[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Notices]
[Page 1662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-328]



[[Page 1662]]

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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 
Compressed and Liquefied Gases.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Compressed and 
Liquefied Gases, Product Service Code (PSC) 6830, North American 
Industry Classification (NAICS) code 325120. According to a request, no 
small business manufacturers supply this class of product to the 
Federal Government. 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 small businesses, or Participants in the SBA's 8(a) 
Business Development (BD) Program.

DATES: Comments and source information must be submitted January 27, 
2010.

ADDRESSES: You may submit comments and source information to Amy 
Garcia, Program Analyst, U.S. Small Business Administration, Office of 
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 
20416.

FOR FURTHER INFORMATION CONTACT: Amy Garcia, by telephone at (202) 205-
6842; by FAX at (202) 481-1630; or by e-mail at Amy.garcia@sba.gov.

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, 
service-disabled veteran-owned 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). 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 system and (PSCs) to 
further identify particular products within the NAICS code to which a 
waiver would apply. The public is invited to comment or provide source 
information to SBA on the proposed waiver of the Nonmanufacturer Rule 
for this class of product within 15 days after date of publication in 
the Federal Register.

    Dated: January 5, 2010.
Dean Koppel,
Acting Director, Office of Government Contracting.
[FR Doc. 2010-328 Filed 1-11-10; 8:45 am]
BILLING CODE 8025-01-P