[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8628-8629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03201]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 
03/09/2022.

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 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.

[[Page 8629]]


FOR FURTHER INFORMATION CONTACT: Carol Hulme, Program Analyst, by 
telephone at 202-205-6347; or by email at sba.gov">Carol-Ann.Hulme@sba.gov.

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 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 
Nonmanufacturer rule (sba.gov).

Wallace D. Sermons, II,
Acting Director, Office of Government Contracting.
[FR Doc. 2022-03201 Filed 2-14-22; 8:45 am]
BILLING CODE P