[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Page 5191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01627]



[[Page 5191]]

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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 
Warehouse Instantly Adjustable Racking Systems.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a class waiver of the Nonmanufacturer Rule for Warehouse 
Instantly Adjustable Racking Systems. On October 2, 2014, SBA received 
a request that a class waiver be granted for Warehouse Instantly 
Adjustable Racking Systems under the North American Industry 
Classification System (NAICS) code 332999 (Miscellaneous Fabricated 
Metal Product Manufacturing), Product Service Code (PSC) 5450 
(Miscellaneous Prefabricated Structures). According to the 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 warehouse instantly adjustable racking systems 
manufacturers. If granted, the waiver would allow otherwise qualified 
small businesses to supply the products of any manufacturer on a 
Federal contract set aside for small businesses, Service-Disabled 
Veteran-Owned (SDVO) small businesses, Women-Owned small businesses 
(WOSB), Economically Disadvantaged Women-Owned small businesses 
(EDWOSB), or Participants in the SBA's 8(a) Business Development (BD) 
program.

DATES: Comments and source information must be submitted February 17, 
2015.

ADDRESSES: You may submit comments and source information to Amy 
Garcia, Procurement Analyst, Small Business Administration, Office of 
Government Contracting, 409 3rd Street SW., Suite 8800, Washington, DC 
20416; or by way of email to the Nonmanufacturer Rule Waiver program 
office at [email protected]. Email communications should 
contain ``Class Waiver--IAR Systems'' in the subject line.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Garcia, Procurement Analyst, 
by telephone at (202) 205-6842; by FAX at (202) 481-1630; or by way of 
email to the Nonmanufacturer Rule Waiver program office at 
[email protected].

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 require that recipients of Federal supply 
contracts set aside for small businesses, SDVO small businesses, WOSBs, 
EDWOSBs, or Participants in the SBA's 8(a) BD Program 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), 125.15(c). Section 8(a)(17)(b)(iv) 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 
submitted a proposal for a contract solicitation or received a contract 
from the Federal government within the last 24 months. 13 CFR 
121.1202(c). The SBA defines ``class of products'' based on the Office 
of Management and Budget's NAICS.
    The SBA is currently processing a request to waive the 
Nonmanufacturer Rule for Warehouse Instantly Adjustable Racking Systems 
under the North American Industry Classification System (NAICS) code 
332999 (Miscellaneous Fabricated Metal Product Manufacturing), Product 
Service Code (PSC) 5450 (Miscellaneous Prefabricated Structures). The 
public is invited to comment or provide source information to SBA on 
the proposed waiver of the Nonmanufacturer Rule for the product within 
15 days after date of publication in the Federal Register and on 
FedBizOpps.gov. More information about the Nonmanufacturer Rule and 
Class Waivers may be found on SBA's Web site at https://www.sba.gov/category/navigation-structure/contracting/contracting-officials/non-manufacturer-waivers.

    Dated: January 20, 2015.
Se[aacute]n F. Crean,
Director, Office of Government Contracting.
[FR Doc. 2015-01627 Filed 1-29-15; 8:45 am]
BILLING CODE 8025-01-P