[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Notices]
[Pages 30384-30385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12108]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice of intent to waive the Nonmanufacturer Rule for
commercial-type ovens, gas ranges, and ranges.
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SUMMARY: The U.S. Small Business Administration (SBA) is considering
granting a class waiver of the Nonmanufacturer Rule for commercial-type
ovens, gas ranges, and ranges, under Product Service Code (PSC) 7310
(Food Cooking, Baking, and Serving Equipment), under the North American
Industry Classification System (NAICS) code 333318 (Other Commercial
and Service Industry Machinery Manufacturing). According to the waiver
request, no small business manufacturers supply this class of products
to the Federal government. Thus, SBA is seeking information on whether
there are small business manufacturers of these items. If granted, the
waiver would allow otherwise qualified small businesses to supply the
product of any manufacturer on a Federal contract set aside for small
businesses, Service-Disabled Veteran-Owned (SDVO) small businesses,
Participants in the SBA's 8(a) Business Development (BD) program, or
Women-Owned Small Businesses (WOSBs).
DATES: Comments and source information must be submitted July 8, 2013.
ADDRESSES: You may submit comments and source information, identified
by docket number SBA-2013-0005, by any of the following methods:
(1) Federal eRulemaking Portal: www.regulations.gov, following the
instructions for submitting comments; or
(2) Mail/Hand Delivery/Courier: Edward Halstead, Procurement
Analyst, Small Business Administration, Office
[[Page 30385]]
of Government Contracting, 409 3rd Street SW., Suite 8022, Washington,
DC 20416.
All comments will be posted on www.regulations.gov. If you wish to
include within your comment confidential business information (CBI) as
defined in the Privacy and Use Notice/User Notice at www.
regulations.gov, and you do not want that information disclosed, you
must submit the comment by either Mail or Hand Delivery. In the
submission, you must highlight the information that you consider CBI
and explain why you believe this information should be withheld as
confidential. SBA will make a final determination, in its sole
discretion, as to whether the information is CBI and therefore will be
published or withheld.
FOR FURTHER INFORMATION CONTACT: Edward Halstead, by telephone at (202)
205-9885, or by email at [email protected].
SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act
(Act), 15 USC 637(a)(17), and SBA's implementing regulations require
that recipients of Federal contracts for supplies which are set aside
for small businesses, Service-Disabled Veteran-Owned (SDVO) small
businesses, Women-Owned Small Businesses (WOSBs), or Participants in
SBA's 8(a) BD Program must 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. 13 CFR 121.406(b). Section
8(a)(17)(B)(iv)(II) of the Act authorizes SBA to waive the
Nonmanufacturer Rule for any class of products for which there are no
small business manufacturers or processors available to participate in
the Federal market.
In order to be considered available to participate in the Federal
market for a class of products, a small business manufacturer must have
been awarded or have performed a contract to supply a specific class of
products to the Federal Government within 24 months from the date of
the request for waiver, either directly or through a dealer, or have
submitted an offer on a solicitation for that class of products within
that time frame. 13 CFR 121.1202(c). SBA defines ``class of products''
as an individual subdivision within a (NAICS) Industry Number as
established by the Office of Management and Budget in the NAICS Manual.
13 CFR 121.1202(d). In addition, SBA uses (PSCs) to further identify
particular products within the NAICS code to which a waiver would
apply.
On July 12, 2012, SBA received a request to waive the
Nonmanufacturer Rule for commercial ovens and broilers, PSC 7310, under
NAICS code 333319 (Other Commercial and Service Industry Machinery
Manufacturing). SBA notes that at the time of the request, these items
were classified under NAICS code 333319. However, effective October 1,
2012, SBA published revised NAICS codes and Small Business Size
Standards, for purposes of Government procurement. As a result of this
change, NAICS code 333319 is eliminated from the 2012 NAICS code
listing and the items requested for waiver are now listed under the
2012 NAICS code 333318.
The public is invited to comment or provide source information to
SBA on the proposed waiver of the Nonmanufacturer Rule for the products
described in this notice within 45 days after the date of publication
in the Federal Register.
Dated: May 16, 2013.
Kenneth W. Dodds,
Director, Office of Government Contracting.
[FR Doc. 2013-12108 Filed 5-21-13; 8:45 am]
BILLING CODE 8025-01-P