Notice2022-03202
Termination of Nonmanufacturer Rule Class Waiver
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 15, 2022
Issuing agencies
Small Business Administration
Abstract
The U.S. Small Business Administration (SBA) is considering terminating a class waiver of the Nonmanufacturer Rule (NMR) for irradiation apparatus manufacturing, computerized axial tomography (CT/ CAT) scanners manufacturing; CT/CAT (computerized axial tomography) scanners manufacturing; fluoroscopes manufacturing; fluoroscopic X-ray apparatus and tubes manufacturing; generators, X-ray, manufacturing; irradiation equipment manufacturing; X-ray generators manufacturing; and X-ray irradiation equipment manufacturing under manufacturing categorized under North American Industry Classification System (NAICS) code 334517 and Product Service Code (PSC) 6525. An awardee of a Federal small business set-aside contract valued over $250,000.00, service-disabled veteran-owned small business contract, HUBZone contract, women-owned small business contract, or 8(a) contract must provide its own product or that of a small business manufacturer unless a waiver is in place. If the above-identified class waiver is terminated, small businesses will no longer be authorized to provide the product of any manufacturer regardless of size on the identified items, unless a Federal contracting officer obtains an individual waiver to the NMR.
Full Text
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<title>Federal Register, Volume 87 Issue 31 (Tuesday, February 15, 2022)</title>
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[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8630-8631]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03202]
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SMALL BUSINESS ADMINISTRATION
[Docket No.: SBA-2020-0048]
Termination of Nonmanufacturer Rule Class Waiver
AGENCY: U.S. Small Business Administration.
ACTION: Notification of intent to terminate the class waiver to the
Nonmanufacturer Rule for radiology equipment.
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SUMMARY: The U.S. Small Business Administration (SBA) is considering
terminating a class waiver of the Nonmanufacturer Rule (NMR) for
irradiation apparatus manufacturing, computerized axial tomography (CT/
CAT) scanners manufacturing; CT/CAT (computerized axial tomography)
scanners manufacturing; fluoroscopes manufacturing; fluoroscopic X-ray
apparatus and tubes manufacturing; generators, X-ray, manufacturing;
irradiation equipment manufacturing; X-ray generators manufacturing;
and X-ray irradiation equipment manufacturing under manufacturing
categorized under North American Industry Classification System (NAICS)
code 334517 and Product Service Code (PSC) 6525. An awardee of a
Federal small business set-aside contract valued over $250,000.00,
service-disabled veteran-owned small business contract, HUBZone
contract, women-owned small business contract, or 8(a) contract must
provide its own product or that of a small business manufacturer unless
a waiver is in place. If the above-identified class waiver is
terminated, small businesses will no longer be authorized to provide
the product of any manufacturer regardless of size on the identified
items, unless a Federal contracting officer obtains an individual
waiver to the NMR.
DATES: Comments and source information must be submitted on or before
03/09/2022.
ADDRESSES: You may submit comments and source information via the
Federal Rulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket
ID SBA-2020-0048. If you wish to submit confidential business
information (CBI) as defined in the User Notice at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, please submit the information to Carol Hulme,
Attorney Advisor, Office of Government Contracting, U.S. Small Business
Administration, 409 Third Street SW, 8th Floor, Washington, DC 20416.
Highlight the information that you consider to be CBI and explain why
you believe this information should be held confidential. SBA will
review the information and make a final determination as to whether the
information will be published.
FOR FURTHER INFORMATION CONTACT: Carol Hulme, Attorney Advisor, by
telephone at 202-205-6347 or by email at <a href="/cdn-cgi/l/email-protection#a8ebc9dac7c485e9c6c686e0ddc4c5cde894c988c0dacdce95" http: sba.gov">sba.gov</a>">Carol-Ann.Hulme@<a href="http://sba.gov">sba.gov</a></a>.
SUPPLEMENTARY INFORMATION: Section 8(a)(17) and 46 of the Small
Business Act (Act), 15 U.S.C. 637(a)(17) and 657s, and SBA's
implementing regulations, found at 13 CFR 121.406(b), require that
recipients of Federal supply contracts issued as a small business set-
aside (except as stated below), service-disabled veteran-owned small
business (SDVO SB) set-aside or sole source contract, Historically
Underutilized Business Zone (HUBZone) set-aside or sole source
contract, WOSB (women-owned small business) or economically
disadvantaged women-owned small business (EDWOSB) set-aside or sole
source contract, 8(a) set-aside or sole source contract, partial set-
aside, or set aside of an order against a multiple award contract
provide the product of a small business manufacturer or processor if
the recipient is other than the actual manufacturer or processor of the
product. This requirement is commonly referred to as the
Nonmanufacturer Rule (NMR). 13 CFR 121.406(b). Note that the NMR does
not apply to small business set-aside acquisitions with an estimated
value between the micro-purchase threshold and the simplified
acquisition threshold but continues to apply to socioeconomic
categories over the micropurchase threshold.
Sections 8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the Act authorize
SBA to waive the NMR for a ``class of products'' for which there are no
small business manufacturers or processors available to participate in
the Federal market. The SBA defines ``class of products'' based on a
combination of (1) the six-digit NAICS code, (2) the four-digit PSC,
and (3) a description of the class of products. As implemented in SBA's
regulations at 13 CFR 121.1202(c), in order to be considered available
to participate in the Federal market for a class of products, a small
business manufacturer must have submitted a proposal for a contract
solicitation or been awarded a contract to supply the class of products
within the last 24 months.
In accordance with the SBA's regulations at 13 CFR 121.1204(a)(7),
SBA will periodically review existing class waivers to the NMR to
determine whether small business manufacturers or processors have
become available to participate in the Federal market. Upon receipt of
information that such a small business manufacturer or processor
exists, the SBA will announce its intent to terminate the NMR waiver
for a class of products. 13 CFR 121.1204(a)(7)(ii). Unless public
comment reveals no small business exists for the class of products in
question, SBA will publish a Final Notice of Termination in the Federal
Register.
On October 31, 2007, the SBA published in the Federal Register a
notice of intent to waiver the Nonmanufacturer Rule for Irradiation
Apparatus Manufacturing (X-Ray Equipment and Supplies). The comments
submitted in response failed to establish the existence of a small
business manufacturer of these products. As such, on December 26, 2007,
after the comment and notice period passed, SBA issued a class waiver
for those products effective January 10, 2008. That notice can be found
at 77 FR 73057.
On April 20, 2020, SBA received a request to terminate the
previously issued waiver. The requester provided information that
established the
[[Page 8631]]
existence of a small business manufacturer of the identified products.
Thus, SBA is proposing to terminate the class waiver for irradiation
apparatus manufacturing, computerized axial tomography (CT/CAT)
scanners manufacturing; CT/CAT (computerized axial tomography) scanners
manufacturing; fluoroscopes manufacturing; fluoroscopic X-ray apparatus
and tubes manufacturing; generators, X-ray, manufacturing; irradiation
equipment manufacturing; X-ray generators manufacturing; and X-ray
irradiation equipment manufacturing under NAICS code 334517 and PSC
6525. The public is invited to comment or provide source information on
the proposed termination of the NMR waiver for these products.
More information on the NMR and class waivers can be found at
Nonmanufacturer rule (<a href="http://sba.gov">sba.gov</a>).
Wallace D. Sermons, II,
Acting Director, Office of Government Contracting.
[FR Doc. 2022-03202 Filed 2-14-22; 8:45 am]
BILLING CODE P
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