[Federal Register Volume 72, Number 244 (Thursday, December 20, 2007)]
[Notices]
[Pages 72433-72434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24716]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice of Waiver of the Nonmanufacturer Rule for Electromedical
and Electrotherapeutic Apparatus Manufacturing.
-----------------------------------------------------------------------
SUMMARY: The U. S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for Electromedical and
Electrotherapeutic Apparatus Manufacturing, Diagnostic equipment, MRI
(magnetic resonance imaging) manufacturing; Magnetic resonance imaging
(MRI) medical diagnostic equipment manufacturing; Medical ultrasound
equipment manufacturing; MRI (magnetic resonance imaging) medical
diagnostic equipment manufacturing; Patient monitoring equipment (e.g.,
intensive care coronary care unit) manufacturing; PET (positron
emission equipment tomography) scanners manufacturing; and Positron
emission tomography (PET) scanners manufacturing. The basis for a
waiver is that no small business manufacturers are supplying this class
of product to the Federal government. The effect of a waiver would be
to 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 business or SBA's 8(a)
Business Development Program.
DATE: This waiver is effective January 4, 2008.
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
[[Page 72434]]
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 systems. The first coding
system is the Office of Management and Budget North American Industry
Classification System (NAICS). The second is the Product and Service
Code required as a data entry field by the Federal Procurement Data
System.
The SBA received a request on October 23, 2007 to waive the
Nonmanufacturer Rule for Electromedical and Electrotherapeutic
Apparatus Manufacturing, Diagnostic equipment, MRI (magnetic resonance
imaging) manufacturing; Magnetic resonance imaging (MRI) medical
diagnostic equipment manufacturing; Medical ultrasound equipment
manufacturing; MRI (magnetic resonance imaging) medical diagnostic
equipment manufacturing; Patient monitoring equipment (e.g., intensive
care coronary care unit) manufacturing; PET (positron emission
equipment tomography) scanners manufacturing; and Positron emission
tomography (PET) scanners manufacturing. In response, on November 15,
2007, SBA published in the Federal Register a notice of intent to waive
the Nonmanufacturer Rule for Electromedical and Electrotherapeutic
Apparatus Manufacturing, Diagnostic equipment, MRI (magnetic resonance
imaging) manufacturing; Magnetic resonance imaging (MRI) medical
diagnostic equipment manufacturing; Medical ultrasound equipment
manufacturing; MRI (magnetic resonance imaging) medical diagnostic
equipment manufacturing; Patient monitoring equipment (e.g, intensive
care coronary care unit) manufacturing; PET (positron emission
equipment tomography) scanners manufacturing; and Positron emission
tomography (PET) scanners 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 this notice, a comment was received from an
interested party, however, no small business manufacturing sources were
discovered. SBA has determined that there are no small business
manufacturers of this class of products, and is therefore granting the
waiver of the Nonmanufacturer Rule for Electromedical and
Electrotherapeutic Apparatus Manufacturing, Diagnostic equipment, MRI
(magnetic resonance imaging) manufacturing; Magnetic resonance imaging
(MRI) medical diagnostic equipment manufacturing; Medical ultrasound
equipment manufacturing; MRI (magnetic resonance imaging) medical
diagnostic equipment manufacturing; Patient monitoring equipment (e.g.,
intensive care coronary care unit) manufacturing; PET (positron
emission equipment tomography) scanners manufacturing; and Positron
emission tomography (PET) scanners manufacturing, NAICS 334510.
Authority: 15 U.S.C. 637(a)(17).
Dated: December 13, 2007.
Arthur E. Collins, Jr.,
Director, Office of Government Contracting.
[FR Doc. E7-24716 Filed 12-19-07; 8:45 am]
BILLING CODE 8025-01-P