[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Notices]
[Page 47036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19126]


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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 Waiver to the Nonmanufacturer Rule for Laboratory 
Equipment Manufacturing (Not-Portable).

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
class waiver of the Nonmanufacturer Rule for Not-Portable, Liquid 
Chromatography Mass Spectrometry (CS-MS) Systems, 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 North American Industry 
Classification System (NAICS) code 334516 (Analytical Laboratory 
Instrument Manufacturing). The basis for waiver is that no small 
business manufacturers are supplying these classes of products to the 
Federal government. The effect of this waiver will 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 August 19, 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 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 June 6, 2010, to waive the 
Nonmanufacturer Rule for not-portable CS-MS, HPLC, GC-MS, and, ICP-MS 
Laboratory Equipment under PSC 6640 (Laboratory Equipment and 
Supplies), under NAICS code 334516 (Analytical Laboratory Instrument 
Manufacturing).
    On July 1, 2010, SBA published in the Federal Register a notice of 
intent to waive the Nonmanufacturer Rule for the above listed items. 75 
FR 38156 (2010). SBA explained in the notice that it was soliciting 
comments and sources of small business manufacturers of this class of 
products. SBA did not specify not-portable equipment only. No comments 
were received in response to this notice. In addition, SBA conducted 
market research using the Dynamic Small Business Search database and no 
small business manufacturers that participate in the Federal market 
were identified. Thus, SBA has determined that there are no small 
business manufacturers of these classes of products. However, because 
the request for a class waiver was limited to not-portable equipment, 
SBA is limiting the waiver to not-portable CS-MS Systems, HPLC Systems, 
GC-MS Systems, and, ICP-MS Systems under PSC 6640 (Laboratory Equipment 
and Supplies), under NAICS code 334516 (Analytical Laboratory 
Instrument Manufacturing).

Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-19126 Filed 8-3-10; 8:45 am]
BILLING CODE 8025-01-P