[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: 05-21060]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: Small Business Administration.
ACTION: Notice of Waiver of the Nonmanufacturer Rule for Commercial
Laundry Equipment.
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SUMMARY: The U.S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for Commercial Laundry Equipment.
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 or awarded through the
SBA's 8(a) Business Development Program.
DATES: This waiver is effective November 7, 2005.
FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by
telephone at (202) 619-0422; by FAX at (202) 205-7280; 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 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 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 by the Federal Procurement Data System.
The SBA received a request on July 22, 2005 to waive the
Nonmanufacturer Rule for Commercial Laundry Equipment. In response, on
August 22, 2005, SBA published in the Federal Register a notice of
intent to waive the Nonmanufacturer Rule for Commercial Laundry
Equipment. SBA explained in the notice that it was soliciting comments
and sources of small business manufacturers of this class of products.
In response to this notice, no comments were received from interested
parties. SBA is therefore granting the waiver of the Nonmanufacturer
Rule for Commercial Laundry Equipment, NAICS 333312.
Authority: 15 U.S.C. 637(a)(17).
Dated: October 13, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-21060 Filed 10-20-05; 8:45 am]
BILLING CODE 8025-01-P