[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Page 38156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16074]


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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 
Laboratory Equipment Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a class waiver of the Nonmanufacturer Rule for Liquid 
Chromatography Mass Spectrometry Systems (CS-MS), High Performance 
Liquid Chromatography (HPLC) Systems, Gas Chromatography Mass 
Spectrometry (GC-MS) Systems, and, Inductively Coupled Plasma Mass 
Spectrometry (ICP-MS) Systems under Product Service Code (PSC) 6640 
(Laboratory Equipment and Supplies), under the North American Industry 
Classification System (NAICS) code 334516 (Analytical Laboratory 
Instrument Manufacturing). According to the request, no small business 
manufacturers supply these classes of products to the Federal 
Government. Thus, SBA is seeking information on whether there are small 
business manufacturers of these items. If granted, the waiver would 
allow otherwise qualified small businesses to supply the product 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 July 16, 2010.

ADDRESSES: You may submit comments and source information to Amy 
Garcia, Procurement Analyst, Small Business Administration, Office of 
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 
20416.

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 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 Liquid Chromatography Mass Spectrometry 
Systems (CS-MS), High Performance Liquid Chromatography (HPLC) Systems, 
Gas Chromatography Mass Spectrometry (GC-MS) Systems, and, Inductively 
Coupled Plasma Mass Spectrometry (ICP-MS) Systems under Laboratory 
Equipment Manufacturing, PSC 6640 (Laboratory Equipment and Supplies), 
under NAICS code 334516 (Analytical Laboratory Instrument 
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 posting in the Federal 
Register and on FedBizOpps.gov.

Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-16074 Filed 6-30-10; 8:45 am]
BILLING CODE 8025-01-P