[Federal Register Volume 73, Number 45 (Thursday, March 6, 2008)]
[Notices]
[Page 12244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4372]


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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 intent to Waive the Nonmanufacturer Rule for All 
Other Miscellaneous Electrical Equipment and Component Manufacturing.

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SUMMARY: The U. S. Small Business Administration (SBA) is considering 
granting a request for a waiver of the Nonmanufacturer Rule for All 
Other Miscellaneous Electrical Equipment and Component 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 March 21, 
2008.

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

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 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 All Other Miscellaneous Electrical Equipment 
and Component Manufacturing. North American Industry Classification 
System (NAICS) code 335999 product number (6210).
    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.

Arthur E. Collins, Jr.,
Director for Government Contracting.
 [FR Doc. E8-4372 Filed 3-5-08; 8:45 am]
BILLING CODE 8025-01-P