[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Notices]
[Pages 13802-13803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6355]
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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 Liquid
Propane Gas (LPG).
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SUMMARY: The U.S. Small Business Administration (SBA) is considering
granting a class waiver of the Nonmanufacturer Rule for Liquid Propane
Gas (LPG). On December 10, 2009, SBA received a request that a class
waiver be granted for liquid propane gas (LPG), Product Service Code
(PSC) 6830 (Compressed and Liquefied Gases), under the North American
Industry Classification System (NAICS) code 325120 (Industrial Gases
Manufacturing). According to the request, no small business
manufacturers supply these class of products to the Federal government.
On January 12, 2010, SBA issued a notice of intent to waive the
Nonmanufacturer Rule for Compressed and Liquefied Gases. 75 FR 1662
(2010). After reviewing the responses to the notice SBA has concluded
that the January 12, 2010, notice should have been more specific. Thus,
SBA is seeking information on whether there are small business LPG
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 April 7, 2010.
ADDRESSES: You may submit comments and source information to Amy
Garcia, Program Analyst, Small Business
[[Page 13803]]
Administration, Office of Government Contracting, 409 3rd Street, SW.,
Suite 8800, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Garcia, Program 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 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 LPG, PSC 6830 (Compressed and Liquefied
Gases), under NAICS code 325120 (Industrial Gases Manufacturing). The
public is invited to comment or provide source information to SBA on
the proposed waiver of the Nonmanufacturer Rule for this product within
15 days after date of publication in the Federal Register. In addition,
SBA received several responses to the January 12, 2010, notice from
dealers who believe that NAICS code 454312 (Liquefied Petroleum Gas
(Bottled Gas) Dealers) is the appropriate NAICS code for this industry.
However, wholesale and retail NAICS codes are not applicable to
government procurements. 13 CFR 121.201. A procurement for supplies
should be classified under the appropriate manufacturing or supply
NAICS code. 13 CFR 121.402(b). A firm can qualify as a non-manufacturer
on such a procurement if it meets the requirements of 13 CFR 121.406.
Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-6355 Filed 3-22-10; 8:45 am]
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