[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Notices]
[Page 61322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21062]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of waiver of the Nonmanufacturer Rule for Household 
Refrigerator Equipment.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Household Refrigerator 
Equipment. The basis for waivers is that no small business 
manufacturers are supplying this class of product 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 business or SBA's 8(a) Business 
Development Program.

DATES: This waiver is effective November 7, 2005.

FOR FURTHER INFORMATI0N CONTACT:  Edith 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, 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 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 received a request on July 25, 2005 to waive the 
Nonmanufacturer Rule for Household Refrigerator Equipment. In response, 
on August 25, 2005, SBA published in the Federal Register a notice of 
intent to waive the Nonmanufacturer Rule for Household Refrigerator 
Equipment. SBA explained in the notice that it was soliciting comments 
and sources of small business manufacturers of this class of products.
    In response to this notice, no comments were received from 
interested parties. SBA has determined that there are no small business 
manufacturers of this class of products, and is therefore granting the 
waiver of the Nonmanufacturer Rule for Household Refrigerator 
Equipment, NAICS 335522.

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

    Dated: October 13, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-21062 Filed 10-20-05; 8:45 am]
BILLING CODE 8025-01-P