[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Page 32519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13652]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: Small Business Administration.
ACTION: Notice of Waiver to the Nonmanufacturer Rule for Liquid Propane
Gas (LPG), North American Industry Classification System (NAICS) code
325120, Product Service Code (PSC) 6830.
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SUMMARY: The U. S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for Liquid Propane Gas. The basis
for waiver is that no small business manufacturers are supplying this
class of product 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 (SDVO) small businesses or
Participants in SBA's 8(a) Business Development (BD) Program.
DATES: This waiver is effective June 23, 2010.
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 [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 must 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 received a request on December 10, 2010, to waive the
Nonmanufacturer Rule for LPG, PSC 6830 (Compressed and Liquefied
Gases), under NAICS code 325120 (Industrial Gases Manufacturing).
On March 23, 2010, SBA published in the Federal Register a notice
of intent to waive the Nonmanufacturer Rule for the above listed item.
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 in response to this notice. SBA has determined that there
are no small business manufacturers of this class of products, and is
therefore granting the waiver of the Nonmanufacturer Rule for LPG, PSC
6830 (Compressed and Liquefied Gases), under NAICS code 325120
(Industrial Gases Manufacturing).
Dated: June 1, 2010.
Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-13652 Filed 6-7-10; 8:45 am]
BILLING CODE 8025-01-P