[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]


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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 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).

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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