Small Business Size Standards; Waiver of the Nonmanufacturer Rule, 42157-42158 [2011-17951]
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Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2011–17946 Filed 7–15–11; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
Small Business Size Standards:
Waiver of the Nonmanufacturer Rule
U.S. Small Business
Administration.
ACTION: Notice of Denial to Waive the
Nonmanufacturer Rule for Eyeglass
Frames.
AGENCY:
The U. S. Small Business
Administration (SBA) is denying a
request for a class waiver of the
Nonmanufacturer Rule for Optical
Eyeglass Frames, Product Service Code
(PSC) 6540 (Ophthalmic Instruments,
Equipment, and Supplies), under the
North American Industry Classification
System (NAICS) code 339115
(Ophthalmic Goods Manufacturing)
based on SBA’s discovery of one small
business manufacturer. Denying this
waiver will require recipients of Federal
contracts set aside for small businesses,
Service-Disabled Veteran-Owned
(SDVO) small businesses, Participants
in SBA’s 8(a) Business Development
(BD) Program, or Women-Owned Small
Business (WOSB) concerns to provide
the products of small business
manufacturers or processors on such
contracts, unless an individual waiver
in connection with a specific contract is
requested and granted.
DATES: This action is effective August 2,
2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Garcia, Procurement Analyst, by
telephone at (202) 205–6842; by FAX at
(202) 481–1630; or by e-mail at
amy.garcia@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 require that
recipients of Federal supply contracts
set aside for small businesses, SDVO
small businesses, Participants in the
SBA’s 8(a) BD Program, or WOSB
concerns, 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
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SUMMARY:
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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.
13 CFR 121.1202(c). The SBA defines
‘‘class of products’’ based on the Office
of Management and Budget’s NAICS. In
addition, SBA uses PSCs to further
identify particular products within the
NAICS code to which a waiver would
apply. The SBA may then identify a
specific item within a PSC and NAICS
to which a class waiver would apply.
The SBA received a request on
February 15, 2011, to waive the
Nonmanufacturer Rule for Optical
Eyeglass Frames, PSC 6540 (Ophthalmic
Instruments, Equipment, and Supplies),
under NAICS code 339115 (Ophthalmic
Goods Manufacturing). In response, on
April 27, 2011, SBA published in the
Federal Register a notice of intent to
waive the Nonmanufacturer Rule for
Optical Eyeglass Frames (76 FR 10106).
SBA explained in the notice that it was
soliciting comments and sources of
small business manufacturers of this
class of products. In response to the
April 27, 2011 notice, SBA received
comments from a small business
manufacturer indicating that it has
furnished this product to the Federal
government. Accordingly, based on the
available information, SBA has
determined that there are one or more
small business manufacturers of this
class of products, and, is therefore
denying the class waiver of the
Nonmanufacturer Rule for Optical
Eyeglass Frames, PSC 6540 (Ophthalmic
Instruments, Equipment, and Supplies),
under NAICS code 339115 (Ophthalmic
Goods Manufacturing).
John W. Klein,
Acting Director, Office of Government
Contracting.
[FR Doc. 2011–17950 Filed 7–15–11; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
Small Business Size Standards;
Waiver of the Nonmanufacturer Rule
U.S. Small Business
Administration.
ACTION: Notice of Retraction of a Class
Waiver
AGENCY:
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42157
The U.S. Small Business
Administration (SBA) is terminating a
waiver of the Nonmanufacturer Rule for
Service Code (PSC) 9130, Liquid
Propellants—Petroleum Base, under
North American Industry Classification
System (NAICS) code 324110
(Petroleum Refineries), based on SBA’s
discovery of small business
manufacturers. Terminating this waiver
will require recipients of Federal
contracts set aside for small businesses,
Service-Disabled Veteran-Owned
(SDVO) small businesses, Participants
in SBA’s 8(a) Business Development
(BD) Program, or Women-Owned Small
Business (WOSB) concerns to provide
the products of small business
manufacturers or processors on such
contracts.
DATES: This action is effective August 2,
2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Garcia, Procurement Analyst, by
telephone at (202) 205–6842; by Fax at
(202) 481–1630; or by e-mail at
amy.garcia@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 require that
recipients of Federal supply contracts
set aside for small businesses, SDVO
small businesses, Participants in the
SBA’s 8(a) BD Program, or WOSBs,
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),
127.505. 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.
13 CFR 121.1202(c). The SBA defines
‘‘class of products’’ based on the Office
of Management and Budget’s NAICS.
