[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Notices]
[Pages 9630-9631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2653]
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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
Forklifts Manufacturing.
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SUMMARY: The U.S. Small Business Administration (SBA) is denying a
request for a waiver of the Nonmanufacturer Rule for Forklifts
Manufacturing based on our recent discovery of a small business
manufacturer for this class of products. 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.
DATES: This notice of denial is effective March 13, 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),
[[Page 9631]]
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 October 3, 2005 to waive the
Nonmanufacturer Rule for Forklifts Manufacturing. In response, on
November 3, 2005, SBA published in the Federal Register a notice of
intent to waive the Nonmanufacturer Rule for Forklifts Manufacturing.
SBA explained in the notice that it was soliciting comments and sources
of small business manufacturers of this class of products. In response
to that November 3, 2005 notice, SBA received a comment from a small
business manufacturer indicating that it has furnished this product to
the Federal government. Accordingly, based on the available
information, SBA has determined that there is a small business
manufacturer of this class of products, and, is therefore denying the
class waiver of the Nonmanufacturer Rule for Forklifts Manufacturing,
NAICS 333924.
Dated: February 14, 2006.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. E6-2653 Filed 2-23-06; 8:45 am]
BILLING CODE 8025-01-P