[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Pages 27202-27203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13262]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice to waive the Nonmanufacturer Rule for Product Service 
Code (PSC) 9130--Liquid

[[Page 27203]]

Propellants--Petroleum Base Manufacturing.

-----------------------------------------------------------------------

SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for PSC 9130--Liquid Propellants--
Petroleum Base Manufacturing. The basis for waiver is that no small 
business manufacturers are supplying these classes of products to the 
Federal government. The effect of a waiver would 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 small businesses or participants in SBA's 8(a) Business 
Development (BD) Program.

DATES: This waiver is effective June 23, 2009.

FOR FURTHER INFORMATION CONTACT: Pamela M. McClam, Program Analyst, 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), requires that recipients of Federal 
contracts set aside for small businesses or participants in SBA's 8(a) 
(BD) Program to provide the product of a small business manufacturer or 
processor, if the recipient is other than the actual manufacturer or 
processor of the product. SBA's regulations provided the same for 
procurements set aside for service-disabled veteran-owned small 
business concerns. This requirement is commonly referred to as the 
Nonmanufacturer Rule. See 13 CFR Sec.  121.406(b). 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 1202(c).
    The SBA defines ``class of products'' based on the Office of 
Management and Budget's North American Industry Classification System 
(NAICS) and PSCs within the NAICS code category. SBA received a request 
on April 20, 2009, to waive the Nonmanufacturer Rule for NAICS 324110, 
Petroleum Refineries, PSC 9130--Liquid Propellants--Petroleum Base 
Manufacturing.
    In response, on May 11, 2009, SBA published in the Federal Register 
a notice of intent to waive the Nonmanufacturer Rule for PSC 9130--
Liquid Propellants--Petroleum Base Manufacturing. SBA explained in the 
notice that it was soliciting comments and sources of small business 
manufacturers of this class of products. No comments were received and 
SBA has determined that there are no small business manufacturers of 
these classes of products. Therefore, SBA is granting the waiver of the 
Nonmanufacturer Rule for PSC 9130--Liquid Propellants--Petroleum Base 
Manufacturing.

Karen C. Hontz,
Director for Government Contracting.
[FR Doc. E9-13262 Filed 6-5-09; 8:45 am]
BILLING CODE 8025-01-P