SBA also uses product service codes to
further define a class of products with
an industry.
On June 8, 2009, SBA granted a class
waiver for liquid propellants-petroleum.
74 FR 27202. Liquid propellantspetroleum based are identified in
NAICS code 324110 under PSC 9130.
Soon after the class waiver was
SUMMARY:
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42158
Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices
published, SBA was notified by the
Defense Logistics Agency, Defense
Energy Support Center (DESC), Fort
Belvoir, VA, that the agency has
awarded prime contracts to, or received
offers from, small business refiners. On
August 4, 2009, SBA published a
proposed Notice of Retraction of a
Waiver from the Nonmanufacturer Rule
for PSC 9130 (Liquid Propellants—
Petroleum Base), under NAICS code
324110 (Petroleum Refineries) seeking
comments on the proposed retraction of
waiver. 74 FR 18584. A final Notice of
Retraction of a Waiver was not
published. Consequently, on June 3,
2011, SBA again issued a Federal
Register notice of its intent to retract the
class waiver (76 FR 13777), seeking
comments on the proposed retraction.
SBA received two responses to this
notice, one from a Federal agency and
one from a small business
nonmanufacturer. One nonmanufacturer
objected to the proposed termination of
the waiver. However, the
nonmanufacturer did not provide
evidence that small business
manufacturers are not available to
participate in the Federal marketplace.
Instead, the nonmanufacturer indicated
termination of the class waiver may
hinder its ability to compete for setasides in certain circumstances.
However, the underlying purpose of the
Small Business Act’s manufacturing
requirements is to encourage small
business manufacturing. Thus, if small
business manufacturers exist that can
satisfy a particular requirement, then an
offeror must supply the product of a
small business manufacturer. If these
performance requirements cannot be
met, a contracting officer may request an
individual waiver in connection with a
specific contract. A class waiver is only
appropriate if no small business
manufacturer is available to participate
in the Federal marketplace, and based
on available evidence, small business
manufacturers are participating in this
Federal marketplace for this item. In a
letter to SBA dated June 20, 2011, DLA
identified seven (7) small business
refiners to which DLA has awarded
prime contracts to, or received offers
from, who participate in the Federal
market.
Therefore, SBA is retracting the
Nonmanufacturer Rule class waiver
previously granted for PSC 9130 (Liquid
Propellants—Petroleum Base), under
NAICS code 324110 (Petroleum
Refineries).
DEPARTMENT OF STATE
John W. Klein,
(Acting) Director, Office of Government
Contracting.
[Public Notice: 7527]
[FR Doc. 2011–17951 Filed 7–15–11; 8:45 am]
BILLING CODE 8025–01–P
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘Lyonel
Feininger: Photographs, 1928–1939’’
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236–3 of August 28, 2000 (and, as
appropriate, Delegation of Authority No.
257 of April 15, 2003), I hereby
determine that the objects to be
included in the exhibition ‘‘Lyonel
Feininger: Photographs: 1928–1939,’’
imported from abroad for temporary
exhibition within the United States, are
of cultural significance. The objects are
imported pursuant to loan agreements
with the foreign owners or custodians.
I also determine that the exhibition or
display of the exhibit objects at The J.
Paul Getty Museum, Los Angeles, CA,
from on or about October 25, 2011, until
on or about March 11, 2012; Harvard Art
Museums, Cambridge, MA, from on or
about March 30, 2012, until on or about
June 2, 2012, and at possible additional
exhibitions or venues yet to be
determined, is in the national interest.
I have ordered that Public Notice of
these Determinations be published in
the Federal Register.
SUMMARY:
DEPARTMENT OF STATE
[Public Notice: 7526]
Culturally Significant Objects Imported
for Exhibition Determinations:
‘‘Rembrandt and the Face of Jesus’’
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236–3 of August 28, 2000 (and, as
appropriate, Delegation of Authority No.
257 of April 15, 2003), I hereby
determine that the objects to be
included in the exhibition ‘‘Rembrandt
and the Face of Jesus,’’ imported from
abroad for temporary exhibition within
the United States, are of cultural
significance. The objects are imported
pursuant to loan agreements with the
foreign owners or custodians. I also
determine that the exhibition or display
of the exhibit objects at the Philadelphia
Museum of Art, Philadelphia, PA, from
on or about July 28, 2011, until on or
about October 30, 2011; the Detroit
Institute of Arts, Detroit, MI, from on or
about November 11, 2011, until on
about February 12, 2012, and at possible
additional exhibitions or venues yet to
be determined, is in the national
interest. I have ordered that Public
Notice of these Determinations be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: For
further information, including a list of
the exhibit objects, contact Julie
Simpson, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6467). The
mailing address is U.S. Department of
State, SA–5, L/PD, Fifth Floor (Suite
5H03), Washington, DC 20522–0505.
