[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