[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Notices]
[Page 66889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21961]
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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 Office
Supplies, Paper and Toner.
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SUMMARY: The U.S. Small Business Administration (SBA) is considering
granting a waiver of the Nonmanufacturer Rule for Office Supplies,
Paper and Toner. The basis of 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 to provide the products of small business
manufacturers or processors on such contracts. 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 November 16,
2005.
FOR FURTHER INFORMATION CONTACT: Edith 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 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 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. Class of
products is an individual subdivision within a NAICS Industry Number as
established by the Office of Management and Budget in the NAICS Manual,
13 CFR Sec. 121.1202(d). The second is the Product and Service Code
required as a data entry by the Federal Procurement Data System.
The SBA is currently processing a request to waive the
Nonmanufacturer Rule for Office Supplies, Paper and Toner, under NAICS
424120, 339940, 325132, 325992, 322231, 453210. The public is invited
to comment or provide source information to SBA on the proposed waiver
of the Nonmanufacturer Rule for these NAICS codes.
Authority: 15 U.S.C. 637(a)(17).
Dated: October 25, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-21961 Filed 11-2-05; 8:45 am]
BILLING CODE 8025-01-P