James Boland and Lars Anderson published "Fed. Claims Court Extends Reach Of Nonmanufacturer Rule" in Law360 on September 25, 2014.
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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