§ 121.1202. When will a waiver of the Nonmanufacturer Rule be granted for a class of products?
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/us/cfr/t13/s§ 121.1202·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A waiver for a class of products (class waiver) will be granted when there are no small business manufacturers or processors available to participate in the Federal market for that class of products.
(b)Federal market means acquisitions by the Federal Government from offerors located in the United States, or such smaller area as SBA designates if it concludes that the class of products is not supplied on a national basis.
(1)When considering the appropriate market area for a product, SBA presumes that the entire United States is the relevant Federal market, unless it is clearly demonstrated that a class of products cannot be procured on a national basis. This presumption may be particularly difficult to overcome in the case of manufactured products, since such items typically have a market area encompassing the entire United States.
(2)When considering geographic segmentation of a Federal market, SBA will not necessarily use market definitions dependent on airline radius, political, or SBA regional boundaries. Market areas typically follow established transportation routes rather than jurisdictional borders. SBA examines the following factors, among others, in cases where geographic segmentation for a class of products is urged:
(i)Whether perishability affects the area in which the product can practically be sold;
(ii)Whether transportation costs are high as a proportion of the total value of the product so as to limit the economic distribution of the product;
(iii)Whether there are legal barriers to transportation of the item;
(iv)Whether a fixed, well-delineated boundary exists for the purported market area and whether this boundary has been stable over time; and
(v)Whether a small business, not currently selling in the defined market area, could potentially enter the market from another area and supply the market at a reasonable price.
(c)Available to participate in the context of the Federal market means that contractors exist that have been awarded or have performed a contract to supply a specific class of products to the Federal Government within 24 months from the date of the request for waiver, either directly or through a dealer, or who have submitted an offer on a solicitation for that class of products within that time frame.
(d)Class of products is an individual subdivision within an NAICS Industry Number as established by the Office of Management and Budget in the NAICS Manual. \[61 FR 3286, Jan. 31, 1996, as amended at 65 FR 30863, May 15, 2000\]
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- Rules and RegulationsNotice
- NoticesNotice of Waiver of the Nonmanufacturer Rule for Commercial Laundry Equipment
- NoticesNotice of extension of comment period
- Rules and RegulationsNotice of intent to waive the Nonmanufacturer Rule for Liquid Propane Gas (LPG)
- Proposed RulesNotice of intent to waive the Nonmanufacturer Rule for recreational and gymnastic equipment consisting of manufactured kettlebells, rubber machine balls, Olympic weight plates, stretch bands, and spring collars under North American Industry Classification System Code (NAICS) 339920 and Product Service Code (PSC) 7830
- Rules and RegulationsNotice of change to the Nonmanufacturer Rule
- NoticesNotice of intent to waive the Nonmanufacturer Rule for Forklifts Manufacturing
- NoticesNotice of Waiver to the Nonmanufacturer Rule for Herbicides, Insecticides, and Fungicides, under Product Service Code (PSC) 6840, under North American Industry Classification System (NAICS) code 325320, Pesticides and Other Agricultural Chemical Manufacturing
- NoticesNotice of the OMB review of information collection and solicitation of public comment
- NoticesNotice of intent to rescind the class waiver of the Nonmanufacturer Rule for NAICS Code 335999, *All Other Miscellaneous Electrical Equipment and Component Manufacturing
- NoticesNotice of waiver of the Nonmanufacturer Rule for Safety Zone Rubber Gloves Manufacturing product number 9999
- NoticesOn April 16, 2001, SBA granted a Class Waiver of the Nonmanufacturer Rule (NMR) for Aerospace Ball and Roller Bearings, North American Industry Classification System (NAICS) code 332991, Product Service Code (PSC) 3110
- NoticesNotice of proposed retraction of a Class Waiver from the Nonmanufacturer Rule for Product Service Code (PSC) 9130, Liquid Propellants—Petroleum Base, under North American Industry Classification System (NAICS) code 324110 (Petroleum Refineries)
