[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Notices]
[Page 52790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21427]
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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 GEN II
and GEN III Image Intensifier Tubes.
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SUMMARY: The U.S. Small Business Administration (SBA) is considering
granting a class waiver of the Nonmanufacturer Rule for Optical
Instrument and Lens Manufacturing. On August 13, 2010, SBA received a
request that a class waiver be granted for GEN II and GEN III Image
Intensifier Tubes, Product Service Code (PSC) 5855, Night Vision
Equipment, Emitted and Reflected Radiation, under the North American
Industry Classification System (NAICS) code 333314 (Optical Instrument
and Lens 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 GEN II and GEN III image intensifier tube manufacturers. If
granted, the waiver would 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 the SBA's 8(a) Business Development (BD)
program.
DATES: Comments and source information must be submitted September 13,
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 GEN II and GEN III Image Intensifier Tubes,
PSC 5855, Night Vision Equipment, Emitted and Reflected Radiation,
under NAICS code 333314 (Optical Instrument and Lens 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 publication in the Federal Register and on
FedBizOpps.gov.
Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-21427 Filed 8-26-10; 8:45 am]
BILLING CODE 8025-01-P