[Federal Register Volume 70, Number 26 (Wednesday, February 9, 2005)]
[Notices]
[Pages 6921-6922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2526]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice to waive the Nonmanufacturer Rule for Adhesives and 
Sealants Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Adhesives and Sealants 
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; SBA's Very Small 
Business Program or awarded through the SBA's 8(a) Business Development 
Program.

DATES: This waiver is effective February 24, 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, SBA's Very Small Business Program or awarded 
through the 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 121.1204, 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 established by the Federal Procurement Data System.
    The SBA received a request on November 2, 2004 to waive the 
Nonmanufacturer Rule for Adhesives and Sealants Manufacturing.
    In response, on December 6, 2004, SBA published in the Federal 
Register a notice of intent to waive the Nonmanufacturer Rule for 
Adhesives and Sealants Manufacturing. In response to this notice, no 
comments were received from any interested parties. SBA has determined 
that there are no small business manufacturers of this class of 
product, and is therefore granting the waiver of the Nonmanufacturer 
Rule for Adhesives and Sealants Manufacturing, NAICS 325520.


[[Page 6922]]


    Authority: 15 U.S.C. 637(a)(17).

Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 05-2526 Filed 2-8-05; 8:45 am]
BILLING CODE 8025-01-P