[Federal Register Volume 75, Number 108 (Monday, June 7, 2010)]
[Notices]
[Page 32231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13549]


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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 intent to waive the nonmanufacturer rule for 
configured tape library storage equipment.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a class waiver of the Nonmanufacturer Rule for Configured Tape 
Library Storage Equipment. SBA is initiating a request that an class 
waiver be granted for Configured Tape Library Storage Equipment, 
Product Service Code (PSC) 7025 Automated Data Processing (ADP) Input/
Output and Storage Devices, 7035 ADP Support Equipment, and 7045 ADP 
Supplies, under the North American Industry Classification System 
(NAICS) code 334112 (Computer Storage Device Manufacturing). According 
to our research, no small business manufacturers supply these classes 
of products to the Federal government. Thus, SBA is seeking information 
on whether there are small business Configured Tape Library Storage 
Equipment manufacturers. If granted, the waiver would 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 the SBA's 8(a) 
Business Development (BD) program.

DATES: Comments and source information must be submitted June 22, 2010.

ADDRESSES: You may submit comments and source information to Edith 
Butler, Program Analyst, Small Business Administration, Office of 
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 
20416.

FOR FURTHER INFORMATION CONTACT:  Ms. Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by Fax at (202) 481-1788; or by e-mail at 
<a href="/cdn-cgi/l/email-protection#8bceefe2ffe3a5c9feffe7eef9cbf8e9eaa5ece4fd"><span class="__cf_email__" data-cfemail="397c5d504d51177b4c4d555c4b794a5b58175e564f">[email protected]</span></a>.

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 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 is currently processing a request to waive the 
Nonmanufacturer Rule for Configured Tape Library Storage Equipment, PSC 
7025 (ADP Input/Output and Storage Devices), 7035 (ADP Support 
Equipment), and 7045 (ADP Supplies), under NAICS code 334112 (Computer 
Storage Device Manufacturing). The public is invited to comment or 
provide source information to SBA on the proposed waiver of the 
Nonmanufacturer Rule for the product within 15 days after date of 
publication in the Federal Register and on FedBizOpps.

    Dated: May 26, 2010.
Randall Johnston,
Deputy Director, Office of Government Contracting.
[FR Doc. 2010-13549 Filed 6-4-10; 8:45 am]
BILLING CODE 8025-01-P


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