[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Notices]
[Pages 42173-42174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17705]


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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 Configured 
Tape Library Storage Equipment.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
class waiver of the Nonmanufacturer Rule for Configured Tape Library 
Storage Equipment, Product Service Code (PSC) 7025 Automated Data 
Processing (ADP) Input/Output and Storage Devices, PSC 7035 ADP Support 
Equipment, and PSC 7045 ADP Supplies, under the North American Industry 
Classification System (NAICS) code 334112 (Computer Storage Device 
Manufacturing). The basis for waiver is that no small business 
manufacturers are supplying these classes of products 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 August 4, 2010.

FOR FURTHER INFORMATI0N CONTACT: Ms. Edith Butler, Procurement Analyst, 
by telephone at (202) 619-0422; by FAX at (202) 481-1788; 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 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

[[Page 42174]]

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 may then identify a specific item within a PSC and NAICS 
to which a class waiver would apply.
    On June 7, 2010, SBA published in the Federal Register a notice of 
intent to waive the Nonmanufacturer Rule for Configured Tape Library 
Storage Equipment, PSC 7025 (ADP Input/Output and Storage Devices), PSC 
7035 (ADP Support Equipment), and PSC 7045 (ADP Supplies), under NAICS 
code 334112 (Computer Storage Device Manufacturing).
    SBA explained in the notice that it was soliciting comments and 
sources of small business manufacturers of these classes of products. 
No comments were received in response to this notice. 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 Configured Tape Library Storage Equipment, PSC 
7025 (ADP Input/Output and Storage Devices), PSC 7035 (ADP Support 
Equipment), and PSC 7045 (ADP Supplies), under NAICS code 334112 
(Computer Storage Device Manufacturing).

    Authority: 15 U.S.C. 637(a)(17).

Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-17705 Filed 7-19-10; 8:45 am]
BILLING CODE 8025-01-P