[Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24889-24890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6343]
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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 waiver of the Nonmanufacturer Rule for certain
Petroleum Products.
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SUMMARY: The U.S. Small Business Administration (SBA) is granting a
request for a waiver of the Nonmanufacturer Rule for Industrial Gases
Manufacturing; Refinery Gases made in Petroleum Refineries; Cyrogenic
Tanks, Heavy Gauge Metal Manufacturing; Liquid Oxygen Tanks
Manufacturing; Liquefied Petroleum Gases (LPG) Cylinders Manufacturing;
Bulk Storage Tanks, Heavy Gauge Metal, Manufacturing; Gas Storage
Tanks, Heavy Gauge Metal, Manufacturing; and Cylinders, Pressure, Heavy
Gauge Metal, Manufacturing.
The effect of a waiver would be to allow otherwise qualified
regular dealers to supply the products of any domestic manufacturer on
a Federal contract set aside for small businesses; service-disabled
veteran-owned small businesses or SBA's 8(a) Business Development
Program.
DATES: This waiver is effective May 12, 2006.
FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by
telephone at (202) 619-0422; by FAX at (202) 481-1788; or by e-mail at
[email protected].
SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act
(Act), 15 U.S.C. 637(a)(17), requires that recipients of Federal
contracts set aside for small businesses, service-disabled veteran-
owned small businesses, or SBA's 8(a) Business Development 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. The SBA regulations imposing this requirement are
found at 13 CFR 121.406(b). 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.
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 received a contract from the
Federal government within the last 24 months. The SBA defines ``class
of products'' based on a six digit coding system. The coding system is
the Office of Management and Budget North American Industry
Classification System (NAICS).
The SBA received a request on January 10, 2006 to waive the
Nonmanufacturer Rule for Industrial Gases Manufacturing; Refinery Gases
made in Petroleum Refineries; Cyrogenic Tanks, Heavy Gauge Metal
Manufacturing; Liquid Oxygen Tanks Manufacturing; Liquefied Petroleum
Gases (LPG) Cylinders Manufacturing; Bulk Storage Tanks, Heavy Gauge
Metal, Manufacturing; Gas Storage Tanks, Heavy Gauge Metal,
Manufacturing; and Cylinders, Pressure, Heavy Gauge Metal,
Manufacturing.
In response, on February 24, 2006 SBA published in the Federal
Register a notice of intent to waive the Nonmanufacturer Rule for
Industrial Gases Manufacturing; Refinery Gases made in Petroleum
Refineries; Cyrogenic Tanks, Heavy Gauge Metal Manufacturing; Liquid
Oxygen Tanks Manufacturing; Liquefied Petroleum Gases (LPG) Cylinders
Manufacturing; Bulk Storage Tanks, Heavy Gauge Metal, Manufacturing;
Gas Storage Tanks, Heavy Gauge Metal, Manufacturing; and Cylinders,
Pressure, Heavy Gauge Metal, Manufacturing. SBA explained in the notice
that it was soliciting comments and sources of small business
manufacturers of these classes of products. In response to this notice,
comments were received from interested parties. SBA has determined that
there are no small business manufacturers of these classes of products,
and is therefore granting the waiver of the Nonmanufacturer Rule for
Industrial Gases Manufacturing; Refinery Gases made in Petroleum
Refineries; Cyrogenic Tanks, Heavy Gauge Metal Manufacturing; Liquid
Oxygen Tanks Manufacturing; Liquefied Petroleum Gases (LPG) Cylinders
Manufacturing; Bulk Storage Tanks, Heavy Gauge Metal,
[[Page 24890]]
Manufacturing; Gas Storage Tanks, Heavy Gauge Metal, Manufacturing; and
Cylinders, Pressure, Heavy Gauge Metal, Manufacturing, (NAICS) codes
325120, 324110 and 332420.
Authority: 15 U.S.C. 637(a)(17).
Dated: April 20, 2006.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. E6-6343 Filed 4-26-06; 8:45 am]
BILLING CODE 8025-01-P