[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Page 43637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19457]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Class Waiver of the 
Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of Intent To Waive the Nonmanufacturer Rule for Positive 
Airway Pressure Devices and Supplies Manufacturing.

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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 Positive Airway Pressure Devices and Supplies Manufacturing. This 
U.S. industry comprises establishments primarily engaged in 
manufacturing Continuous Positive Airway Pressure (CPAP) devices, Bi-
level Positive Airway Pressure (BiPAP) devices, and other products 
intended to treat sleep apnea by keeping a person's airways open during 
sleep. According to the request, no small business manufacturers supply 
this product to the Federal government. If granted, the class waiver 
would allow otherwise qualified regular dealers to supply the product 
of any manufacturer on a Federal contract 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.

DATES: Comments and source information must be submitted by October 18, 
2017.

ADDRESSES: You may submit comments and source information via the 
Federal Rulemaking Portal at https://www.regulations.gov under Docket 
ID SBA-2017-0006. 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 Roman Ivey, 
Program Analyst, Office of Government Contracting, U.S. Small Business 
Administration, 409 Third Street SW., 8th Floor, Washington, DC 20416, 
and 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 or 
not the information will be published.

FOR FURTHER INFORMATION CONTACT: Roman Ivey, Program Analyst, by 
telephone at 202-401-1420; or by email at <a href="/cdn-cgi/l/email-protection#14667b79757a3a7d62716d546776753a737b62"><span class="__cf_email__" data-cfemail="d3a1bcbeb2bdfdbaa5b6aa93a0b1b2fdb4bca5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Section 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 $150,000) 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.
    The SBA defines ``class of products'' based on a combination of (1) 
the six digit North American Industry Classification System (NAICS) 
code, (2) the four digit Product Service Code (PSC), and (3) a 
description of the class of products.
    The SBA is currently processing a request to waive the NMR for 
Positive Airway Pressure Devices and Supplies under NAICS codes 339112 
and 339113, PSC 6515. The public is invited to 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-officials/non-manufacturer-rule/non-manufacturer-waivers.

    Dated: September 6, 2017.
Se[aacute]n F. Crean,
Director, Office of Government Contracting.
[FR Doc. 2017-19457 Filed 9-15-17; 8:45 am]
 BILLING CODE 8025-01-P


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