[Federal Register Volume 70, Number 219 (Tuesday, November 15, 2005)]
[Notices]
[Pages 69373-69374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22568]
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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 Waiver of the Nonmanufacturer Rule for Household
Refrigerator Equipment.
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SUMMARY: The U. S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for Household Refrigerator
Equipment. The basis for waivers is that no small business
manufacturers are supplying this class of product 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 business or SBA's 8(a) Business
Development Program.
DATES: This waiver is effective November 30, 2005.
FOR FURTHER INFORMATI0N 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
[[Page 69374]]
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 received a request on September 2, 2005 to waive the
Nonmanufacturer Rule for Household Refrigerator Equipment. In response,
on September 26, 2005, SBA published in the Federal Register a notice
of intent to waive the Nonmanufacturer Rule for Household Refrigerator
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 has determined that there are no small business
manufacturers of this class of products, and is therefore granting the
waiver of the Nonmanufacturer Rule for Household Refrigerator
Equipment, NAICS 423620.
Authority: 15 U.S.C. 637(a)(17).
Dated: November 1, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-22568 Filed 11-14-05; 8:45 am]
BILLING CODE 8025-01-P