SUMMARY:
Dated: July 12, 2011.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
For
further information, including a list of
the exhibit objects, contact Julie
Simpson, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6467). The
mailing address is U.S. Department of
State, SA–5, L/PD, Fifth Floor (Suite
5H03), Washington, DC 20522–0505.
FOR FURTHER INFORMATION CONTACT:
Dated: July 12, 2011.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2011–18055 Filed 7–15–11; 8:45 am]
BILLING CODE 4710–05–P
[FR Doc. 2011–18056 Filed 7–15–11; 8:45 am]
BILLING CODE 4710–05–P
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Agencies
[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42157-42158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17951]
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
Small Business Size Standards; Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice of Retraction of a Class Waiver
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) is terminating a
waiver of the Nonmanufacturer Rule for Service Code (PSC) 9130, Liquid
Propellants--Petroleum Base, under North American Industry
Classification System (NAICS) code 324110 (Petroleum Refineries), based
on SBA's discovery of small business manufacturers. Terminating this
waiver will require recipients of Federal contracts set aside for small
businesses, Service-Disabled Veteran-Owned (SDVO) small businesses,
Participants in SBA's 8(a) Business Development (BD) Program, or Women-
Owned Small Business (WOSB) concerns to provide the products of small
business manufacturers or processors on such contracts.
DATES: This action is effective August 2, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Garcia, Procurement Analyst,
by telephone at (202) 205-6842; by Fax at (202) 481-1630; or by e-mail
at amy.garcia@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 require
that recipients of Federal supply contracts set aside for small
businesses, SDVO small businesses, Participants in the SBA's 8(a) BD
Program, or WOSBs, 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), 127.505.
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. 13 CFR
121.1202(c). The SBA defines ``class of products'' based on the Office
of Management and Budget's NAICS. SBA also uses product service codes
to further define a class of products with an industry.
On June 8, 2009, SBA granted a class waiver for liquid propellants-
petroleum. 74 FR 27202. Liquid propellants-petroleum based are
identified in NAICS code 324110 under PSC 9130. Soon after the class
waiver was
[[Page 42158]]
published, SBA was notified by the Defense Logistics Agency, Defense
Energy Support Center (DESC), Fort Belvoir, VA, that the agency has
awarded prime contracts to, or received offers from, small business
refiners. On August 4, 2009, SBA published a proposed Notice of
Retraction of a Waiver from the Nonmanufacturer Rule for PSC 9130
(Liquid Propellants--Petroleum Base), under NAICS code 324110
(Petroleum Refineries) seeking comments on the proposed retraction of
waiver. 74 FR 18584. A final Notice of Retraction of a Waiver was not
published. Consequently, on June 3, 2011, SBA again issued a Federal
Register notice of its intent to retract the class waiver (76 FR
13777), seeking comments on the proposed retraction.
SBA received two responses to this notice, one from a Federal
agency and one from a small business nonmanufacturer. One
nonmanufacturer objected to the proposed termination of the waiver.
However, the nonmanufacturer did not provide evidence that small
business manufacturers are not available to participate in the Federal
marketplace. Instead, the nonmanufacturer indicated termination of the
class waiver may hinder its ability to compete for set-asides in
certain circumstances. However, the underlying purpose of the Small
Business Act's manufacturing requirements is to encourage small
business manufacturing. Thus, if small business manufacturers exist
that can satisfy a particular requirement, then an offeror must supply
the product of a small business manufacturer. If these performance
requirements cannot be met, a contracting officer may request an
individual waiver in connection with a specific contract. A class
waiver is only appropriate if no small business manufacturer is
available to participate in the Federal marketplace, and based on
available evidence, small business manufacturers are participating in
this Federal marketplace for this item. In a letter to SBA dated June
20, 2011, DLA identified seven (7) small business refiners to which DLA
has awarded prime contracts to, or received offers from, who
participate in the Federal market.
Therefore, SBA is retracting the Nonmanufacturer Rule class waiver
previously granted for PSC 9130 (Liquid Propellants--Petroleum Base),
under NAICS code 324110 (Petroleum Refineries).
John W. Klein,
(Acting) Director, Office of Government Contracting.
[FR Doc. 2011-17951 Filed 7-15-11; 8:45 am]
BILLING CODE 8025-01-P