[Federal Register Volume 75, Number 108 (Monday, June 7, 2010)]
[Notices]
[Page 32231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13549]
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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
configured tape library storage equipment.
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SUMMARY: The U.S. Small Business Administration (SBA) is considering
granting a class waiver of the Nonmanufacturer Rule for Configured Tape
Library Storage Equipment. SBA is initiating a request that an class
waiver be granted for Configured Tape Library Storage Equipment,
Product Service Code (PSC) 7025 Automated Data Processing (ADP) Input/
Output and Storage Devices, 7035 ADP Support Equipment, and 7045 ADP
Supplies, under the North American Industry Classification System
(NAICS) code 334112 (Computer Storage Device Manufacturing). According
to our research, no small business manufacturers supply these classes
of products to the Federal government. Thus, SBA is seeking information
on whether there are small business Configured Tape Library Storage
Equipment manufacturers. If granted, the waiver would 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 (SDVO) small businesses or Participants in the SBA's 8(a)
Business Development (BD) program.
DATES: Comments and source information must be submitted June 22, 2010.
ADDRESSES: You may submit comments and source information to Edith
Butler, Program Analyst, Small Business Administration, Office of
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC
20416.
FOR FURTHER INFORMATION CONTACT: Ms. 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), and SBA's implementing regulations require
that recipients of Federal supply contracts set aside for small
businesses, SDVO 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 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 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 is currently processing a request to waive the
Nonmanufacturer Rule for Configured Tape Library Storage Equipment, PSC
7025 (ADP Input/Output and Storage Devices), 7035 (ADP Support
Equipment), and 7045 (ADP Supplies), under NAICS code 334112 (Computer
Storage Device Manufacturing). The public is invited to comment or
provide source information to SBA on the proposed waiver of the
Nonmanufacturer Rule for the product within 15 days after date of
publication in the Federal Register and on FedBizOpps.
Dated: May 26, 2010.
Randall Johnston,
Deputy Director, Office of Government Contracting.
[FR Doc. 2010-13549 Filed 6-4-10; 8:45 am]
BILLING CODE 8025-01-P