[Federal Register Volume 70, Number 219 (Tuesday, November 15, 2005)]
[Notices]
[Page 69373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22567]


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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 Photographic Film, 
Paper, Plate, and Chemical Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Photographic Film, Paper, Plate, 
and Chemical Manufacturing. 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 
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 August 19, 2005 to waive the 
Nonmanufacturer Rule for Photographic Film, Paper, Plate, and Chemical 
Manufacturing. In response, on September 26, 2005, SBA published in the 
Federal Register a notice of intent to waive the Nonmanufacturer Rule 
for Photographic Film, Paper, Plate, and Chemical Manufacturing. 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 Photographic Film, Paper, Plate, and Chemical 
Manufacturing, NAICS 325992.

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

    Dated: November 1, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-22567 Filed 11-14-05; 8:45 am]
BILLING CODE 8025-01-P