Class Waiver of the Nonmanufacturer Rule, 43634 [2020-15535]

Download as PDF 43634 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–MIAX–2020–21, and should be submitted on or before August 7, 2020. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2020–15448 Filed 7–16–20; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [Docket No. SBA–2020–0014] Class Waiver of the Nonmanufacturer Rule U.S. Small Business Administration. ACTION: Notification of waiver of the Nonmanufacturer Rule for diabetic test strips. AGENCY: The U.S. Small Business Administration (SBA) is granting a class waiver of the Nonmanufacturer Rule (NMR) for diabetic test strips under North American Industry Classification System (NAICS) code 325413 and Product Service Code (PSC) 6515. This U.S. industry comprises establishments primarily engaged in manufacturing diabetic test strips. DATES: This action is effective August 17, 2020. FOR FURTHER INFORMATION CONTACT: Carol J. Hulme, Attorney Advisor, by telephone at (202) 205–6347 or by email at carol-ann.hulme@sba.gov. SUPPLEMENTARY INFORMATION: Section 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 khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: 9 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 require that recipients of Federal supply contracts issued as a small business setaside (except as stated below), servicedisabled veteran-owned small business (SDVO SB) set-aside or sole source contract, Historically Underutilized Business Zone (HUBZone) set-aside or sole source contract, WOSB (womenowned small business) or economically disadvantaged women-owned small business (EDWOSB) set-aside or sole source contract, 8(a) set-aside or sole source contract, partial set-aside, or set aside of an order against a multiple award contract 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). Note that 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 defines ‘‘class of products’’ based on a combination of (1) the sixdigit NAICS code, (2) the four-digit PSC, and (3) a description of the class of products. 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 received a request to waive the NMR for diabetic testing strips under NAICS code 325413 and PSC 6515. According to that request, submitted with supporting information, there are no small business manufacturers of these items in the Federal market. On April 20, 2020 (85 FR 08304), the SBA issued a Notice of Intent to grant a class waiver for diabetic test strips. SBA received no comments in response to the Notice. Therefore, in the absence of a small business manufacturer of diabetic test strips, this class waiver is necessary to allow otherwise qualified regular dealers to supply the product of any manufacturer on a Federal contract or order set aside for small business, SDVOSB, WOSB, EDWOSB, HUBZone or participants in the SBA’s 8(a) Business Development Program. SBA’s waiver of the nonmanufacturer rule has PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 no effect on the requirements in 13 CFR 121.406(b)(1)(i) to (iii) and on requirements external to the Small Business Act which involve domestic sources of supply, such as the Buy American Act or the Trade Agreements Act. More information on the NMR and Class Waivers can be found at https:// www.sba.gov/contracting/contractingofficials/non-manufacturer-rule/nonmanufacturer-waivers. David Wm. Loines, Director, Office of Government Contracting. [FR Doc. 2020–15535 Filed 7–16–20; 8:45 am] BILLING CODE P DEPARTMENT OF STATE [Public Notice: 11156] 60-Day Notice of Proposed Information Collection: PEPFAR Program Expenditures Notice of request for public comment. ACTION: The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB. DATES: The Department will accept comments from the public up to September 15, 2020. ADDRESSES: You may submit comments by any of the following methods: • Web: Persons with access to the internet may comment on this notice by going to www.Regulations.gov. You can search for the document by entering ‘‘Docket Number: DOS–2020–0032’’ in the Search field. Then click the ‘‘Comment Now’’ button and complete the comment form. • Email: SGAC_FinancialOps@ state.gov. • Regular Mail: Send written comments to: Office of the US Global AIDS Coordinator and Health Diplomacy (S/GAC), U.S. Department of State, SA–22, 1800 G Street NW, Suite 10300, Washington, DC 20006. • Fax: 202–663–2979. You must include the DS form number (if applicable), information collection title, and the OMB control number in any correspondence. SUMMARY: E:\FR\FM\17JYN1.SGM 17JYN1

Agencies

[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Notices]
[Page 43634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15535]


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SMALL BUSINESS ADMINISTRATION

[Docket No. SBA-2020-0014]


Class Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notification of waiver of the Nonmanufacturer Rule for diabetic 
test strips.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
class waiver of the Nonmanufacturer Rule (NMR) for diabetic test strips 
under North American Industry Classification System (NAICS) code 325413 
and Product Service Code (PSC) 6515. This U.S. industry comprises 
establishments primarily engaged in manufacturing diabetic test strips.

DATES: This action is effective August 17, 2020.

FOR FURTHER INFORMATION CONTACT: Carol J. Hulme, Attorney Advisor, by 
telephone at (202) 205-6347 or by email at [email protected]ba.gov.

SUPPLEMENTARY INFORMATION: Section 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 require that recipients of Federal supply 
contracts issued as a small business set-aside (except as stated 
below), service-disabled veteran-owned small business (SDVO SB) set-
aside or sole source contract, Historically Underutilized Business Zone 
(HUBZone) set-aside or sole source contract, WOSB (women-owned small 
business) or economically disadvantaged women-owned small business 
(EDWOSB) set-aside or sole source contract, 8(a) set-aside or sole 
source contract, partial set-aside, or set aside of an order against a 
multiple award contract 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). Note 
that 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 defines ``class of products'' based on a combination of (1) 
the six-digit NAICS code, (2) the four-digit PSC, and (3) a description 
of the class of products. 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 received a request to waive the NMR for diabetic testing strips 
under NAICS code 325413 and PSC 6515. According to that request, 
submitted with supporting information, there are no small business 
manufacturers of these items in the Federal market.
    On April 20, 2020 (85 FR 08304), the SBA issued a Notice of Intent 
to grant a class waiver for diabetic test strips. SBA received no 
comments in response to the Notice. Therefore, in the absence of a 
small business manufacturer of diabetic test strips, this class waiver 
is necessary to allow otherwise qualified regular dealers to supply the 
product of any manufacturer on a Federal contract or order set aside 
for small business, SDVOSB, WOSB, EDWOSB, HUBZone or participants in 
the SBA's 8(a) Business Development Program. SBA's waiver of the 
nonmanufacturer rule has no effect on the requirements in 13 CFR 
121.406(b)(1)(i) to (iii) and on requirements external to the Small 
Business Act which involve domestic sources of supply, such as the Buy 
American Act or the Trade Agreements Act.
    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,
Director, Office of Government Contracting.
[FR Doc. 2020-15535 Filed 7-16-20; 8:45 am]
BILLING CODE P
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