[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