[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Notices]
[Page 52790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21427]


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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 GEN II 
and GEN III Image Intensifier Tubes.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a class waiver of the Nonmanufacturer Rule for Optical 
Instrument and Lens Manufacturing. On August 13, 2010, SBA received a 
request that a class waiver be granted for GEN II and GEN III Image 
Intensifier Tubes, Product Service Code (PSC) 5855, Night Vision 
Equipment, Emitted and Reflected Radiation, under the North American 
Industry Classification System (NAICS) code 333314 (Optical Instrument 
and Lens Manufacturing). According to the request, no small business 
manufacturers supply these classes of products to the Federal 
government. Thus, SBA is seeking information on whether there are small 
business GEN II and GEN III image intensifier tube 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 September 13, 
2010.

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

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 <a href="/cdn-cgi/l/email-protection#c8a9a5b1e6afa9baaba1a988bbaaa9e6afa7be"><span class="__cf_email__" data-cfemail="b4d5d9cd9ad3d5c6d7ddd5f4c7d6d59ad3dbc2">[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 GEN II and GEN III Image Intensifier Tubes, 
PSC 5855, Night Vision Equipment, Emitted and Reflected Radiation, 
under NAICS code 333314 (Optical Instrument and Lens 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.gov.

Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-21427 Filed 8-26-10; 8:45 am]
BILLING CODE 8025-01-P


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