[Federal Register Volume 74, Number 77 (Thursday, April 23, 2009)]
[Notices]
[Pages 18603-18604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9306]
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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 to the Nonmanufacturer Rule for Conductor and
Control Cable (Aluminum); Conductor and Control Cable (Copper); Truck
Trailer; All terrain vehicles (ATVs), wheeled or tracked; Snowmobiles
and parts; Off-road ATV, wheeled or tracked; Noncurrent-Carrying Wiring
Device Manufacturing, i.e., dead end tees and connectors, guy strain
and link assemblies, bolts, washers, turnbuckles, twisted clips, steel
angle assemblies, yoke plates, compression T connectors, press dies,
anchor shackles, Y clevis ball and Y clevis sockets, yoke plates, and
grounding clamps.
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SUMMARY: The U.S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for Conductor and Control Cable
(Aluminum); Conductor and Control Cable (Copper); Truck Trailer; ATV,
wheeled or tracked; Snowmobiles and parts; Off-road All terrain
vehicles ATV, wheeled or tracked; Noncurrent-Carrying Wiring Device
Manufacturing, dead end tees and connectors, guy strain and link
assemblies, bolts, washers, turnbuckles, twisted clips, steel angle
assemblies, yoke plates, compression T connectors, press dies, anchor
shackles, Y clevis ball and Y clevis sockets, yoke plates, and
grounding clamps.
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 small
businesses to supply the products of any manufacturer on a Federal
contract set aside for small businesses, service-disabled veteran-owned
small businesses or SBA's 8(a) Business Development Program.
DATE: This waiver is effective May 8, 2009.
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].
SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act
(Act), 15 U.S.C. 637(a)(17), and SBA's implementing regulations provide
that recipients of Federal contracts set aside for small businesses,
service-disabled veteran-owned small businesses, or participants in the
SBA's 8(a) Business Development Program must 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. 13 CFR
121.1202(1). The SBA defines ``class of products'' based on the Office
of Management and Budget North American Industry Classification System
(NAICS). In addition, SBA uses Product Service Codes (PSC) to identify
particular products within the NAICS code to which a waiver would
apply.
The SBA received a request on February 13, 2009, to waive the
Nonmanufacturer Rule for Conductor and Cable (Aluminum), NAICS code
331319, PSC 6145; Conductor and Control Cable (Copper), NAICS code
331422, PSC 6145; Truck Trailer Manufacturing; NAICS code 336212, PSC
2330; ATV, wheeled or tracked, Manufacturing; Snowmobiles and parts;
Off-road ATV and wheeled or tracked Manufacturing, NAICS code 336999,
PSC 2330; and Noncurrent-Carrying Wiring Device Manufacturing, i.e.,
dead end tees and connectors, guy strain and link assemblies, bolts,
washers, turnbuckles, twisted clips, steel angle assemblies, yoke
plates, compression T connectors, press dies, anchor shackles, & clevis
ball and & clevis sockets, yoke plates and grounding clamps, NAICS code
335932, PSC 5975.
On March 9, 2009, SBA published in the Federal Register a notice of
intent
[[Page 18604]]
to waive the Nonmanufacturer Rule for the above listed items. SBA
explained in the notice that it was soliciting comments and sources of
small business manufacturers of these classes of products. No comments
were received in response to this notice. SBA has determined that there
are no small business manufacturers of these classes of products, and
is therefore granting the waiver of the Nonmanufacturer Rule for
Conductor and Cable (Aluminum), NAICS code 331319, PSC 6145; Conductor
and Control Cable (Copper), NAICS code 331422, PSC 6145; Truck Trailer
Manufacturing; NAICS code 336212, PSC 2330; ATV, wheeled or tracked,
Manufacturing; Snowmobiles and parts; Off-road ATV and wheeled or
tracked Manufacturing, NAICS code 336999, PSC 2330; and Noncurrent-
Carrying Wiring Device Manufacturing, i.e., dead end tees and
connectors, guy strain and link assemblies, bolts, washers,
turnbuckles, twisted clips, steel angle assemblies, yoke plates,
compression T connectors, press dies, anchor shackles, & clevis ball
and & clevis sockets, yoke plates and grounding clamps, NAICS code
335932, PSC 5975.
Authority: 15 U.S.C. 637(a)(17).
Dated: April 15, 2009.
Karen C. Hontz,
Director for Government Contracting.
[FR Doc. E9-9306 Filed 4-22-09; 8:45 am]
BILLING CODE 8025-01-P