Amendment 1: Consolidated Questions - Clarifications

Eligibility and Subcontracting
Q1. Does the nonmanufacturer rule (FAR 52.219-33) apply to this acquisition given its estimated value, and does the exception at 13 CFR 121.406(c) apply? May a small business nonmanufacturer supply bagged ice melt and bulk salt produced by an other-than-small manufacturer, and is a class waiver available for NAICS 325998 / PSC 6810? If no small business manufacturer can supply the 350 tons of bulk salt, is a waiver available? Answer: The nonmanufacturer rule (FAR 52.219-33) is applicable.

52.219-33 Nonmanufacturer Rule
(a) Definitions. As used in this clause—
Manufacturer means the concern that transforms raw materials, miscellaneous parts, or components into the end item. Concerns that only minimally alter the item being procured do not qualify as manufacturers of the end item. Concerns that add substances, parts, or components to an existing end item to modify its performance will not be considered the end item manufacturer, where those identical modifications can be performed by and are available from the manufacturer of the existing end item. Nonmanufacturer means a concern, including a supplier, that provides an end item it did not manufacture, process, or produce.
(b) Applicability.
(1) This clause does not apply to contracts awarded pursuant to the unrestricted portion of a partial set-aside or to a contractor that is the manufacturer of the product or end item. (2) This clause applies to—
(i)Contracts that have been awarded pursuant to a set-aside, in total or in part, for any of the small business concerns identified in 19.000(a)(3);
(ii)Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(iii)Orders expected to exceed the simplified acquisition threshold and that are— (A)Set aside for small business under multiple-award contracts, as described in 8.4055 and 16.505(b)(2)(i)(F); or

(B)Issued directly to a small business concern under multiple-award contracts as described in 19.504(c)(1)(ii);
(iv)Orders, regardless of dollar value, that are—
(A)Set aside in accordance with subparts 19.8, 19.13, 19.14, and 19.15 under multipleaward contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); or (B)Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 19.504(c)(1)(ii); and
(v)Contracts using the HUBZone price evaluation preference to award to