[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Page 3739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00999]



Class Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of intent to waive the Nonmanufacturer Rule for 
commercially handheld land mobile radios under NAICS code 334220/PSC 


SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a request for a class waiver of the Nonmanufacturer Rule (NMR) 
for handheld land mobile radios under North American Industry 
Classification System (NAICS) code 334220 and Product Service Code 
(PSC) 5820. This U.S. industry comprises establishments primarily 
engaged in manufacturing handheld land mobile radios. According to the 
request, no small business manufacturers supply this product to the 
Federal government. If granted, the class waiver would allow otherwise 
qualified regular dealers to supply handheld land mobile radios, 
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.

DATES: Comments and source information must be submitted by February 
21, 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(b), 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, or 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 North American Industry Classification System (NAICS) 
code, (2) the four-digit Product Service Code (PSC), and (3) a 
description of the class of products.
    SBA invites the public to comment on this pending request to waive 
the NMR for handheld land mobile radios under NAICS code 334220 and PSC 
5820. 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. 2020-00999 Filed 1-21-20; 8:45 am]