[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 
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, 
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]
BILLING CODE 8025-01-P