Notice2022-10953
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
May 23, 2022
Issuing agencies
Small Business Administration
Abstract
The U.S. Small Business Administration (SBA) is 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 99 (Monday, May 23, 2022)</title>
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[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31292-31293]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10953]
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SMALL BUSINESS ADMINISTRATION
[Docket No. SBA-2022-001]
Class Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notification of class waiver of the Nonmanufacturer Rule for
dental equipment and supplies.
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SUMMARY: The U.S. Small Business Administration (SBA) is granting a
request for a class waiver of the Nonmanufacturer Rule (NMR) for dental
equipment and supplies.
[[Page 31293]]
DATES: This action will be effective thirty days after publication of
this notice.
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#97d4f6e5f8fbbad6f9f9b9dfe2fbfaf2d7e4f5f6b9f0f8e1"><span class="__cf_email__" data-cfemail="f5b694879a99d8b49b9bdbbd80999890b5869794db929a83">[email protected]</span></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 North American Industry Classification
(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), 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 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 NAICS code
339114. A search of the Federal marketplace confirmed that no small
business manufacturers have submitted a proposal or been awarded a
contract to supply these products within the last 24 months.
On March 11, 2022, SBA issued a Notice of Intent to grant a class
waiver for dental equipment and supplies and provided until April 11,
2022, for members of the public to submit comments. That notice can be
found at 87 FR 14084. As there were no comments submitted pertaining to
issuance of the waiver, SBA has determined a class waiver is
appropriate for 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 NAICS code 339114. This class waiver allows otherwise
qualified regular dealers to supply the waived items on certain small
business contracts, regardless of the business size of the
manufacturer. More information on the NMR and class waivers can be
found at <a href="https://www.sba.gov/partners/contracting-officials/small-business-procurement/nonmanufacturer-rule">https://www.sba.gov/partners/contracting-officials/small-business-procurement/nonmanufacturer-rule</a>.
Wallace D. Sermons, II,
Acting Director, Office of Government Contracting.
[FR Doc. 2022-10953 Filed 5-20-22; 8:45 am]
BILLING CODE P
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