[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Notices]
[Page 56203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19100]
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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
Photographic Film, Paper, Plate, and Chemical Manufacturing.
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SUMMARY: The U.S. Small Business Administration (SBA) is considering
granting a waiver of the Nonmanufacturer Rule for Photographic Film,
Paper, Plate, and Chemical Manufacturing. The basis for waivers is that
no small business manufacturers are supplying these classes of products
to the Federal government. The effect of a waiver would be to allow
otherwise qualified regular dealers to supply the products of any
domestic manufacturer on a Federal contract set aside for small
businesses, service disabled veteran-owned small businesses or SBA's
8(a) Business Development Program. The purpose of this notice is to
solicit comments and potential source information from interested
parties.
DATES: Comments and sources must be submitted on or before October 7,
2005.
FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by
telephone at (202) 619-0422; by FAX at 481-1788; 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), requires that recipients of Federal
contracts set aside for small businesses, service-disabled veteran-
owned small businesses, or SBA's 8(a) Business Development Program
provide the product of a small business manufacturer or processor, if
the recipient is other than the actual manufacturer or processor. This
requirement is commonly referred to as the Nonmanufacturer Rule.
The SBA regulations imposing this requirement are found at 13 CFR
121.406 (b). 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 in the Federal
market.
As implemented in SBA's regulations at 13 CFE 121.1204, 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. The SBA defines ``class
of products'' based on six digit coding systems. The first coding
system is the Office of Management and Budget North American Industry
Classification System (NAICS). The second is the Product and Service
Code required as a data entry field by the Federal Procurement Data
System.
The SBA is currently processing a request to waive the
Nonmanufacturer Rule for Photographic Film, Paper, Plate, and Chemical
Manufacturing, North American Industry Classification System (NAICS)
325992. The public is invited to comment or provide source information
to SBA on the proposed waiver of the nonmanufacturer rule for this
NAICS code.
Authority: 15 U.S.C. 637(A)(17).
Dated: September 15, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-19100 Filed 9-23-05; 8:45 am]
BILLING CODE 8025-01-P