Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 38675 [E9-18590]
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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices
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.
A class of products is defined based
on the Office of Management and
Budget’s NAICS codes and the General
Services Administration’s Product and
Service Code Directory. Within each sixdigit NAICS code are subdivisions of
products that can be considered for
waiver. A request for a waiver of a class
of products should refer to a specific
subdivision, or statement of product,
within a six-digit code in one of these
manuals. A waiver of the
Nonmanufacturer Rule does not waive
the entire class of products under a
specific NAICS code. The class waiver
waives specific products within a
subdivision within a NAICS code.
Any individual or organization
(government agency, business,
association, etc.) may request a waiver
for a class of products. The request
should be in writing, addressed to the
Director for Government Contracting
and should specifically state the class
(or classes) of products for which the
waiver is sought.
SBA is proposing to a retraction of the
class waiver from the non-manufacturer
rule for PSC 9130 (Liquid Propellants—
Petroleum Base) under NAICS code
324110. The waiver from the nonmanufacturer rule for PSC 9130 is being
retracted based on information SBA
received from the Defense Logistics
Agency, Defense Energy Support Center
(DESC), Fort Belvoir, VA. SBA’s Federal
Register Notice of Intent to grant a
waiver of the Non-Manufacturer Rule
for (PSC) 9130 (Liquid Propellants—
Petroleum Base) was published on May
11, 2009. SBA finalized the waiver on
June 8, 2009 (74 FR 27202). DESC was
not aware of the notice until after the
closing date for submission of
comments. They have awarded prime
contracts to, or received offers from,
multiple small business refiners within
the past 24 months.
Thus the SBA is proposing a
retraction of the class waiver from the
non-manufacturer rule for PSC 9130
(Liquid Propellants—Petroleum Base)
under NAICS code 324110.
The public is invited to provide
comments to SBA on the proposed
retraction of the waiver within 15 days
after date of publication in the Federal
Register.
Authority: 15 U.S.C. 634.
Jim Gambardella,
(A) Director for Government Contracting.
[FR Doc. E9–18584 Filed 8–3–09; 8:45 am]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards:
Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business
Administration.
ACTION: Notice of intent to terminate the
Nonmanufacturer Rule for radio
telephones, (Radio and Television
Broadcasting and Wireless
Communications Equipment
Manufacturing) Product Service Code
(PSC) 5805 under North American
Industry Classification System 334220.
SUMMARY: The U.S. Small Business
Administration (SBA) intends to
terminate a waiver of the
Nonmanufacturer Rule for radio
telephones based on SBA’s recent
discovery of a small business
manufacturer. Terminating this waiver
will require recipients of contracts set
aside for small businesses, servicedisabled veteran-owned small
businesses, or Participants in SBA’s 8(a)
Business Development (BD) Program to
provide the products of small business
manufacturers or processors on such
contracts.
DATES: Comments and source
information must be submitted August
19, 2009.
ADDRESSES: You may submit comments
and source information to Edith G.
Butler, Program Analyst, Small Business
Administration, Office of Government
Contracting, 409 3rd Street, SW., Suite
8800, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT: Ms.
Edith G. Butler, by telephone at (202)
619–0422; by FAX at (202) 481–1788; or
by e-mail at edith.butler@sba.gov.
SUPPLEMENTARY INFORMATION: Section
8(a)(17) of the Small Business Act (Act),
and 15 U.S.C. 637(a)(17), and SBA’s
implementing regulations require that
recipients of Federal contracts set aside
for small businesses, service-disabled
veteran-owned small businesses, or
Participants in the SBA’s 8(a) 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. 13 CFR 121.406(b), 125.15(c).
Section 8(a)(17)(b)(iv) 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
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38675
class of products, a small business
manufacturer must have submitted a
proposal for a contract solicitation or
received a contract from the Federal
government within the last 24 months.
The SBA defines ‘‘class of products’’
based on the NAICS. In addition, SBA
uses PSCs to identify particular
products within the NAICS code to
which a waiver would apply.
SBA announced its decision to grant
the waiver for radio telephones, in the
Federal Register on July 20, 1998 63 FR
38742. SBA recently became aware of
the existence of a small business
manufacturer for this item. For this
reason, SBA intends to terminate the
waiver previously granted for radio
telephones, identified under PSC 5805,
and NAICS code 334220.
The public is invited to comment to
SBA on the proposed termination of the
waiver of the Nonmanufacturer Rule for
this class of product specified. All
comments by the public will be duly
considered by SBA in determining
whether to finalize its intent to
terminate this class of product.
Dated: July 29, 2009.
James A. Gambardella,
Acting Director, Office of Government
Contracting.
[FR Doc. E9–18590 Filed 8–3–09; 8:45 am]
BILLING CODE 8025–01–P
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Agencies
[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Page 38675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18590]
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice of intent to terminate the Nonmanufacturer Rule for
radio telephones, (Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing) Product Service Code (PSC) 5805
under North American Industry Classification System 334220.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) intends to
terminate a waiver of the Nonmanufacturer Rule for radio telephones
based on SBA's recent discovery of a small business manufacturer.
Terminating this waiver will require recipients of contracts set aside
for small businesses, service-disabled veteran-owned small businesses,
or Participants in SBA's 8(a) Business Development (BD) Program to
provide the products of small business manufacturers or processors on
such contracts.
DATES: Comments and source information must be submitted August 19,
2009.
ADDRESSES: You may submit comments and source information to Edith G.
Butler, Program Analyst, Small Business Administration, Office of
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC
20416.
FOR FURTHER INFORMATION CONTACT: Ms. Edith G. Butler, by telephone at
(202) 619-0422; by FAX at (202) 481-1788; or by e-mail at
edith.butler@sba.gov.
SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act
(Act), and 15 U.S.C. 637(a)(17), and SBA's implementing regulations
require that recipients of Federal contracts set aside for small
businesses, service-disabled veteran-owned small businesses, or
Participants in the SBA's 8(a) 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. 13 CFR
121.406(b), 125.15(c). Section 8(a)(17)(b)(iv) 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
submitted a proposal for a contract solicitation or received a contract
from the Federal government within the last 24 months. The SBA defines
``class of products'' based on the NAICS. In addition, SBA uses PSCs to
identify particular products within the NAICS code to which a waiver
would apply.
SBA announced its decision to grant the waiver for radio
telephones, in the Federal Register on July 20, 1998 63 FR 38742. SBA
recently became aware of the existence of a small business manufacturer
for this item. For this reason, SBA intends to terminate the waiver
previously granted for radio telephones, identified under PSC 5805, and
NAICS code 334220.
The public is invited to comment to SBA on the proposed termination
of the waiver of the Nonmanufacturer Rule for this class of product
specified. All comments by the public will be duly considered by SBA in
determining whether to finalize its intent to terminate this class of
product.
Dated: July 29, 2009.
James A. Gambardella,
Acting Director, Office of Government Contracting.
[FR Doc. E9-18590 Filed 8-3-09; 8:45 am]
BILLING CODE 8025-01-P