[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28077-28078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11929]
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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 waive the Nonmanufacturer Rule for
Herbicides, Insecticides, and Fungicides, under Product Service Code
(PSC) 6840, under North American Industry Classification System (NAICS)
code 325320, Pesticide and Other Agricultural Chemical Manufacturing.
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SUMMARY: The U. S. Small Business Administration (SBA) is considering
granting a waiver of the Nonmanufacturer Rule for Herbicides,
Insecticides, and Fungicides, under PSC 6840, under NAICS code 325120.
According to a request, no small business manufacturers supply these
products to the Federal government. If granted, the waiver would allow
an 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 the
SBA's 8(a) Business Development (BD) Program.
DATES: Comments and source information must be submitted June 3, 2010.
ADDRESSES: You may submit comments and source information to Amy
Garcia, Program Analyst, U.S. Small Business Administration, Office of
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC
20416.
FOR FURTHER INFORMATION CONTACT: Amy Garcia, by telephone at (202) 205-
6842; by FAX at (202) 481-1630; 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), 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
[[Page 28078]]
manufacturer or processor of the product. This requirement is commonly
referred to as the Nonmanufacturer Rule. 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. 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 system and PSC to
further identify particular products within the NAICS code to which a
waiver would apply.
The public is invited to comment or provide source information to
SBA on the proposed waiver of the Nonmanufacturer Rule for this class
of product within 15 days after date of publication in the Federal
Register.
Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-11929 Filed 5-18-10; 8:45 am]
BILLING CODE 8025-01-P