FAR 52.219-33 — Nonmanufacturer Rule
Allows small business resellers/distributors to qualify as small business on supply contracts if they supply products manufactured by another small business (or qualify for a waiver).
When This Clause Applies
Required in supply contracts set aside for small business where the prime is not the manufacturer.
What This Means for Contractors
Nonmanufacturer small business primes must supply products from a U.S. small business manufacturer OR obtain a class waiver from SBA. Class waivers exist for many product categories; check the SBA waiver list before assuming compliance.
Common Pitfalls
- 1Supplying products from large business manufacturers without a class waiver
- 2Not verifying current SBA class waiver status
- 3Confusing nonmanufacturer rule with limitations on subcontracting (different requirements)
Related Topics
Related Clauses
Limitations on Subcontracting
Sets the percentage of work a small business prime must self-perform on a set-aside contract (currently 50% for services and supplies, with similar limits for construction).
Notice of Total Small Business Set-Aside
Restricts competition to small business concerns for the specific NAICS code identified in the solicitation.
Continue Your Research
GSA Procurement Guide
GSA Schedule, OASIS+, and Polaris drive significant small business contracting.
VA Procurement Guide
Veterans First Contracting Program — strongest SDVOSB/VOSB pipeline in the government.
NAICS 518210 — Data Processing, Hosting, and Related Services
Find federal contracts under NAICS 518210. Common agencies, set-asides, contract values.
NAICS 541330 — Engineering Services
Find federal contracts under NAICS 541330. Common agencies, set-asides, contract values.
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