[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Page 28077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11926]



Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of Decision not to proceed with issuance of a class 
waiver of the Nonmanufacturer Rule for Improved Outer Tactical Vests 
and related accessories under Product Service Code (PSC) 8470 (Armor 
Personal) under North American Industry Classification System (NAICS) 
code 339113 (Surgical Appliance and Supplies Manufacturing).


SUMMARY: The U. S. Small Business Administration (SBA) will not issue a 
class waiver of the non-manufacturer rule for PSC 8470 (Armor 
Personal), NAICS code 339113.

DATES: A printout of approved class waivers can be found at http://www.sba.gov/aboutsba/sbaprograms/gc/programs/gc_waivers_nonmanufacturer.html.

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, service-disabled veteran-
owned small businesses, or Participants in SBA's 8(a) Business 
Development (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 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.
    A class of products is defined based on the Office of Management 
and Budget's NAICS codes and the General Services Administration's 
Product and Service Code Directory. Within each six-digit NAICS code 
are subdivisions of products that can be considered for a waiver. A 
request for a waiver of a class of products should refer to a specific 
subdivision, or statement of product, within a six-digit NAICS code. A 
waiver of the Nonmanufacturer Rule does not waive the entire class of 
products under a specific NAICS code. The class waiver waives specific 
products within a subdivision within a NAICS code.
    Any individual or organization (government agency, business, 
association, etc.) may request a waiver for a class of products. The 
request should be in writing, addressed to the Director for Government 
Contracting and should specifically state the class (or classes) of 
products for which the waiver is sought.
    In response to a request from a Federal Agency, SBA proposed to 
issue a Class Waiver for Improved Outer Tactical Vests, PSC 8470, NAICS 
code 339113, Federal Register Notice 20870. The SBA received multiple 
comments from small business manufacturers and distributors that have 
been awarded prime contracts or have submitted offers within the past 
24 months.
    Thus, SBA will not issue a class waiver from the non-manufacturer 
rule for PSC 8470 (Armor Personal) under NAICS code 339113.

    Authority: 15 U.S.C. 634.

Karen Hontz,
Director for Government Contracting.
[FR Doc. 2010-11926 Filed 5-18-10; 8:45 am]