Notice2022-05240
Class Waiver of the Nonmanufacturer Rule
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
March 11, 2022
Issuing agencies
Small Business Administration
Abstract
The U.S. Small Business Administration (SBA) is considering granting a request for a class waiver of the Nonmanufacturer Rule (NMR) for dental equipment and supplies.
Full Text
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<title>Federal Register, Volume 87 Issue 48 (Friday, March 11, 2022)</title>
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[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 14084-14085]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05240]
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SMALL BUSINESS ADMINISTRATION
[Docket No.: SBA-2022-001]
Class Waiver of the Nonmanufacturer Rule
AGENCY: Small Business Administration.
ACTION: Notice of intent to waive the nonmanufacturer rule for dental
equipment and supplies.
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SUMMARY: The U.S. Small Business Administration (SBA) is considering
granting a request for a class waiver of the Nonmanufacturer Rule (NMR)
for dental equipment and supplies.
DATES: Comments and source information must be submitted by April 11,
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>. 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.
[[Page 14085]]
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#87c4e6f5e8ebaac6e9e9a9cff2ebeae2c7bbe6a7eff5e2e1ba" http: sba.gov">sba.gov</a>">Carol-Ann.Hulme@<a href="http://sba.gov">sba.gov</a></a>.
SUPPLEMENTARY INFORMATION: Sections 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 provide the product of a small
business manufacturer or processor if the recipient of the set-aside
contract is not the actual manufacturer or processor of the product.
This requirement is commonly referred to as the Nonmanufacturer Rule
(NMR). 13 CFR 121.406(b). The NMR applies to a contract issued as a
small business set-aside (except as stated below); a service-disabled
veteran-owned small business (SDVOSB) set-aside or sole-source
contract; a Historically Underutilized Business Zone (HUBZone) set-
aside or sole source contract; a women-owned small business (WOSB) or
economically disadvantaged women-owned small business (EDWOSB) set-
aside or sole source contract; or 8(a) set-aside or sole source
contract; a partial set-aside; or a set-aside of an order against a
multiple award contract. 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.
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 identifies a ``class of products'' based on
a combination of the six-digit NAICS code and a description of the
class of products. A waiver would not have any effect on the
requirements in 13 CFR 121.406(b) or on requirements external to the
Act that involve domestic sources of supply, such as the Buy American
Act, 41 U.S.C. 8301-8305, or the Trade Agreements Act, 19 U.S.C. 2501
et. seq.
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.
SBA has received a request for a class waiver for dental supplies
and equipment. Specifically, the waiver would apply to dental chairs,
dental delivery systems, dental lights, dental cabinets, dental stools,
dental handpieces, dental infection control apparatus, dental air
management systems, and mechanical room equipment under North American
Industry Classification (NAICS) code 339114. If granted, the class
waiver would allow otherwise qualified regular dealers to supply the
waived item on certain small business contracts, regardless of the
business size of the manufacturer. The applicable NAICS Code is 339114
because there are no small businesses that manufacturer this product. A
search of the Federal marketplace revealed there are no small business
manufacturers that can manufacture and supply this product to the
Federal government.
SBA invites the public to comment on this pending request to waive
the NMR for dental equipment and supplies. The public may comment or
provide source information on any small business manufacturers of this
class of products that are available to participate in the Federal
market. The public comment period will run for 30 days after the date
of publication in the Federal Register.
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. 2022-05240 Filed 3-10-22; 8:45 am]
BILLING CODE 8026-03-P
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