[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 14084-14085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05240]


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SMALL BUSINESS ADMINISTRATION

[Docket No.: SBA-2022-001]


Class Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of intent to waive the nonmanufacturer rule for dental 
equipment and supplies.

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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 dental equipment and supplies.

DATES: Comments and source information must be submitted by April 11, 
2022.

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.

[[Page 14085]]


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

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 identifies a ``class of products'' based on 
a combination of the six-digit NAICS code and a description of the 
class of products. A waiver would not have any effect on the 
requirements in 13 CFR 121.406(b) 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 dental supplies 
and equipment. Specifically, the waiver would apply to dental chairs, 
dental delivery systems, dental lights, dental cabinets, dental stools, 
dental handpieces, dental infection control apparatus, dental air 
management systems, and mechanical room equipment under North American 
Industry Classification (NAICS) code 339114. 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. The applicable NAICS Code is 339114 
because 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 dental equipment and supplies. 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 
Nonmanufacturer rule (sba.gov).

Wallace D. Sermons, II,
Acting Director, Office of Government Contracting.
[FR Doc. 2022-05240 Filed 3-10-22; 8:45 am]
BILLING CODE 8026-03-P