SPECIAL NOTICE
73 -- INTENT TO WAIVE NONMANUFACTURER RULE COMMERCIAL OVEN
- Notice Date
- 5/16/2013
- Notice Type
- Special Notice
- NAICS
- 333318
— Other Commercial and Service Industry Machinery Manufacturing
- Contracting Office
- Small Business Administration, Office of Chief Finanical Officer- Aquisition Division, SBA Contracting, 409 Third Street, S.W., Washington, District of Columbia, 20416, United States
- ZIP Code
- 20416
- Solicitation Number
- SBA-2013-0005-COMMERCIAL-OVEN-NMR-CLASS-WAIVER
- Archive Date
- 7/1/2013
- Point of Contact
- Edward Halstead, Phone: 2402100439
- E-Mail Address
-
edward.halstead@sba.gov
(edward.halstead@sba.gov)
- Small Business Set-Aside
- N/A
- Description
- Small Business Size Standards: Waiver of the Nonmanufacturer Rule ACTION: Notice of intent to waive the Nonmanufacturer Rule for commercial-type ovens, gas ranges, and ranges. SUMMARY: The U.S. Small Business Administration (SBA) is considering granting a class waiver of the Nonmanufacturer Rule for commercial-type ovens, gas ranges, and ranges, under Product Service Code (PSC) 7310 (Food Cooking, Baking, and Serving Equipment), under the North American Industry Classification System (NAICS) code 333318 (Other Commercial and Service Industry Machinery Manufacturing). According to the waiver request, no small business manufacturers supply this class of products to the Federal government. Thus, SBA is seeking information on whether there are small business manufacturers of these items. If granted, the waiver would allow otherwise qualified small businesses to supply the product of any manufacturer on a Federal contract set aside for small businesses, Service-Disabled Veteran-Owned (SDVO) small businesses, Participants in the SBA's 8(a) Business Development (BD) program, or Women-Owned Small Businesses (WOSBs). DATES: Comments and source information must be submitted [WITHIN 45 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: You may submit comments and source information to Edward Halstead, Procurement Analyst, Small Business Administration, Office of Government Contracting, 409 3rd Street, SW, Suite 8022, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Edward Halstead, by telephone at (202) 205-9885, or by email at Edward.halstead@sba.gov. SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act (Act), 15 U.S.C. § 637(a)(17), and SBA's implementing regulations provide that recipients of Federal contracts for supplies which are set aside for small businesses, SDVO small businesses, WOSBs, or Participants in the SBA's 8(a) BD Program must 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. 13 CFR 121.406(b). Section 8(a)(17)(B)(iv)(II) of the Act authorizes SBA to waive the Nonmanufacturer Rule for any class of products for which there are no small business manufacturers or processors available to participate in the Federal market. In order to be considered available to participate in the Federal market for a class of products, a small business manufacturer must have been awarded or have performed a contract to supply a specific class of products to the Federal Government within 24 months from the date of the request for waiver, either directly or through a dealer, or have submitted an offer on a solicitation for that class of products within that time frame. 13 CFR 121.1202(c). SBA defines "class of products" as an individual subdivision within a NAICS Industry Number as established by the Office of Management and Budget in the NAICS Manual. 13 CFR 1202(d). In addition, SBA uses PSCs to further identify particular products within the NAICS code to which a waiver would apply. On July 12, 2012, SBA received a request to waive the Nonmanufacturer Rule for commercial ovens and broilers, PSC 7310, under NAICS code 333319 (Other Commercial and Service Industry Machinery Manufacturing). SBA notes that at the time of the request, these items were classified under NAICS code 333319. However, effective October 1, 2012, SBA published revised NAICS codes and Small Business Size Standards, for purposes of Government procurement. As a result of this change, NAICS code 333319 is eliminated from the 2012 NAICS code listing and the items requested for waiver are now listed under the 2012 NAICS code 333318. The public is invited to comment or provide source information to SBA on the proposed waiver of the Nonmanufacturer Rule for the products described in this notice within 45 days after the date of publication in the Federal Register.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/SBA/OOA/OPGM/SBA-2013-0005-COMMERCIAL-OVEN-NMR-CLASS-WAIVER/listing.html)
- Record
- SN03064052-W 20130518/130516235029-4cc6ba8858af67a43a9e33171ca13c59 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
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