[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Pages 30384-30385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12108]



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.


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 
    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]