[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 39071-39072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15384]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice to grant Waiver of the Nonmanufacturer Rule for 
Televisions.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Televisions. 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 July 23, 2008.

FOR FURTHER INFORMATION CONTACT:  Edith G. Butler, Program Analyst, by 
telephone at (202) 619-0422; by FAX at (202) 481-1788; or by e-mail 
[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 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 May 20, 2008, to waive the 
Nonmanufacturer Rule for Televisions. In response, on June 4, 2008, SBA 
published in the Federal Register a notice of intent to waive the 
Nonmanufacturer Rule for Televisions. 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, no comments were received from 
interested parties. SBA has determined that there are no small business 
manufacturers of this class of product, and is therefore granting the 
waiver of the nonmanufacturer Rule for Televisions under NAICS code 
334220 and product number 5820.


[[Page 39072]]


    Dated: July 1, 2008.
Karen C. Hontz,
Director for Government Contracting.
 [FR Doc. E8-15384 Filed 7-7-08; 8:45 am]
BILLING CODE 8025-01-P