[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Notices]
[Page 66214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19056]
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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 denial to waive the Nonmanufacturer Rule for Personal
Computers.
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SUMMARY: The U.S. Small Business Administration (SBA) is denying a
request for a waiver of the Nonmanufacturer Rule for Personal Computers
based on our discovery of small business manufacturers for this class
of product. Denying 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.
DATE: This notice of denial is effective November 28, 2006.
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 contract solicitation or received a contract from the
Federal Government within the last 24 months. The SBA defines ``class
of products'' based on a six digit coding system. The coding system is
the Office of Management and Budget North American Industry
Classification System (NAICS).
The SBA received a request on September 21, 2006, to waive the
Nonmanufacturer Rule for Personal Computers. In response, on October
12, 2006, SBA published in the Federal Register a notice of intent to
waive the Nonmanufacturer Rule for Personal Computers. SBA explained in
the notice that it was soliciting comments and sources of small
business manufacturers of this class of product. In response to that
October 12, 2006 notice, SBA received comments from small business
manufacturers indicating that they have furnished this product to the
Federal Government.
Accordingly, based on the available information, SBA has determined
that there are small business manufacturers of this class of product,
and, is therefore denying the class waiver of the Nonmanufacturer Rule
for Personal Computers, NAICS code 334111.
Dated: November 6, 2006.
Arthur E. Collins,
Acting Associate Administrator for Government Contracting.
[FR Doc. E6-19056 Filed 11-9-06; 8:45 am]
BILLING CODE 8025-01-P