A recent decision from the U.S. Court of Federal Claims
substantially broadens the reach of the Small Business
Administration's nonmanufacturer rule (NMR) to all federal
procurements that require the provision of manufactured supplies,
regardless of whether the procurement also has a services
component. In Rotech Healthcare Inc., v United States, Case No.
14-502C (Sept. 19, 2014) (Damich, J.), the court effectively
invalidated SBA regulations that seek to limit the application of
the NMR only to procurements that have been assigned a
manufacturing North American Industry Classification System code,
or to the supply component of a manufacturing or supply contract
that also has a services component.
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Originally published by Law360 on September 25, 2014.
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