[Federal Register Volume 70, Number 219 (Tuesday, November 15, 2005)]
[Notices]
[Pages 69372-69373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22566]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice to waive the Nonmanufacturer Rule for Commercial 
Refrigerator Equipment.

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SUMMARY: The U.S. Small Business Administration (SBA) is 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: This waiver is effective November 30, 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 121.1202(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

[[Page 69373]]

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 Commercial Refrigerator Equipment. In 
response, on September 26, 2005, SBA published in the Federal Register 
a notice of intent to waive the Nonmanufacturer Rule for Commercial 
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 for Commercial Refrigerator Equipment, 
NAICS 423740.

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

    Dated: November 1, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-22566 Filed 11-14-05; 8:45 am]
BILLING CODE 8025-01-P