[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Notices]
[Pages 48106-48107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22628]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Termination of Nonmanufacturer
Rule Class Waiver
AGENCY: U.S. Small Business Administration.
ACTION: Notice.
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SUMMARY: The U.S. Small Business Administration (SBA) is terminating a
waiver of the Nonmanufacturer Rule for radio telephones based on SBA's
recent discovery of a small business manufacturer. Terminating this
waiver will require recipients of contracts set aside for small
businesses, service-disabled veteran-owned small businesses, or
Participants in SBA's 8(a) Business Development (BD) Program to provide
the products of small business manufacturers or processors on such
contracts.
DATES: This action is effective within 15 days after date of
publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Ms. Edith G. Butler, by telephone at
(202) 619-0422; by FAX at (202) 481-1788; or by e-mail at
[email protected].
[[Page 48107]]
SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act
(Act), and 15 U.S.C. 637(a)(17), and SBA's implementing regulations
require that recipients of Federal contracts set aside for small
businesses, service-disabled veteran-owned small businesses, or
Participants in the SBA's 8(a) BD 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. 13 CFR
121.406(b), 125.15(c). 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.
The SBA defines ``class of products'' based on the NAICS. In
addition, SBA uses PSCs to identify particular products within the
NAICS code to which a waiver would apply.
SBA announced its decision to grant a Nonmanufacturer Rule class
waiver for radio telephones in the Federal Register on July 20, 1998,
63 FR 38742. Radio telephones are identified in NAICS code 334220 and
PSC 5805.
The SBA received a request on July 13, 2009 to terminate the
Nonmanufacturer Rule class waiver previously granted based on the
existence of a small business manufacturer for this item. SBA issued a
Federal Register notice of its intent to terminate the class waiver on
August 4, 2009, 74 FR 38675. In response to this notice, SBA did not
receive nor did SBA discover additional small business manufacturers.
Therefore, SBA is terminating the Nonmanufacturer Rule class waiver
previously granted for radio telephones, identified under PSC 5805, and
NAICS code 334220.
Dated: September 15, 2009.
Dean Koppel,
Acting Director, Office of Government Contracting.
[FR Doc. E9-22628 Filed 9-18-09; 8:45 am]
BILLING CODE 8025-01-P