[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21913-21914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08304]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
[Docket No. SBA-2020-0014]
Class Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice of intent to waive the Nonmanufacturer Rule for diabetic
test strips.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) is considering
granting a request for a class waiver of the Nonmanufacturer Rule (NMR)
for diabetic test stripes under North American Industry Classification
(NAICS) code 325413 and Product Service Code (PSC) 6515. If granted,
the class waiver would allow otherwise qualified regular dealers to
supply the waived item on certain small business contracts, regardless
of the business size of the manufacturer.
DATES: Comments and source information must be submitted by May 20,
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, Attorney Advisor, 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, Attorney Advisor, 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 provide the product of a small
business manufacturer or processor if the recipient of the set-aside
contract 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). The NMR applies to a contract issued as a
small business set-aside (except as stated below); a service-disabled
veteran-owned small business (SDVOSB) set-aside or sole-source
contract; a Historically Underutilized Business Zone (HUBZone) set-
aside or sole source contract; a women-owned small business (WOSB) or
economically disadvantaged women-owned small business (EDWOSB) set-
aside or sole source contract; or 8(a) set-aside or sole source
contract; a partial set-aside; or a set-aside of an order against a
multiple award contract. The NMR does not apply to small business set-
aside acquisitions with an estimated value between the micro-purchase
threshold and the simplified acquisition threshold.
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. 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. A waiver would not have
any effect on the requirements in 13 CFR 121.406(b)(1)(i) through (iii)
or on requirements external to the Act that involve domestic sources of
supply, such as the Buy American Act, 41 U.S.C. 8301-8305, or the Trade
Agreements Act, 19 U.S.C. 2501 et. seq.
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.
SBA has received a request for a class waiver for diabetic testing
strips. The applicable NAICS Code is 325413 and the PSC is 6515 as
there are no small businesses that manufacturer this product. A search
of the Federal marketplace revealed there are no small business
manufacturers that can manufacture and supply this product to the
Federal government.
SBA invites the public to comment on this pending request to waive
the NMR for diabetic testing strips. 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-
[[Page 21914]]
officials/non-manufacturer-rule/non-manufacturer-waivers.
David Loines,
Director, Office of Government Contracting.
[FR Doc. 2020-08304 Filed 4-17-20; 8:45 am]
BILLING CODE 8026-03-P