[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Notices]
[Pages 40857-40858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17072]


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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 Waiver to the Nonmanufacturer Rule for Herbicides, 
Insecticides, and Fungicides, under Product Service Code (PSC) 6840, 
under North American Industry Classification System (NAICS) code 
325320, Pesticides and Other Agricultural Chemical Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Herbicides, Insecticides, and 
Fungicides, under PSC 6840, under NAICS code 325320. The basis for 
waiver is that no small business manufacturers are supplying this class 
of product to the Federal government. The effect of this waiver will 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 July 29, 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 January 7, 2010, to waive the 
Nonmanufacturer Rule for Herbicides, Insecticides, and Fungicides, PSC 
6840, under NAICS code 325320, Pesticides and Other Agricultural 
Chemical Manufacturing.
    On May 19, 2010, SBA published in the Federal Register a notice of 
intent to waive the Nonmanufacturer Rule for the above listed items. 
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. In addition, SBA conducted 
market research using the Dynamic Small Business Search database and no 
small business manufacturers that participate in the Federal market 
were identified. Thus, SBA has determined that there are no small 
business manufacturers of these classes of products, and is therefore 
granting the waiver of the Nonmanufacturer Rule for Herbicides, 
Insecticides, and Fungicides, under PSC

[[Page 40858]]

6840, under NAICS code 325320, Pesticides and Other Agricultural 
Chemical Manufacturing.

Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-17072 Filed 7-13-10; 8:45 am]
BILLING CODE 8025-01-P