[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Notices]
[Page 64270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22357]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of intent to waive the Nonmanufacturer Rule for 
Electromedical and Electrotherapeutic Apparatus Manufacturing.

-----------------------------------------------------------------------

SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a request for a waiver of the Nonmanufacturer Rule for 
Electromedical and Electrotherapeutic Apparatus Manufacturing, 
Diagnostic equipment, MRI (magnetic resonance imaging) manufacturing; 
Magnetic resonance imaging (MRI) medical diagnostic equipment 
manufacturing; Medical ultrasound equipment manufacturing; MRI 
(magnetic resonance imaging) medical diagnostic equipment 
manufacturing; Patient monitoring equipment (e.g., intensive care 
coronary care unit) manufacturing; PET (positron emission equipment 
tomography) scanners manufacturing; and Positron emission tomography 
(PET) scanners manufacturing. According to the request, no small 
business manufacturers supply these classes of products to the Federal 
government. If granted, the waiver would 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: Comments and source information must be submitted November 30, 
2007.

ADDRESSES: You may submit comments and source information to Edith G. 
Butler, Program Analyst, U.S. Small Business Administration, Office of 
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 
20416.

FOR FURTHER INFORMATI0N CONTACT: Edith G. 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 a six digit coding system. The coding system is 
the Office of Management and Budget North American Industry 
Classification System (NAICS).
    The SBA is currently processing a request to waive the 
Nonmanufacturer Rule for Electromedical and Electrotherapeutic 
Apparatus Manufacturing, Diagnostic equipment, MRI (magnetic resonance 
imaging) manufacturing; Magnetic resonance imaging (MRI) medical 
diagnostic equipment manufacturing; Medical ultrasound equipment 
manufacturing; MRI (magnetic resonance imaging) medical diagnostic 
equipment manufacturing; Patient monitoring equipment (e.g., intensive 
care coronary care unit) manufacturing; PET (positron emission 
equipment tomography) scanners manufacturing; and Positron emission 
tomography (PET) scanners manufacturing, North American Industry 
Classification System (NAICS) code 334510 product number 6525.
    The public is invited to comment or provide source information to 
SBA on the proposed waivers of the Nonmanufacturer Rule for this class 
of NAICS code within 15 days after date of publication in the Federal 
Register.

    Dated: November 6, 2007.
Arthur E. Collins, Jr.,
Director for Government Contracting.
[FR Doc. E7-22357 Filed 11-14-07; 8:45 am]
BILLING CODE 8025-01-P