[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2801-2802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00454]
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SMALL BUSINESS ADMINISTRATION
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.
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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
https://www.sba.gov/contracting/contracting-officials/non-manufacturer-rule/non-manufacturer-waivers.
David Loines,
Director, Office of Government Contracting.
[FR Doc. 2020-00454 Filed 1-15-20; 8:45 am]
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