[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Notices]
[Page 56204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19103]


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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 intent to waive the Nonmanufacturer Rule for 
Commercial Refrigerator Equipment.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Commercial 
Refrigerator Equipment. The basis for waivers 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 domestic 
manufacturer on a Federal contract set aside for small businesses, 
service disabled veteran-owned small businesses or SBA's 8(a) Business 
Development Program. The purpose of this notice is to solicit comments 
and potential source information from interested parties.

DATES: Comments and sources must be submitted on or before October 7, 
2005.

FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by FAX at 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, 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. 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 in the Federal 
market.
    As implemented in SBA's regulations at 13 CFR 121.1204, 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 six digit coding systems. The first coding 
system is the Office of Management and Budget North American Industry 
Classification System (NAICS). The second is the Product and Service 
Code required as a data entry field by the Federal Procurement Data 
System.
    The SBA is currently processing a request to waive the 
Nonmanufacturer Rule for Commercial Refrigerator Equipment, North 
American Industry Classification System (NAICS) 423740.
    The public is invited to comment or provide source information to 
SBA on the proposed waiver of the nonmanufacturer rule for this NAICS 
code.

    Authority: 15 U.S.C. 637(A)(17).

    Dated: September 15, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-19103 Filed 9-23-05; 8:45 am]
BILLING CODE 8025-01-P