[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Notices]
[Pages 74220-74221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28750]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice to waive the Nonmanufacturer Rule for Control Cable and
Conductors; Trailers and Heavy Duty Truck Tractors; and Line Hardware
(Insulator Strings) Manufacturing.
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SUMMARY: The U.S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for Control Cable and Conductors,
Trailers
[[Page 74221]]
and Heavy Duty Truck Tractors, and Line Hardware (Insulator Strings)
Manufacturing. The basis for waiver is that no small business
manufacturers are supplying these classes 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 manufacturer on
a Federal contract set aside for small businesses, service-disabled
veteran-owned small businesses or participants in SBA's 8(a) Business
Development Program.
DATES: This waiver is effective December 22, 2008.
FOR FURTHER INFORMATION CONTACT: Edith G. 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, 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. SBA's regulations provided
the same for procurements set aside for service-disabled veteran-owned
small business concerns. This requirement is commonly referred to as
the Nonmanufacturer Rule. See 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.
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. 13 CFR 1202(c).
The SBA defines ``class of products'' based on the Office of
Management and Budget's North American Industry Classification System
(NAICS).
SBA received a request on September 4, 2008, to waive the
Nonmanufacturer Rule for Control Cable and Conductors, NAICS 335931,
Product Service Code (PSC) 6145, Trailers and Heavy Duty Truck
Tractors, NAICS 333924, PCS 2330 and Line Hardware (Insulator Strings)
Manufacturing, 335932, PSC 6145.
In response, on October 10, 2008, SBA published in the Federal
Register a notice of intent to waive the Nonmanufacturer Rule for
Control Cable and Conductors, Trailers and Heavy Duty Truck Tractors,
and Line Hardware (Insulator Strings). SBA explained in the notice that
it was soliciting comments and sources of small business manufacturers
of this class of products. No comments were received and SBA has
determined that there are no small business manufacturers of these
classes of products. Therefore, SBA is granting the waiver of the
Nonmanufacturer Rule for Control Cable and Conductors, Trailers and
Heavy Duty Truck Tractors, and Line Hardware (Insulator Strings)
Manufacturing.
Dated: December 1, 2008.
Karen C. Hontz,
Director for Government Contracting.
[FR Doc. E8-28750 Filed 12-4-08; 8:45 am]
BILLING CODE 8025-01-P