[Federal Register Volume 72, Number 244 (Thursday, December 20, 2007)]
[Notices]
[Pages 72433-72434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24716]


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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 Electromedical 
and Electrotherapeutic Apparatus Manufacturing.

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SUMMARY: The U. S. Small Business Administration (SBA) is granting 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. The basis for a 
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 business or SBA's 8(a) 
Business Development Program.

DATE: This waiver is effective January 4, 2008.

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

[[Page 72434]]

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 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 October 23, 2007 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. In response, on November 15, 
2007, SBA published in the Federal Register a notice of intent 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. 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, however, no small business manufacturing sources were 
discovered. 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 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, NAICS 334510.

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

    Dated: December 13, 2007.
Arthur E. Collins, Jr.,
Director, Office of Government Contracting.
 [FR Doc. E7-24716 Filed 12-19-07; 8:45 am]
BILLING CODE 8025-01-P