Small Business Size Standards; Waiver of the Nonmanufacturer Rule, 42157-42158 [2011-17951]

Download as PDF 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 srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:43 Jul 15, 2011 Jkt 223001 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: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 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: E:\FR\FM\18JYN1.SGM 18JYN1 srobinson on DSK4SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 16:43 Jul 15, 2011 Jkt 223001 PO 00000 Frm 00047 Fmt 4703 Sfmt 9990 E:\FR\FM\18JYN1.SGM 18JYN1

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]


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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 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
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