[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Notices]
[Pages 74220-74221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28750]


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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 waive the Nonmanufacturer Rule for Control Cable and 
Conductors; Trailers and Heavy Duty Truck Tractors; and Line Hardware 
(Insulator Strings) Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Control Cable and Conductors, 
Trailers

[[Page 74221]]

and Heavy Duty Truck Tractors, and Line Hardware (Insulator Strings) 
Manufacturing. The basis for waiver is that no small business 
manufacturers are supplying these classes of products to the Federal 
government. The effect of a waiver would be to allow otherwise 
qualified regular dealers to supply the products of any manufacturer on 
a Federal contract set aside for small businesses, service-disabled 
veteran-owned small businesses or participants in SBA's 8(a) Business 
Development Program.

DATES: This waiver is effective December 22, 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 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, 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. SBA's regulations provided 
the same for procurements set aside for service-disabled veteran-owned 
small business concerns. This requirement is commonly referred to as 
the Nonmanufacturer Rule. See 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.
    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. 13 CFR 1202(c).
    The SBA defines ``class of products'' based on the Office of 
Management and Budget's North American Industry Classification System 
(NAICS).
    SBA received a request on September 4, 2008, to waive the 
Nonmanufacturer Rule for Control Cable and Conductors, NAICS 335931, 
Product Service Code (PSC) 6145, Trailers and Heavy Duty Truck 
Tractors, NAICS 333924, PCS 2330 and Line Hardware (Insulator Strings) 
Manufacturing, 335932, PSC 6145.
    In response, on October 10, 2008, SBA published in the Federal 
Register a notice of intent to waive the Nonmanufacturer Rule for 
Control Cable and Conductors, Trailers and Heavy Duty Truck Tractors, 
and Line Hardware (Insulator Strings). 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 and SBA has 
determined that there are no small business manufacturers of these 
classes of products. Therefore, SBA is granting the waiver of the 
Nonmanufacturer Rule for Control Cable and Conductors, Trailers and 
Heavy Duty Truck Tractors, and Line Hardware (Insulator Strings) 
Manufacturing.

    Dated: December 1, 2008.
Karen C. Hontz,
Director for Government Contracting.
 [FR Doc. E8-28750 Filed 12-4-08; 8:45 am]
BILLING CODE 8025-01-P