- NoticesNotice to waive the Nonmanufacturer Rule for Photographic Film, Paper, Plate, and Chemical Manufacturing
- NoticesNotice of waiver of the Nonmanufacturer Rule for certain Petroleum Products
- Rules and RegulationsNotice of intent to waive the nonmanufacturer rule for configured tape library storage equipment
- NoticesNotice
- NoticesNotice of meeting
- NoticesNotice of Retraction of a Class Waiver SUMMARY: The U
- NoticesNotice of intent to waive the Nonmanufacturer Rule for leather holsters (M18 System) and accessories under NAICS code 316998/PSC 8465
- Rules and RegulationsNotification of intent to terminate the class waiver to the Nonmanufacturer Rule for radiology equipment
- NoticesNotice of Availability (NOA)
- NoticesNotice of Waiver to the Nonmanufacturer Rule for Laboratory Equipment Manufacturing (Not-Portable)
- Rules and RegulationsNotice of intent to terminate the class waiver to the Nonmanufacturer Rule
- NoticesAmendment 1
- Rules and RegulationsNotice of intent to terminate the class waiver to the Nonmanufacturer Rule
- NoticesNotice
- NoticesNotice of termination of class waiver to the Nonmanufacturer Rule
- NoticesNotice
- Notices60-Day Notice of Information Collection Under Review: Reinstatement—Crime Mapping Survey
- NoticesNotice of Final Action: Partial Waiver Rescission of the Nonmanufacturer Rule for Aerospace Ball and Roller Bearings
- NoticesNotice of information collection
- NoticesNotice of denial to waive the Nonmanufacturer Rule for Forklifts Manufacturing
- NoticesNotice of Waiver to the Nonmanufacturer Rule for Woven and Knit impregnated with Flat Dipped Rubber/Plastic Gloves
- Rules and RegulationsNotice of intent to waive the Nonmanufacturer Rule for diabetic test strips
- NoticesNotification of waiver of the Nonmanufacturer Rule for diabetic test strips
- NoticesAmendment 6
- NoticesNotice of Denial to Waive the Nonmanufacturer Rule for Eyeglass Frames
- NoticesNotice of intent to waive the Nonmanufacturer Rule for diabetic test strips
- NoticesNotice
- NoticesNotification of termination of the class waiver to the Nonmanufacturer Rule for radiology equipment
- NoticesNotification of class waiver of the Nonmanufacturer Rule for dental equipment and supplies
- Rules and RegulationsProposed rule
- NoticesNotification of waiver of the Nonmanufacturer Rule for commercially available off-the-shelf laptop and tablet computers
- NoticesNotice of intent to waive the Nonmanufacturer Rule for Herbicides, Insecticides, and Fungicides, under Product Service Code (PSC) 6840, under North American Industry Classification System (NAICS) code 325320, Pesticide and Other Agricultural Chemical Manufacturing
- NoticesNotice of intent to waive the Nonmanufacturer Rule for Scientific Vacuum Pumps
- NoticesNotice of intent to waive the Nonmanufacturer Rule for surgical beds under North American Industry Classification (NAICS) code 339113 and Product Service Code (PSC) 6515
- NoticesNotice of intent to waive the nonmanufacturer rule for dental equipment and supplies
- NoticesNotice
- Rules and RegulationsNotification of intent to terminate the class waiver to the Nonmanufacturer Rule for radiology equipment
- NoticesNotice to waive the Nonmanufacturer Rule for Commercial Refrigerator Equipment
- NoticesNotice of intent to waive the Nonmanufacturer Rule for commercially available off-the-shelf laptop and tablet computers under NAICS code 334111/PSC 7435
- Rules and RegulationsFinal rule
- NoticesNotice of intent to waive the Nonmanufacturer Rule for Compressed and Liquefied Gases
- NoticesNotice of waiver of the Nonmanufacturer Rule for household laundry equipment
- NoticesNotice of proposed amendments to sentencing guidelines, policy statements, and commentary
- Rules and RegulationsNotification of waiver of the Nonmanufacturer Rule for positive airway pressure devices
- NoticesNotice of Final Action: Granting Class Waiver of the Nonmanufacturer Rule for Commercial-Type Ovens, Ranges, and Gas ranges as listed under the North American Industry Classification System (NAICS) code 333318 (Other Commercial and Service Industry Machinery Manufacturing)
- NoticesNotice of intent to waive the Nonmanufacturer Rule for GEN II and GEN III Image Intensifier Tubes
- Rules and RegulationsNotice of intent to waive the Nonmanufacturer Rule for Improved Outer Tactical Vests and related accessories under Product Service Code (PSC) 8470 (Armor Personal) under North American Industry Classification System (NAICS) code 339113 (Surgical Appliance and Supplies Manufacturing)
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§ 121.1202
When will a waiver of the Nonmanufacturer Rule be granted for a class of products?
Fed. Reg.×105
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