[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Notices]
[Page 61321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21059]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: Small Business Administration (SBA).
ACTION: Notice of termination of waiver of the Nonmanufacturer Rule for
Sporting and Athletic Goods Manufacturing.
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SUMMARY: The U.S. Small Business Administration (SBA) is terminating
the waiver of the Nonmanufacturer Rule for Sporting and Athletic Goods
Manufacturing based on our recent discovery of a small business
manufacturer for this class of products. Terminating this waiver will
require recipients of contracts set aside for small businesses,
service-disabled veteran-owned small businesses or SBA's 8(a) Business
Development Program provide the product of domestic small business
manufacturers or processors on such contracts.
DATES: This termination of waiver is effective November 7, 2005.
FOR FURTHER INFORMATION CONTACT: Edith G. Butler, Program Analyst, by
telephone at (202) 619-0422; by FAX at (202) 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 receipts 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 of the product. 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 available to
participate in the Federal market.
As implemented in SBA's regulations at 13 CFR 121.1202(c), 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 a six digit North American Industry
Classification System (NAICS) and the four digit Product and Service
Code required as a data entry field by the Federal Procurement Data
System.
The SBA received a request on May 17, 2005 to waive the
Nonamnfacturer Rule for Sporting and Athletic Goods Manufacturing. In
response, SBA published a notice in the Federal Register on July 28,
2005 of intent to terminate the waiver of the Nonmanufacturer Rule for
Sporting and Athletic Goods Manufacturing.
In response to this notice, SBA discovered the existence of a small
business manufacturer of this class of products. Accordingly, based on
the available information, SBA has determined that there is a small
business manufacturer of this class of products, and is therefore
terminating the class waiver of the Nonmanufacturer Rule for Sporting
and Athletic Goods Manufacturing, NAICS 339920.
Authority: 15 U.S.C. 637(a)(17).
Dated: October 13, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-21059 Filed 10-20-05; 8:45 am]
BILLING CODE 8025-01-P