Attachment_2_-_Nonmanufacturer_Rule_(NMR)_waiver.pdf

VIA Email

July 26, 2017

Mr. Patrick Staines Contracting Officer National Institute of Standards and Technology Gaithersburg, MD 20899-0001

RE: SOLICITATION SB1341-17-RQ-0786

Dear Mr. Staines, This letter is in response to your request dated July 26, 2017, for an individual waiver of the Nonmanufacturer Rule (NMR) under NAICS Code 333911 (Pump and Pumping Equipment Manufacturing) to allow a set-aside for small business for the proposed acquisition. Based on the justification below, a waiver of the NMR is hereby established for a one-time purchase of Vacuum Pumps under solicitation number

SB1341-17-RQ-0786.

The request for an individual waiver of the NMR is approved. An explanation of the determining factors follows.

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 CFR § 121.406(b)(5). At a minimum, an individual NMR waiver request must include the specific item to be waived, 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 CFR § 121.1204(b)(1).

Your waiver request includes all of the above information.

In addition, the contracting officer must provide a determination that no small business manufacturer can reasonably be expected to offer the product(s) required under the solicitation. This determination must be supported by a narrative of market research and supporting documentation. 13 CFR § 121.1204(b)(1)(iii).

You claim that no small business manufacturers of Vacuum Pumps can meet the specifications of this solicitation. In support of this claim, you have provided evidence of two Sources Sought Notices posted to FedBizOpps as well as a DSBS search under the relevant NAICS code. The second Sources Sought Notice included language specifically seeking small business manufacturers of Vacuum Pumps. You were able to communicate

U.S. SMALL BUSINESS ADMINISTRATION

WASHINGTON, DC 20416

SB1341-17-RQ-0786 - Attachment 2 - NMR Waiver directly via email with the small businesses identified on DSBS. The results of all of this market research indicate that you received no responses from any small business manufacturers of these items.

Thus, an individual waiver of the NMR is justified.

This waiver applies only to this one-time award and does not apply to modifications outside the scope of the contract or other procurement actions. 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 small business 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.

Please also note that this individual waiver will expire on July 26, 2018. If you need an extension, please contact our office.

If you have any questions or require any additional information, please contact

Mr. Roman Ivey of my staff at 202-401-1420.

Sincerely, Seán F. Crean RADM, SC, USN (ret) Director Office of Government Contracting U.S. Small Business Administration cc (via email):

Forest T. Crumpler

SB1341-17-RQ-0786 - Attachment 2 - NMR Waiver