[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Pages 27202-27203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13262]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice to waive the Nonmanufacturer Rule for Product Service
Code (PSC) 9130--Liquid
[[Page 27203]]
Propellants--Petroleum Base Manufacturing.
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SUMMARY: The U.S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for PSC 9130--Liquid Propellants--
Petroleum Base Manufacturing. The basis for waiver is that no small
business manufacturers are supplying these classes of products to the
Federal government. The effect of a waiver would be to allow otherwise
qualified small businesses to supply the products of any manufacturer
on a Federal contract set aside for small businesses, service-disabled
veteran-owned small businesses or participants in SBA's 8(a) Business
Development (BD) Program.
DATES: This waiver is effective June 23, 2009.
FOR FURTHER INFORMATION CONTACT: Pamela M. McClam, Program Analyst, by
telephone at (202) 205-7408; by FAX at (202) 481-4783; 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 or participants in SBA's 8(a)
(BD) Program to provide the product of a small business manufacturer or
processor, if the recipient is other than the actual manufacturer or
processor of the product. SBA's regulations provided the same for
procurements set aside for service-disabled veteran-owned small
business concerns. This requirement is commonly referred to as the
Nonmanufacturer Rule. See 13 CFR Sec. 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. 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 1202(c).
The SBA defines ``class of products'' based on the Office of
Management and Budget's North American Industry Classification System
(NAICS) and PSCs within the NAICS code category. SBA received a request
on April 20, 2009, to waive the Nonmanufacturer Rule for NAICS 324110,
Petroleum Refineries, PSC 9130--Liquid Propellants--Petroleum Base
Manufacturing.
In response, on May 11, 2009, SBA published in the Federal Register
a notice of intent to waive the Nonmanufacturer Rule for PSC 9130--
Liquid Propellants--Petroleum Base Manufacturing. SBA explained in the
notice that it was soliciting comments and sources of small business
manufacturers of this class of products. No comments were received and
SBA has determined that there are no small business manufacturers of
these classes of products. Therefore, SBA is granting the waiver of the
Nonmanufacturer Rule for PSC 9130--Liquid Propellants--Petroleum Base
Manufacturing.
Karen C. Hontz,
Director for Government Contracting.
[FR Doc. E9-13262 Filed 6-5-09; 8:45 am]
BILLING CODE 8025-01-P