[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