[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