[Federal Register Volume 75, Number 76 (Wednesday, April 21, 2010)]
[Notices]
[Pages 20870-20871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9142]
-----------------------------------------------------------------------
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 Improved
Outer Tactical Vests and related accessories under Product Service Code
(PSC) 8470 (Armor Personal) under North American Industry
Classification
[[Page 20871]]
System (NAICS) code 339113 (Surgical Appliance and Supplies
Manufacturing).
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) is considering
granting a waiver of the Nonmanufacturer Rule for Improved Outer
Tactical Vests. According to a request, no small business manufacturers
supply these products to the Federal government. If granted, the waiver
would allow an otherwise qualified nonmanufacturer to supply the
products of any manufacturer on a Federal contract set aside for small
businesses, service-disabled veteran-owned small businesses, or
Participants in the SBA's 8(a) Business Development (BD) Program.
DATES: Comments and source information must be submitted May 6, 2010.
ADDRESSES: You may submit comments and source information to Pamela M.
McClam, Program Analyst, Small Business Administration, Office of
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC
20416.
FOR FURTHER INFORMATION CONTACT: Ms. Pamela M. McClam, by telephone at
(202) 205-7408; by FAX at (202) 481-4783, 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 provide
that recipients of Federal contracts set aside for small businesses,
service-disabled veteran-owned small businesses, or Participants in the
SBA's 8(a) BD Program must 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(1). The SBA defines ``class of products'' based on Office of
Management and Budget's NAICS. In addition, SBA uses PSCs to identify
particular products within the NAICS code to which a waiver would
apply.
The SBA is currently processing a request to waive the
Nonmanufacturer Rule for Improved Outer Tactical Vests and related
accessories under NAICS code 339113, Surgical Appliance and Supplies
Manufacturing, PSC 8470--Armor Personal.
The public is invited to comment or provide source information to
SBA on the proposed waivers of the Nonmanufacturer Rule for this class
of product within 15 days after date of publication in the Federal
Register.
Dated: April 14, 2010.
Randall S. Johnston,
Deputy Director for Government Contracting.
[FR Doc. 2010-9142 Filed 4-20-10; 8:45 am]
BILLING CODE 8025-01-P