[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Page 21838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10926]


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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 Product 
Service Code (PSC) 9130--Liquid Propellants--Petroleum Base.

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SUMMARY: The U. S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for PSC 9130--Liquid 
Propellants--Petroleum Base. According to a request, no small business 
manufacturers supply these classes of products to the Federal 
government. If granted, the waiver would allow otherwise qualified 
nonmanufacturer to supply the products of any manufacturer on a Federal 
contract set aside for small businesses, service-disabled veteran-owned 
small businesses, or participants in the SBA's 8(a) Business 
Development Program.

DATES: Comments and source information must be submitted May 26, 2009.

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

FOR FURTHER INFORMATION CONTACT: Ms. Pamela M. McClam, by telephone at 
(202) 205-7408; by FAX at (202) 481-4783, or by e-mail at 
<a href="/cdn-cgi/l/email-protection#a0f0c1cdc5ccc18ecdc3c3ccc1cde0d3c2c18ec7cfd6"><span class="__cf_email__" data-cfemail="3060515d555c511e5d53535c515d704352511e575f46">[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 provide 
that recipients of Federal contracts set aside for small businesses, 
service-disabled veteran-owned small businesses, or participants in the 
SBA's 8(a) Business Development 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(1). The SBA defines ``class of products'' based on a six digit 
coding system. The coding system is the Office of Management and Budget 
North American Industry Classification System (NAICS). In addition, SBA 
uses product service codes to identify particular products within the 
NAICS code to which a waiver would apply.
    The SBA is currently processing a request to waive the 
Nonmanufacturer Rule under NAICS code 324110, for Petroleum Refineries, 
PSC 9130--Liquid Propellants--Petroleum Base.
    The public is invited to comment or provide source information to 
SBA on the proposed waivers of the Nonmanufacturer Rule for this class 
of products within 15 days after date of publication in the Federal 
Register.

Karen C. Hontz,
Director for Government Contracting.
[FR Doc. E9-10926 Filed 5-8-09; 8:45 am]
BILLING CODE 8025-01-P


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