[Federal Register Volume 74, Number 44 (Monday, March 9, 2009)]
[Notices]
[Page 10119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4835]


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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 
Conductor and Control Cable (Aluminum); Conductor and Control Cable 
(Copper); Truck Trailer; All terrain vehicles (ATV's), wheeled or 
tracked; Snowmobiles and parts; Off-road All terrain vehicles (ATV's), 
wheeled or tracked; Noncurrent-Carrying Wiring Device Manufacturing, 
i.e., dead end tees and connectors, guy strain and link assemblies, 
bolts, washers, turnbuckles, twisted clips, steel angle assemblies, 
yoke plates, compression T connectors, press dies, anchor shackles, Y 
clevis ball and Y clevis sockets, yoke plates, and grounding clamps.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Conductor and Control 
Cable (Aluminum); Conductor and Control Cable (Copper); Truck Trailer; 
All terrain vehicles (ATV's), wheeled or tracked; Snowmobiles and 
parts; Off-road All terrain vehicles (ATV's), wheeled or tracked; 
Noncurrent-Carrying Wiring Device Manufacturing, dead end tees and 
connectors, guy strain and link assemblies, bolts, washers, 
turnbuckles, twisted clips, steel angle assemblies, yoke plates, 
compression T connectors, press dies, anchor shackles, Y clevis ball 
and Y clevis sockets, yoke plates, and grounding clamps.
    According to a request, no small business manufacturers supply 
these classes of products to the Federal government.
    If granted, the waiver would allow otherwise qualified 
nonmanufacturer 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 the SBA's 8(a) Business 
Development Program.

DATES: Comments and source information must be submitted by March 24, 
2009.

ADDRESSES: You may submit comments and source information to Edith G. 
Butler, Program Analyst, Small Business Administration, Office of 
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 
20416.

FOR FURTHER INFORMATION CONTACT: Ms. Edith G. Butler, 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), and SBA's implementing regulations provide 
that recipients of Federal contracts set aside for small businesses, 
service-disabled veteran-owned small businesses, or participants in the 
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. 13 CFR 121.406(b), 
125.15(c). 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 
121.1202(1). The SBA defines ``class of products'' based on a six digit 
coding system. The coding system is the Office of Management and Budget 
North American Industry Classification System (NAICS). In addition, SBA 
uses product service codes to identify particular products within the 
NAICS code to which a waiver would apply.
    The SBA is currently processing a request to waive the 
Nonmanufacturer Rule for Conductor and Cable (Aluminum), North American 
Industry Classification System (NAICS) code 331319, product service 
code (PSC) 6145; Conductor and Control Cable (Copper), NAICS code 
331422, PSC 6145; Truck Trailer Manufacturing, NAICS code 336212, PSC 
2330; All Terrain Vehicles (ATV's), wheeled or tracked, Manufacturing; 
Snowmobiles and parts; Off-road all terrain vehicles (ATV's) and 
wheeled or tracked Manufacturing, NAICS code 336999, PSC 2330; and 
Noncurrent-Carrying Wiring Device Manufacturing, i.e., dead end tees 
and connectors, guy strain and link assemblies, bolts, washers, 
turnbuckles, twisted clips, steel angle assemblies, yoke plates, 
compression T connectors, press dies, anchor shackles, & clevis ball 
and & clevis sockets, yoke plates and grounding clamps, NAICS code 
335932, PSC 5975.
    The public is invited to comment or provide source information to 
SBA on the proposed waivers of the Nonmanufacturer Rule for these 
classes of products within 15 days after date of publication in the 
Federal Register.

    Dated: March 3, 2009.
Karen C. Hontz,
Director for Government Contracting.
 [FR Doc. E9-4835 Filed 3-6-09; 8:45 am]
BILLING CODE 8025-01-P