83 FR 24919 - Class Waiver of the Nonmanufacturer Rule
SMALL BUSINESS ADMINISTRATION Federal Register Volume 83, Issue 105 (May 31, 2018)
Federal Register Volume 83, Issue 105 (May 31, 2018)
| Page Range | 24919-24919 | |
| FR Document | 2018-11658 |
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)] [Rules and Regulations] [Page 24919] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11658] ======================================================================= ----------------------------------------------------------------------- SMALL BUSINESS ADMINISTRATION 13 CFR Part 121 Class Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notification of waiver of the Nonmanufacturer Rule for positive airway pressure devices. ----------------------------------------------------------------------- SUMMARY: The U.S. Small Business Administration (SBA) is granting 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. DATES: This action is effective July 2, 2018. FOR FURTHER INFORMATION CONTACT: Carol J. Hulme, Program Analyst, by telephone at 202-205-6347; or by email at [email protected]. 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 $10,000 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), historically underutilized business zones (HUBZones) 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. On February 27, 2017, SBA received a request to waive the NMR for Positive Airway Pressure Devices and Supplies under NAICS codes 339112 (surgical and medical instrument manufacturing) and 339113 (surgical appliance and supplies manufacturing), and PSC 6515 (medical and surgical instrument, equipment and supplies). According to that request, along with supporting documentation, there were no small business manufacturers or processors of CPAP devices in the Federal market. On September 18, 2017 (82 FR 43637), the U.S. Small Business Administration (SBA) issued a Notice of Intent to grant a class waiver for CPAP, BiPAP and other sleep apnea devices. As revealed by the two comments submitted in response to the document, there are no small business manufacturers or processors of this product in the Federal market. The first comment, dated October 19, 2017, did not include domestic small business manufacturers capable of meeting the requirement. The second comment did not identify any manufacturers. Therefore, in the absence of a small business manufacturer of these products, a class waiver is necessary to 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), historically underutilized business zones (HUBZones) or participants in the SBA's 8(a) Business Development (BD) program. 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, Acting Director, Office of Government Contracting. [FR Doc. 2018-11658 Filed 5-30-18; 8:45 am] BILLING CODE 8025-01-P
![Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Rules and Regulations 24919
1. I will place a new job order for the job SWA is actively circulating the job order for attestation, for a period of 3 years from the
opportunity with the State Workforce Agency intrastate clearance; and date of certification, consistent with the
(SWA) serving the area of intended 3. I will offer the job to any qualified and document retention requirements under 20
employment that contains the job assurances available U.S. worker who or is referred for CFR 655.66, 20 CFR 655.56, and 29 CFR
and contents set forth in 20 CFR 655.18 for the job opportunity until 2 business days 503.17. Further, I agree to provide this
recruitment of U.S. workers at the place of after the last date on which the job order is documentation to a DHS or DOL official
employment for at least 5 days beginning not posted. I understand that consistent with 20
upon request.
later than the next business day after CFR 655.40(a), applicants can be rejected
(G) I agree to comply with all assurances,
submitting a petition for an H–2B only for lawful job-related reasons.
nonimmigrant worker(s) and this (F) I agree to retain a copy of this signed obligations, and conditions of employment
accompanying attestation to U.S. Citizenship attestation form, the additional recruitment set forth in the Application for Temporary
and Immigration Services; documentation, including a recruitment Employment Certification (Form ETA–9142B
2. I will place one newspaper report that meets the requirements for and Appendix B) certified by the DOL for my
advertisement, which may be published recruitment reports set forth in 20 CFR business’s job opportunity.
online or in print, on any day of the week, 655.48(a)(1), (2) & (7), together with evidence I declare under penalty of perjury under
meeting the advertising requirements of 20 establishing that my business meets the the laws of the United States of America that
CFR 655.41, during the period of time the standard described in paragraph (C) of this the foregoing is true and correct:
1. Name of hiring or designated official of the employer (Last Name, First Name) * ................................................... 2. *DOL Case Number *
3. Signature * ................................................................................................................................................................. 4. Date signed *
[FR Doc. 2018–11732 Filed 5–25–18; 5:10 pm] business (WOSB), economically business manufacturers or processors of
BILLING CODE P disadvantaged women-owned small CPAP devices in the Federal market.
