[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28077-28078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11929]


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

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 
Herbicides, Insecticides, and Fungicides, under Product Service Code 
(PSC) 6840, under North American Industry Classification System (NAICS) 
code 325320, Pesticide and Other Agricultural Chemical Manufacturing.

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

SUMMARY: The U. S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Herbicides, 
Insecticides, and Fungicides, under PSC 6840, under NAICS code 325120. 
According to a request, no small business manufacturers supply these 
products to the Federal government. If granted, the waiver would allow 
an 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 June 3, 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 [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 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

[[Page 28078]]

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 PSC 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.

Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-11929 Filed 5-18-10; 8:45 am]
BILLING CODE 8025-01-P