[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Notices]
[Pages 4956-4957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1080]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of denial to waive the Nonmanufacturer Rule for 
Commercial Cooking Equipment.

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SUMMARY: The U. S. Small Business Administration (SBA) is denying a 
request for a waiver of the Nonmanufacturer Rule for Commercial Cooking 
Equipment based on our recent discovery of a small business 
manufacturer for this class of products. Denying this waiver will 
require recipients of contracts 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.

DATES: This notice of denial is effective February 14, 2006.

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

[[Page 4957]]

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 a six digit coding system. The coding 
system is the Office of Management and Budget North American Industry 
Classification System (NAICS).
    The SBA received a request on July 25, 2005 to waive the 
Nonmanufacturer Rule for Commercial Cooking Equipment. In response, on 
August 25, 2005, SBA published in the Federal Register a notice of 
intent to waive the Nonmanufacturer Rule for Commercial Cooking 
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 that August 25, 2005 notice, SBA received a comment from a 
small business manufacturer indicating that it has furnished this 
product to the Federal Government. Accordingly, based on the available 
information, SBA has determined that there is a small business 
manufacturer of this class of products, and, is therefore denying the 
class waiver of the Nonmanufacturer Rule for Commercial Cooking 
Equipment, NAICS 333319.

    Dated: January 23, 2006.
Arthur Collins,
Deputy Associate Administrator, Office of Government Contracting.
 [FR Doc. E6-1080 Filed 1-27-06; 8:45 am]
BILLING CODE 8025-01-P