[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Page 3739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00999]
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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
commercially handheld land mobile radios under NAICS code 334220/PSC
5820.
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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)
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
https://www.sba.gov/contracting/contracting-officials/non-manufacturer-rule/non-manufacturer-waivers.
David Loines,
Director, Office of Government Contracting.
[FR Doc. 2020-00999 Filed 1-21-20; 8:45 am]
BILLING CODE 8025-01-P