[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31292-31293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10953]


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SMALL BUSINESS ADMINISTRATION

[Docket No. SBA-2022-001]


Class Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notification of class waiver of the Nonmanufacturer Rule for 
dental equipment and supplies.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
request for a class waiver of the Nonmanufacturer Rule (NMR) for dental 
equipment and supplies.

[[Page 31293]]


DATES: This action will be effective thirty days after publication of 
this notice.

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 identifies a ``class of products'' based on 
a combination of the six-digit North American Industry Classification 
(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), 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 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 NAICS code 
339114. A search of the Federal marketplace confirmed that no small 
business manufacturers have submitted a proposal or been awarded a 
contract to supply these products within the last 24 months.
    On March 11, 2022, SBA issued a Notice of Intent to grant a class 
waiver for dental equipment and supplies and provided until April 11, 
2022, for members of the public to submit comments. That notice can be 
found at 87 FR 14084. As there were no comments submitted pertaining to 
issuance of the waiver, SBA has determined a class waiver is 
appropriate for 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 NAICS code 339114. This class waiver allows otherwise 
qualified regular dealers to supply the waived items on certain small 
business contracts, regardless of the business size of the 
manufacturer. More information on the NMR and class waivers can be 
found at https://www.sba.gov/partners/contracting-officials/small-business-procurement/nonmanufacturer-rule.

Wallace D. Sermons, II,
Acting Director, Office of Government Contracting.
[FR Doc. 2022-10953 Filed 5-20-22; 8:45 am]
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