[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Notices]
[Page 2102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-247]


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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 Waiver of the Nonmanufacturer Rule for Office 
Supplies, Paper and Toner.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Office Supplies, Paper and 
Toner. The basis for waiver 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 
businesses or SBA's 8(a) Business Development Program.

DATES: This waiver is effective January 27, 2006.

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. The first coding 
system is the Office of Management and Budget North American Industry 
Classification System (NAICS).
    The SBA received a request on October 18, 2005, to waive the 
Nonmanufacturer Rule for Office Supplies, Paper and Toner.
    In response, on November 3, 2005, SBA published in the Federal 
Register a notice of intent to waive the Nonmanufacturer Rule for 
Office Supplies, Paper and Toner. 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, a comment was received from an 
interested party. 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 Office Supplies, Paper and 
Toner, NAICS 424120, 339940, 325992, 322231, and 453210.

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

    Dated: January 5, 2006.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. E6-247 Filed 1-11-06; 8:45 am]
BILLING CODE 8025-01-P