[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Notices]
[Pages 66888-66889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21960]


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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 
Forklifts Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Forklifts 
Manufacturing. The basis of 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 to provide the products of small business 
manufacturers or processors on such contracts. 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 November 14, 
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

[[Page 66889]]

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. Class of products is 
an individual subdivision within a NAICS Industry Number as established 
by the Office of Management and Budget in the NAICS Manual, 13 CFR 
121.1202(d). The second is the Product and Service Code required as a 
data entry by the Federal Procurement Data System.
    The SBA is currently processing a request to waive the 
Nonmanufacturer Rule for Forklifts Manufacturing, NAICS 333924. 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: October 25, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-21960 Filed 11-2-05; 8:45 am]
BILLING CODE 8025-01-P