[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Page 32519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13652]



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SMALL BUSINESS ADMINISTRATION




Small Business Size Standards: Waiver of the Nonmanufacturer Rule



AGENCY: Small Business Administration.



ACTION: Notice of Waiver to the Nonmanufacturer Rule for Liquid Propane 

Gas (LPG), North American Industry Classification System (NAICS) code 

325120, Product Service Code (PSC) 6830.



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SUMMARY: The U. S. Small Business Administration (SBA) is granting a 

waiver of the Nonmanufacturer Rule for Liquid Propane Gas. The basis 

for waiver is that no small business manufacturers are supplying this 

class of product to the Federal Government. The effect of a waiver 

would be to 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 SBA's 8(a) Business Development (BD) Program.



DATES: This waiver is effective June 23, 2010.



FOR FURTHER INFORMATION CONTACT: Ms. Amy Garcia, Procurement Analyst, 

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 supply contracts set aside for small 

businesses, SDVO 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(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 received a request on December 10, 2010, to waive the 

Nonmanufacturer Rule for LPG, PSC 6830 (Compressed and Liquefied 

Gases), under NAICS code 325120 (Industrial Gases Manufacturing).

    On March 23, 2010, SBA published in the Federal Register a notice 

of intent to waive the Nonmanufacturer Rule for the above listed item. 

SBA explained in the notice that it was soliciting comments and sources 

of small business manufacturers of this class of products. No comments 

were received in response to this notice. SBA has determined that there 

are no small business manufacturers of this class of products, and is 

therefore granting the waiver of the Nonmanufacturer Rule for LPG, PSC 

6830 (Compressed and Liquefied Gases), under NAICS code 325120 

(Industrial Gases Manufacturing).



    Dated: June 1, 2010.

Karen Hontz,

Director, Office of Government Contracting.

[FR Doc. 2010-13652 Filed 6-7-10; 8:45 am]

BILLING CODE 8025-01-P