[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Pages 2801-2802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00454]



Class Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of intent to waive the Nonmanufacturer Rule for 
recreational and gymnastic equipment consisting of manufactured 
kettlebells, rubber machine balls, Olympic weight plates, stretch 
bands, and spring collars under North American Industry Classification 
System Code (NAICS) 339920 and Product Service Code (PSC) 7830. This 
class waiver would exclude apparel and footwear.


SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a request for a class waiver of the Nonmanufacturer Rule (NMR) 
manufactured kettlebells, rubber machine balls, Olympic weight plates, 
stretch bands, and spring collars under NAICS code 339920/PSC 7830. 
This industry comprises establishments primarily engaged in 
manufacturing sporting and athletic goods (except apparel and footwear) 
and the PSC is for Recreational and Gymnastic Equipment.
    According to the class waiver request, no small business 
manufacturer can supply the identified products to the Federal 
government. If granted, the class waiver would allow otherwise 
qualified regular dealers to supply the waived item(s), regardless of 
the business size of the manufacturer, on a Federal contract set aside 
for small business, service-disabled veteran-owned small business 
(SDVOSB), women-owned small business (WOSB), economically disadvantaged 
women-owned small business (EDWOSB), historically underutilized 
business zones (HUBZone), or participants in the SBA's 8(a) Business 
Development (BD) program.

[[Page 2802]]

DATES: Comments and source information must be submitted by February 
18, 2020.

ADDRESSES: You may submit comments and source information via the 
Federal Rulemaking Portal at https://www.regulations.gov. If you wish 
to submit confidential business information (CBI) as defined in the 
User Notice at https://www.regulations.gov, please submit the 
information to Carol Hulme, Program Analyst, 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.

FOR FURTHER INFORMATION CONTACT: Carol Hulme, Program Analyst, by 
telephone at 202-205-6347; or by email at [email protected].

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, require that 
recipients of Federal supply contracts (except those valued between 
$3,500 and $250,000) set aside for small business, SDVOSB,WOSB, EDWOSB, 
HUBZone, BD program participants, provide the product of a small 
business manufacturer or processor if the recipient of the set-aside 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). 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.
    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.
    The SBA defines ``class of products'' based on a combination of (1) 
the six-digit NAICS code, (2) the four-digit PSC, and (3) a description 
of the class of products.
    The SBA invites the public to comment on this pending request to 
waive the NMR for the following items: Manufactured kettlebells, rubber 
machine balls, Olympic weight plates, stretch bands, and spring 
collars. 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 

David Loines,
Director, Office of Government Contracting.
[FR Doc. 2020-00454 Filed 1-15-20; 8:45 am]