[Federal Register Volume 71, Number 89 (Tuesday, May 9, 2006)]
[Notices]
[Pages 27015-27016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6991]


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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 denial to waive the Nonmanufacturer Rule for Lenses, 
Ophthalmic, Manufacturing.

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SUMMARY: The U. S. Small Business Administration (SBA) is denying a 
request for a waiver of the Nonmanufacturer Rule for Lenses, 
Ophthalmic, Manufacturing based on our recent discovery of a small 
business manufacturer for this class of product. 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 May 24, 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].

[[Page 27016]]


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 
21.406(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 February 16, 2006 to waive the 
Nonmanufacturer Rule for Lenses, Ophthalmic, Manufacturing. In 
response, on March 14, 2006, SBA published in the Federal Register a 
notice of intent to waive the Nonmanufacturer Rule for Lenses, 
Ophthalmic, Manufacturing. SBA explained in the notice that it was 
soliciting comments and sources of small business manufacturers of this 
class of product. In response to that March 14, 2006 notice, SBA 
received a comment from a small business manufacturer indicating that 
they have 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 product, 
and, is therefore denying the class waiver of the Nonmanufacturer Rule 
for Lenses, Ophthalmic, Manufacturing, NAICS codes 339115.

    Dated: May 2, 2006.
Karen C. Hontz,
Associate Administrator for Government Contracting.
 [FR Doc. E6-6991 Filed 5-8-06; 8:45 am]
BILLING CODE 8025-01-P