[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Notices]
[Pages 27372-27373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11142]
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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 GEN II and GEN
III Image Intensifier Tubes.
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SUMMARY: The U. S. Small Business Administration (SBA) is granting a
class waiver of the Nonmanufacturer Rule for GEN II and GEN III Image
Intensifier Tubes, Product Service Code (PSC) 5855, Night Vision
Equipment under North American Industry Classification System (NAICS)
code 333314 (Optical Instrument and Lens Manufacturing). The basis for
the waiver is that no small business manufacturers are supplying this
class 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,
Participants
[[Page 27373]]
in SBA's 8(a) Business Development (BD) Program, or Women-Owned Small
Business (WOSB) concerns.
DATES: This waiver is effective May 26, 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 WOSBs, 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), 127.505.
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.
The SBA received a request on August 13, 2010, to waive the
Nonmanufacturer Rule for GEN II and GEN III Image Intensifier Tubes
under Product Service Code (PSC) 5855, Night Vision Equipment, Emitted
and Reflected Radiation, under North American Industry Classification
System (NAICS) code 333314 (Optical Instrument and Lens Manufacturing).
On August 27, 2010, SBA published in the Federal Register a notice
of intent to waive the Nonmanufacturer Rule for the above listed item.
75 FR 21427 (2010). SBA explained in the notice that it was soliciting
comments and sources of small business manufacturers of this class of
products. In addition, SBA conducted market research using the Dynamic
Small Business Search (DSBS) database and no small business
manufacturers that participate in the Federal market were identified.
Lastly, on September 16, 2010, SBA posted a Sources Sought notice on
http://www.fbo.gov that it was soliciting comments and sources of small
business manufacturers of this class of products.
In response to these notices, SBA received comments from fourteen
(14) sources. One respondent, a large business, was identified as a
manufacturer of GEN III image intensifier tubes. Thirteen (13)
respondents were identified as small business suppliers, distributors,
or integrators of GEN II and/or GEN III image intensifier tubes, night
vision systems and/or related equipment. Of these respondents, three
(3) sources requested that additional related items be considered for
waiver: PVS-14, PVS-17, and AVS-9 night vision systems. However, SBA
has identified, through market research, and as a result of findings in
this case, that one or more small business manufacturers or component
assemblers exist for PVS-14, PVS-17, and AVS-9 night vision systems,
and, as such, these items do not qualify to be waived under the
Nonmanufacturer Rule. 13 CFR 121.406(b), 125.15(c), 127.505. One (1)
respondent claimed to be a small business manufacturer of GEN II image
intensifier tubes. However, upon further investigation, the source does
not qualify as a manufacturer under 13 CFR 121.406(b). Thus, no small
business manufacturers of GEN II or GEN III image intensifier tubes
that participate in the Federal market were identified.
Consequently, 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 GEN II and GEN III Image
Intensifier Tubes under PSC 5855, Night Vision Equipment, NAICS code
333314 (Optical Instrument and Lens Manufacturing).
Dated: April 29, 2011.
John W. Klein,
Director, Office of Government Contracting.
[FR Doc. 2011-11142 Filed 5-10-11; 8:45 am]
BILLING CODE 8025-01-P