[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