[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Notices]
[Pages 4940-4941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-338]


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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 All Other 
Miscellaneous Electrical Equipment and Component Manufacturing product 
number 6240.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for All Other Miscellaneous 
Electrical Equipment and Component Manufacturing (Fluorescent Lamps, 
Incandescent Lamps, etc). 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 February 12, 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 December 3, 2007, to waive the 
Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment 
and Component Manufacturing (Fluorescent Lamps, Incandescent Lamps, 
etc).
    In response, on December 14, 2007, SBA published in the Federal 
Register a notice of intent to waive the Nonmanufacturer Rule for All 
Other Miscellaneous Electrical Equipment and Component Manufacturing 
(Fluorescent Lamps, Incandescent Lamps, etc). SBA explained in the 
notice that it was soliciting comments and sources of small business 
manufacturers of this class of products. No comments were received in 
response to this notice. 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 All Other 
Miscellaneous Electrical Equipment and Component Manufacturing 
(Fluorescent Lamps,

[[Page 4941]]

Incandescent Lamps, etc). NAICS code 335999 product number 6240.

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

Arthur E. Collins, Jr.,
Director for Government Contracting.
[FR Doc. 08-338 Filed 1-25-08; 8:45 am]
BILLING CODE 8025-01-M