[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Page 42157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17950]


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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 Denial to Waive the Nonmanufacturer Rule for Eyeglass 
Frames.

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SUMMARY: The U. S. Small Business Administration (SBA) is denying a 
request for a class waiver of the Nonmanufacturer Rule for Optical 
Eyeglass Frames, Product Service Code (PSC) 6540 (Ophthalmic 
Instruments, Equipment, and Supplies), under the North American 
Industry Classification System (NAICS) code 339115 (Ophthalmic Goods 
Manufacturing) based on SBA's discovery of one small business 
manufacturer. Denying this waiver will require recipients of Federal 
contracts set aside for small businesses, Service-Disabled Veteran-
Owned (SDVO) small businesses, Participants in SBA's 8(a) Business 
Development (BD) Program, or Women-Owned Small Business (WOSB) concerns 
to provide the products of small business manufacturers or processors 
on such contracts, unless an individual waiver in connection with a 
specific contract is requested and granted.

DATES: This action is effective August 2, 2011.

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, Participants in the SBA's 8(a) BD 
Program, or WOSB concerns, 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 may then identify a specific item within a PSC and 
NAICS to which a class waiver would apply.
    The SBA received a request on February 15, 2011, to waive the 
Nonmanufacturer Rule for Optical Eyeglass Frames, PSC 6540 (Ophthalmic 
Instruments, Equipment, and Supplies), under NAICS code 339115 
(Ophthalmic Goods Manufacturing). In response, on April 27, 2011, SBA 
published in the Federal Register a notice of intent to waive the 
Nonmanufacturer Rule for Optical Eyeglass Frames (76 FR 10106). SBA 
explained in the notice that it was soliciting comments and sources of 
small business manufacturers of this class of products. In response to 
the April 27, 2011 notice, SBA received comments from a small business 
manufacturer indicating that it has furnished this product to the 
Federal government. Accordingly, based on the available information, 
SBA has determined that there are one or more small business 
manufacturers of this class of products, and, is therefore denying the 
class waiver of the Nonmanufacturer Rule for Optical Eyeglass Frames, 
PSC 6540 (Ophthalmic Instruments, Equipment, and Supplies), under NAICS 
code 339115 (Ophthalmic Goods Manufacturing).

John W. Klein,
Acting Director, Office of Government Contracting.
[FR Doc. 2011-17950 Filed 7-15-11; 8:45 am]
BILLING CODE 8025-01-P