[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Notices]
[Page 73057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24952]
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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 Waiver of the Nonmanufacturer Rule for Irradiation
Apparatus Manufacturing product number 6525.
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SUMMARY: The U.S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for Irradiation Apparatus
Manufacturing (X-Ray Equipment and Supplies).
The basis for 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
businesses or SBA's 8(a) Business Development Program.
DATES: This waiver is effective January 10, 2008.
FOR FURTHER INFORMATION CONTACT: Pamela M. McClam, Program Analyst, by
telephone at (202) 205-7408; by FAX at (202) 481-4783; 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 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 September 21, 2007, to waive the
Nonmanufacturer Rule for Irradiation Apparatus Manufacturing (X-Ray
Equipment and Supplies).
In response, on October 31, 2007, SBA published in the Federal
Register a notice of intent to waive the Nonmanufacturer Rule for
Irradiation Apparatus Manufacturing (X-Ray Equipment and Supplies). 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, three (3) comments were received from interested parties.
However, none of the interested parties are small business
manufacturers of X-Ray Equipment and Supplies. 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
Irradiation Apparatus Manufacturing (X-Ray Equipment and Supplies)
NAICS code 334517 and product number 6525.
Authority: 15 U.S.C. 637(a)(17).
Dated: December 11, 2007.
Arthur E. Collins, Jr.,
Director for Government Contracting.
[FR Doc. E7-24952 Filed 12-21-07; 8:45 am]
BILLING CODE 8025-01-P