[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Notices]
[Pages 71595-71596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6635]


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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 terminate waiver of the Nonmanufacturer 
Rule for Commercial Cooking Equipment.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
terminating the waiver of the Nonmanufacturer Rule for Commercial 
Cooking Equipment 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 to provide the products of small business 
manufacturers or processors on such contracts.

DATES: Comments and sources must be submitted on or before December 12, 
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

[[Page 71596]]

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 25, 2005 to waive the 
Nonmanufacturer Rule for Commercial Cooking Equipment. In response, on 
August 25, 2005, SBA published in the Federal Register a notice of 
intent to the waiver of the Nonmanufacturer Rule for Commercial Cooking 
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, a comment was received from an interested 
party. Accordingly, based on the available information, SBA has 
determined that there is a small business manufacturer of this class of 
products, and, is therefore considering terminating the class waiver of 
the Nonmanufacturer Rule for Commercial Cooking Equipment, NAICS 
333319.

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

    Dated: November 22, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
 [FR Doc. E5-6635 Filed 11-28-05; 8:45 am]
BILLING CODE 8025-01-P