[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Notices]
[Pages 4054-4055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01056]


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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 leather 
holsters (M18 System) and accessories under NAICS code 316998/PSC 8465.

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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 leather holsters (M18 System) and accessories. According to the 
request, no

[[Page 4055]]

small business manufacturers can manufacture and supply a specific 
proprietary holster system 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.

DATES: Comments and source information must be submitted by February 
24, 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, service-disabled 
veteran-owned 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.
    The United States Air Force (USAF) has requested that SBA provide a 
class waiver for a specific holster system. Specifically, the USAF has 
requested a class waiver for a unique and propriety holster system that 
will be required following the receipt of M18 handguns. The details 
outlining why this particular holster will be required can be found in 
USAF's Small Arms and Weapons Accessories Approval List. The specific 
holster that is required per the USAF is the Safariland 7390 Modular 
Holster System with Automatic Locking System (ALS) and ALS Guard. This 
holster is the required duty holster and accessory authorized for use 
by Security Forces personnel. According to the USAF this specific 
holster system provides two levels of retention to reduce the chance of 
the weapon from being grabbed or falling from the holster during 
combat. The USAF has informed SBA that it is imperative for the safety 
and for risk mitigation to ensure all Security Force members are using 
a single standard holster for the M18, and that a standard holster with 
a standard retention system maximizes the ability of Security Force 
members to achieve their objectives.
    The USAF's market research has found that the holster system that 
meets its needs is the Safariland 7390 Modular Holster System with 
Automatic Locking System (ALS) and ALS Guard, and that the system is 
patented by Safariland. As such, the USAF has found that there are no 
small business concerns that can provide this holster system to the 
Federal Government, and has requested a class waiver.
    SBA invites the public to comment on this pending request to waive 
the NMR for leather holsters (M18 System) and accessories under NAICS 
code 316998/PSC 8465. 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. 2020-01056 Filed 1-22-20; 8:45 am]
 BILLING CODE 8025-01-P