[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Notices]
[Pages 12228-12229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3353]


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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 Waive the Nonmanufacturer Rule for Chemical 
and Allied Products.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a request for a waiver of the Nonmanufacturer Rule for Ammonia 
(except fertilizer material) merchant wholesalers; Chemical gases 
merchant wholesalers; Chemicals (except agriculture); Compressed gases 
(except LP gas) merchant wholesalers; Dry ice merchant wholesalers; 
Gases, compressed and liquefied (except liquefied petroleum gas), 
merchant wholesaler; Ice, dry, merchant wholesalers; Industrial 
chemicals merchant wholesalers; Liquefied gases (except LP) merchant 
wholesalers; Organic chemicals merchant wholesalers; and Welding gases 
merchant wholesalers.
    According to the request, no small business manufacturers supply 
this class of products to the Federal government. If granted, the 
waiver would 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 
or SBA's 8(a) Business Development Program.

DATES: Comments and source information must be submitted by March 24, 
2006.

ADDRESSES: You may submit comments and source information to Edith 
Butler, Program Analyst, U.S. Small Business Administration, Office of 
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 
20416.

[[Page 12229]]


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 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 is currently processing a request to waive the 
Nonmanufacturer Rule for Ammonia (except fertilizer material) merchant 
wholesalers; Chemical gases merchant wholesalers; Chemicals (except 
agriculture); Compressed gases (except LP gas) merchant wholesalers; 
Dry ice merchant wholesalers; Gases, compressed and liquefied (except 
liquefied petroleum gas), merchant wholesaler; Ice, dry, merchant 
wholesalers; Industrial chemicals merchant wholesalers; Liquefied gases 
(except LP) merchant wholesalers; Organic chemicals merchant 
wholesalers; and Welding gases merchant wholesalers North American 
Industry Classification System (NAICS) codes 424690. The public is 
invited to comment or provide source information to SBA on the proposed 
waiver of the Nonmanufacturer Rule for this class of NAICS code by 
March 24, 2006.

    Dated: February 18, 2006.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. E6-3353 Filed 3-8-06; 8:45 am]
BILLING CODE 8025-01-P