[Federal Register Volume 73, Number 19 (Tuesday, January 29, 2008)]
[Notices]
[Pages 5257-5258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1493]
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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.
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SUMMARY: The U. S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for Irradiation Apparatus
Manufacturing, Computerized axial tomography (CT/CAT) scanners
manufacturing; CT/CAT (computerized axial tomography) scanners
manufacturing; Fluoroscopes manufacturing; Fluoroscopic X-ray apparatus
and tubes manufacturing; Generators, X-ray, manufacturing; Irradiation
equipment manufacturing; X-ray generators manufacturing; and X-ray
irradiation equipment manufacturing.
The basis for waiver is that no small business manufacturers are
supplying this class of products to the Federal government. The effect
of a waiver would be to allow otherwise qualified regular dealers to
supply the products of any domestics 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 February 13, 2008.
FOR FURTHER INFORMATION CONTACT: Edith G. Butler, Program Analyst, by
telephone at (202) 619-0422; by FAX at (202) 481-1788; or my 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
[[Page 5258]]
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 received a request on October 23, 2007, to waive the
Nonmanufacturer Rule for Irradiation Apparatus Manufacturing,
Computerized axial tomography (CT/CAT) scanners manufacturing; CT/CAT
(computerized axial tomography) scanners manufacturing; Fluoroscopes
manufacturing; Fluoroscopic X-ray apparatus and tubes manufacturing;
Generators, X-ray, manufacturing; Irradiation equipment manufacturing;
X-ray generators manufacturing; and X-ray irradiation equipment
manufacturing, North American Industry Classification System (NAICS)
code 334517 product number 6525. In response, On November 15, 2007, SBA
published in the Federal Register a notice of intent to waive the
Nonmanufacturer Rule for Irradiation Apparatus Manufacturing,
Computerized axial tomography (CT/CAT) scanners manufacturing; CT/CAT
(computerized axial tomography) scanners manufacturing; Fluoroscopes
manufacturing; Fluoroscopic X-ray apparatus and tubes manufacturing;
Generators, X-ray, manufacturing; Irradiation equipment manufacturing;
X-ray generators manufacturing; and X-ray irradiation equipment
manufacturing. SBA explained in the notice that is was soliciting
comments and sources of small business manufacturers of this class of
products.
In response to this notice, two (2) comments were received from
interested parties. However, none of the interested parties are small
business manufacturers of Irradiation Apparatus Manufacturing,
Computerized axial tomography (CT/CAT) scanners manufacturing; CT/CAT
(computerized axial tomography) scanners manufacturing; Fluoroscopes
manufacturing; Fluoroscopic X-ray apparatus and tubes manufacturing;
Generators, X-ray, manufacturing; Irradiation equipment manufacturing;
X-ray generators manufacturing; and X-ray irradiation equipment
manufacturing.
Dated: January 23, 2008.
Arthur E. Collins, Jr.,
Director for Government Contracting.
[FR Doc. E8-1493 Filed 1-28-08; 8:45 am]
BILLING CODE 8025-01-P