business (EDWOSB), historically On September 18, 2017 (82 FR 43637),
underutilized business zones the U.S. Small Business Administration
SMALL BUSINESS ADMINISTRATION (HUBZones) or participants in the SBA’s (SBA) issued a Notice of Intent to grant
8(a) Business Development (BD) a class waiver for CPAP, BiPAP and
13 CFR Part 121 program provide the product of a small other sleep apnea devices.
business manufacturer or processor, if
Class Waiver of the Nonmanufacturer the recipient is other than the actual As revealed by the two comments
Rule manufacturer or processor of the submitted in response to the document,
product. This requirement is commonly there are no small business
AGENCY: U.S. Small Business manufacturers or processors of this
Administration. referred to as the Nonmanufacturer Rule
(NMR). 13 CFR 121.406(b). Sections product in the Federal market. The first
ACTION: Notification of waiver of the comment, dated October 19, 2017, did
Nonmanufacturer Rule for positive 8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the
Act authorize SBA to waive the NMR for not include domestic small business
airway pressure devices. manufacturers capable of meeting the
a ‘‘class of products’’ for which there are
SUMMARY: The U.S. Small Business no small business manufacturers or requirement. The second comment did
Administration (SBA) is granting a class processors available to participate in the not identify any manufacturers.
waiver of the Nonmanufacturer Rule Federal market. Therefore, in the absence of a small
(NMR) for Positive Airway Pressure As implemented in SBA’s regulations business manufacturer of these
Devices and Supplies Manufacturing. at 13 CFR 121.1202(c), in order to be products, a class waiver is necessary to
This U.S. industry comprises considered available to participate in allow otherwise qualified regular
establishments primarily engaged in the Federal market for a class of dealers to supply the product of any
manufacturing Continuous Positive products, a small business manufacturer manufacturer on a Federal contract set
Airway Pressure (CPAP) devices, Bi- must have submitted a proposal for a aside for small business, service-
level Positive Airway Pressure (BiPAP) contract solicitation or been awarded a disabled veteran-owned small business
devices, and other products intended to contract to supply the class of products (SDVOSB), women-owned small
treat sleep apnea by keeping a person’s within the last 24 months. The SBA business (WOSB), economically
airways open during sleep. defines ‘‘class of products’’ based on a disadvantaged women-owned small
DATES: This action is effective July 2, combination of (1) the six digit North business (EDWOSB), historically
2018. American Industry Classification underutilized business zones
FOR FURTHER INFORMATION CONTACT: System (NAICS) code, (2) the four digit (HUBZones) or participants in the SBA’s
Carol J. Hulme, Program Analyst, by Product Service Code (PSC), and (3) a 8(a) Business Development (BD)
telephone at 202–205–6347; or by email description of the class of products. program.
at carol-ann.hulme@sba.gov. On February 27, 2017, SBA received More information on the NMR and
SUPPLEMENTARY INFORMATION: Section a request to waive the NMR for Positive Class Waivers can be found at https://
8(a)(17) and 46 of the Small Business Airway Pressure Devices and Supplies www.sba.gov/contracting/contracting-
Act (Act), 15 U.S.C. 637(a)(17) and 657, under NAICS codes 339112 (surgical officials/non-manufacturer-rule/non-
pmangrum on DSK30RV082PROD with RULES
and SBA’s implementing regulations and medical instrument manufacturing) manufacturer-waivers.
require that recipients of Federal supply and 339113 (surgical appliance and
contracts (except those valued between supplies manufacturing), and PSC 6515 David Wm. Loines,
$10,000 and $250,000) set aside for (medical and surgical instrument, Acting Director, Office of Government
small business, service-disabled equipment and supplies). According to Contracting.
veteran-owned small business that request, along with supporting [FR Doc. 2018–11658 Filed 5–30–18; 8:45 am]
(SDVOSB), women-owned small documentation, there were no small BILLING CODE 8025–01–P
VerDate Sep<11>2014 14:57 May 30, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 9990 E:\FR\FM\31MYR1.SGM 31MYR1](https://thefederalregister.org/doc/83_FR_25024/page/1.svg)
Document Created: 2018-05-31 00:48:30
Document Modified: 2018-05-31 00:48:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notification of waiver of the Nonmanufacturer Rule for positive airway pressure devices. | |
| Dates | This action is effective July 2, 2018. | |
| Contact | Carol J. Hulme, Program Analyst, by telephone at 202-205-6347; or by email at [email protected] | |
| FR Citation | 83 FR 24919 |
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