[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69114-69115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26368]
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SMALL BUSINESS ADMINISTRATION
[Docket No.: SBA-2021-0012]
Small Business Size Standards: Termination of Nonmanufacturer
Rule Class Waiver
AGENCY: U.S. Small Business Administration.
ACTION: Notice of intent to terminate the class waiver to the
Nonmanufacturer Rule.
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SUMMARY: The U.S. Small Business Administration (SBA) is considering
terminating a class waiver of the Nonmanufacturer Rule (NMR) for
Furniture Frames and Parts, Metal, Manufacturing under NAICS code
337215 and PSC 7195; Furniture Frames, Wood, Manufacturing under NAICS
code 337215 and PSC 7195; Furniture Parts, Finished Plastics,
Manufacturing under NAICS code 33725 and PSC 7195; Furniture, Factory-
type (e.g., cabinets, stools, tool stands, work benches), Manufacturing
under NAICS code 337127 and PSC 7110; Furniture, Hospital (e.g.,
hospital beds, operating room furniture) Manufacturing under NAICS code
339113 and PSC 7195; and Furniture, Laboratory-type (e.g., benches,
cabinets, stools, tables) Manufacturing under NAICS code 339113 and PSC
7195.
DATES: Comments and source information must be submitted on or before
January 14, 2022.
ADDRESSES: You may submit comments and source information via the
Federal Rulemaking Portal at https://www.regulations.gov under Docket
ID SBA-2021-0012. If you wish to submit confidential business
information (CBI) as defined in the User Notice at http://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, Program Analyst, by
telephone at 202-205-6347; or by email at [email protected].
SUPPLEMENTARY INFORMATION: On October 6, 2019, SBA received a request
to terminate the current class waiver of the NMR for the products
identified above. According to the request, there are small business
manufacturers available to participate in the Federal marketplace for
these products. According to the information the requester provided to
the SBA, several small manufacturers have provided these products to
the Federal agencies within the past 24 months.
Based on this information, the SBA is seeking comment on the
termination of the class waiver for Furniture Frames and Parts, Metal,
Manufacturing under NAICS code 337215 and PSC 7195; Furniture Frames,
Wood, Manufacturing under NAICS code 337215 and PSC 7195; Furniture
Parts, Finished Plastics, Manufacturing under NAICS code 33725 and PSC
7195; Furniture, Factory-type (e.g., cabinets, stools, tool stands,
work benches), Manufacturing under NAICS code 337127 and PSC 7110;
Furniture, Hospital (e.g., hospital beds, operating room furniture)
Manufacturing under NAICS code 339113 and PSC 7195; and Furniture,
Laboratory-type (e.g., benches, cabinets, stools, tables) Manufacturing
under NAICS code 339113 and PSC 7195. An awardee of a Federal small
business set-aside contract valued over $250,000.00, service-disabled
veteran-owned small business contract, HUBZone contract, women-owned
small business contract, or 8(a) contract must provide its own product
or that of a small business manufacturer unless a waiver is in place.
If the above-identified class waiver is terminated, small businesses
will no longer be authorized to provide the product of any manufacturer
regardless of size on the identified items, unless a Federal
Contracting Officer obtains an individual waiver to the NMR.
Sections 8(a)(17) and 46 of the Small Business Act (Act), 15 U.S.C.
637(a)(17) and 657, and SBA's implementing regulations 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), women-owned small business
(WOSB), economically disadvantaged women-owned small business (EDWOSB),
or participants in the SBA's 8(a) Business Development (BD) program
provide the product of a small business manufacturer or processor, if
the recipient is other than 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.
In accordance with the SBA's regulations at 13 CFR 121.1204(a)(7),
SBA will periodically review existing class waivers to the NMR to
determine whether small business manufacturers or processors have
become available to participate in the Federal market. Upon receipt of
information that such a small business manufacturer or processor
exists, the SBA will announce its intent to terminate the NMR waiver
for a class of products. 13 CFR 121.1204(a)(7)(ii). Unless public
comment reveals no small
[[Page 69115]]
business exists for the class of products in question, SBA will publish
a Final Notice of Termination in the Federal Register.
On June 27, 2006, SBA issued a Notice of Intent to waive the NMR
for Furniture Frames and Parts, Metal, Manufacturing under NAICS code
337215 and PSC 7195; Furniture Frames, Wood, Manufacturing under NAICS
code 337215 and PSC 7195; Furniture Parts, Finished Plastics,
Manufacturing under NAICS code 33725 and PSC 7195; Furniture, Factory-
type (e.g., cabinets, stools, tool stands, work benches), Manufacturing
under NAICS code 337127 and PSC 7110; Furniture, Hospital (e.g.,
hospital beds, operating room furniture) Manufacturing under NAICS code
339113 and PSC 7195; and Furniture, Laboratory-type (e.g., benches,
cabinets, stools, tables) Manufacturing under NAICS code 339113 and PSC
7195. After the comment and notice period passed, SBA issued a class
waiver for those products.
On October 6, 2019, SBA received a request to terminate the
previously issued waiver. The requester provided information that
established the existence of small business manufacturers of the
identified products. These small businesses have submitted bids on
Federal solicitations within the past 24 months. Thus SBA is proposing
to terminate the class waiver for Furniture Frames and Parts, Metal,
Manufacturing under NAICS code 337215 and PSC 7195; Furniture Frames,
Wood, Manufacturing under NAICS code 337215 and PSC 7195; Furniture
Parts, Finished Plastics, Manufacturing under NAICS code 33725 and PSC
7195; Furniture, Factory-type (e.g., cabinets, stools, tool stands,
work benches), Manufacturing under NAICS code 337127 and PSC 7110;
Furniture, Hospital (e.g., hospital beds, operating room furniture)
Manufacturing under NAICS code 339113 and PSC 7195; and Furniture,
Laboratory-type (e.g., benches, cabinets, stools, tables) Manufacturing
under NAICS code 339113 and PSC 7195.
The public is invited to comment or provide source information on
the proposed termination of the NMR waiver for these products.
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 Wm. Loines,
Director, Office of Government Contracting.
[FR Doc. 2021-26368 Filed 12-3-21; 8:45 am]
BILLING CODE 8026-03-P