be so broad as to have no real identification (e.g., all medical supplies).

In addition, the contracting officer must provide a determination that no small business manufacturer can reasonably be expected to submit an offer for the item that meets the specifications and solicitation requirements (including period of performance). This determination must be supported by a narrative of market research and supporting documentation. 13 C.F.R. § 121.1204(b)(1)(iii).

According to your submission, GSA seeks an individual NMR waiver for replacement doors at the Sensitive Compartmented Information Facility (SCIF), Osan Air Force Base, Republic of Korea. A SCIF is a secure room where sensitive information can be viewed and/or discussed to maintain the highest level of security and prevent outside surveillance. The doors must be Sound Group 4 having a Sound Transmission Class (STC) 50 rating or higher (the highest level), which means loud sounds within the SCIF can be heard only faintly or not at all outside the SCIF. The Radio Frequency shielding in the doors will be used to block radio frequency interference. The doors must have the following specifications:

Eight (8) ICD complaint primary entrance doors:

a. RF attenuation rating of 60 dB per NSA 94-106, IEE 299-2006, and MIL STD-285. Testing and certification must be 3rd party (not by door manufacturer).

b. Sound attenuation rating of STC-50 per ASTM E90.

c. Minimum of 3” thick door leaf combining radio frequency and sound attenuation into a single door leaf assembly.

d. Cam-lift hinges with one electrified to support ACS integration.

e. Hardware: LKM10K Type II equipped with CDX-10-night lock and a day lock as determined by the existing electronic AACS. This option works with the existing ACS to release the door handle for day use.

f. Closer; designed for high traffic and the weight of the door.

g. High-security switch (HSS) to replace the existing door contact. HSS shall be compliant with the latest Air Force Non-Nuclear Configuration Management Database (CMD). HSS shall be dual contact to provide a contact for IDS/tamper and a secondary contract as the door position switch for the

ACS.

All SBA programs and services are extended to the public on a nondiscriminatory basis. 3

Six (6) ICD 705 compliant interior vestibule doors:

a. Sound attenuation rating of STC-50 per ASTM E90.

b. Minimum of 1-3/4” thick door leaf.

c. Hardware: i. Depending on the existing AACS configuration, provide a simple mechanical AACS lock or an integrated electronic AACS lock. The simple mechanical AACS would consist of a Simplex L1011 5-button cypher lock or 52FW selected equivalent. The electronic AACS would be an electrified mortise lock handle set that would release or secure the latch as commanded by the electronic AACS system.

d. The door will also be equipped with an electrified hinge or hinge power transfer device to wire up the electrified mortise lock.

e. Closer; designed for high traffic and the weight of the door.

f. High-security switch (HSS) to replace the existing door contact. HSS shall be compliant with the latest Air Force Non-Nuclear CMD. HSS shall be dual contact to provide a contract for IDS/tamper and a secondary contract as the door position switch for the AACS.

GSA issued the solicitation as a small business set-aside with the expectation that there were small manufacturers; however, the result of the solicitation was that all four offerors submitted products from the same manufacturer (Kreiger Specialty Products, which is a part of Allegion Americas segment, a large business). All four vendors are small business distributors and cannot meet the Nonmanufacturer Rule’s requirement that the product be manufactured by a domestic small business. Because of the specialized nature of the doors, there were no small business manufacturers.

As the GSA has demonstrated no small business manufacturer can reasonably be expected to submit an offer for the doors and that it is in the best interest of the government for the waiver to be granted, an individual waiver is granted.

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 request and receive a new waiver before entering into the contract’s sixth year.

Notice that an individual waiver has been granted must be published with so that potential offerors are aware of the waiver and the specific item(s) covered. 13 C.F.R. § 121.1206. GSA has indicated that it will amend the solicitation to allow the vendors a reasonable amount of time to respond to the waiver. The effect of this waiver is to allow an otherwise qualified small business to supply the item of an other-than-small manufacturer or processor on this intended 8(a) set-aside contract. However, All SBA programs and services are extended to the public on a nondiscriminatory basis. 4 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. Please inform SBA of the date you enter a contract using this waiver, the contract number, the actual dollar value of the contract, the name of the awardee and its size status. Should you have any questions or require any additional information, please contact Stephanie Lewis (817) 684-5303 or stephanie.lewis@sba.gov

Sincerely, Sandra Barrett, Acting Director Office of Government Contracting