[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Notices]
[Page 73057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24952]


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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 Irradiation 
Apparatus Manufacturing product number 6525.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Irradiation Apparatus 
Manufacturing (X-Ray Equipment and Supplies).
    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 10, 2008.

FOR FURTHER INFORMATION CONTACT: Pamela M. McClam, Program Analyst, by 
telephone at (202) 205-7408; by FAX at (202) 481-4783; 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 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 September 21, 2007, to waive the 
Nonmanufacturer Rule for Irradiation Apparatus Manufacturing (X-Ray 
Equipment and Supplies).
    In response, on October 31, 2007, SBA published in the Federal 
Register a notice of intent to waive the Nonmanufacturer Rule for 
Irradiation Apparatus Manufacturing (X-Ray Equipment and Supplies). 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, three (3) comments were received from interested parties. 
However, none of the interested parties are small business 
manufacturers of X-Ray Equipment and Supplies. 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 
Irradiation Apparatus Manufacturing (X-Ray Equipment and Supplies) 
NAICS code 334517 and product number 6525.

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

    Dated: December 11, 2007.
Arthur E. Collins, Jr.,
Director for Government Contracting.
 [FR Doc. E7-24952 Filed 12-21-07; 8:45 am]
BILLING CODE 8025-01-P