[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Notices]
[Page 66889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21961]


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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 Office 
Supplies, Paper and Toner.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Office Supplies, 
Paper and Toner. 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 16, 
2005.

FOR FURTHER INFORMATION 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. 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 Sec.  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 Office Supplies, Paper and Toner, under NAICS 
424120, 339940, 325132, 325992, 322231, 453210. The public is invited 
to comment or provide source information to SBA on the proposed waiver 
of the Nonmanufacturer Rule for these NAICS codes.

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

    Dated: October 25, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-21961 Filed 11-2-05; 8:45 am]
BILLING CODE 8025-01-P