[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Notices]
[Pages 32257-32258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13777]


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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 proposed retraction of a Class Waiver from the 
Nonmanufacturer Rule for Product Service Code (PSC) 9130, Liquid 
Propellants--Petroleum Base, under North American Industry 
Classification System (NAICS) code 324110 (Petroleum Refineries).

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SUMMARY: The U.S. Small Business Administration (SBA) is proposing the 
retraction of a class waiver from the non-manufacturer rule for PSC 
9130, Liquid Propellants, Petroleum Base, NAICS code 324110.

DATES: Comments and source information must be submitted June 20, 2011.

ADDRESSES: You may submit comments 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 [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, women-owned 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), 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. 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 proposing a retraction of the class waiver from the 
Nonmanufacturer Rule for PSC 9130 (Liquid Propellants--Petroleum Base) 
under NAICS code 324110. The waiver from the Nonmanufacturer Rule for 
PSC 9130 is being retracted based on information SBA received from the 
Defense Logistics Agency, Defense Energy Support Center (DESC), Fort 
Belvoir, VA. On May 11, 2009 (74 FR 21838) SBA published in the Federal 
Register a Notice of Intent to grant a waiver of the Nonmanufacturer 
Rule for PSC 9130 (Liquid Propellants--Petroleum Base). SBA finalized 
the waiver on June 8, 2009 (74 FR 2702). DESC was not aware of the 
notice until after the closing date for submission of comments. DESC 
has awarded prime contracts to, or received offers from,

[[Page 32258]]

multiple small business refiners within 24 months of the date the May 
11, 2009, Federal Register Notice was published. On August 4, 2009, SBA 
published a Notice of Retraction of a Waiver from the Nonmanufacturer 
Rule for PSC 9130 (Liquid Propellants--Petroleum Base), under NAICS 
code 324110 (Petroleum Refineries) seeking comments on the proposed 
retraction of waiver. A final Notice of Retraction of a Waiver from the 
Nonmanufacturer Rule for PSC 9130 (Liquid Propellants--Petroleum Base), 
under NAICS code 324110 (Petroleum Refineries) was not published. 
Therefore, SBA is again proposing to Retract a Waiver from the 
Nonmanufacturer Rule for PSC 9130 (Liquid Propellants--Petroleum Base), 
under NAICS code 324110 (Petroleum Refineries). The public is invited 
to comment or provide source information to SBA on the proposed 
retraction of a waiver of the Nonmanufacturer Rule for the product(s) 
within 15 days after the date of posting in the Federal Register.

John W. Klein,
Acting Director, Office of Government Contracting.
[FR Doc. 2011-13777 Filed 6-2-11; 8:45 am]
BILLING CODE 8025-01-P