[Federal Register Volume 72, Number 3 (Friday, January 5, 2007)]
[Notices]
[Pages 604-605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22624]


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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 Re-
refining Used Petroleum Lubricating Oils (MIL-PRF-2104, Type 10W; Type 
15W40; Type 30W; and Type 40W).

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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 Re-
refining Used Petroleum Lubricating Oils (MIL-PRF-2104, Type 10W; Type 
15W40; Type 30W; and Type 40W). According to the request, no small 
business manufacturers supply these classes 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 January 22, 
2007.

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

FOR FURTHER INFORMATI0N CONTACT:  Sarah Ayers, Program Analyst, by 
telephone at (202) 205-6413; by fax at (202) 205-6390; 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 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 Re-refining Used Petroleum Lubricating Oils 
(MIL-PRF-2104, Type 10W; Type 15W40; Type 30W; and Type 40W). North 
American Industry Classification System (NAICS) code 324191.
    The public is invited to comment or provide source information to 
SBA on the proposed waivers of the Nonmanufacturer Rule for this class 
of

[[Page 605]]

NAICS code within 15 days after date of publication in the Federal 
Register.

Arthur E. Collins,
Acting Associate Administrator for Government Contracting.
 [FR Doc. E6-22624 Filed 1-4-07; 8:45 am]
BILLING CODE 8025-01-P