[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Page 27203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13263]


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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 Nonmanufacturer Rule.

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SUMMARY: The U. S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for 13 Watt Compact 
Fluorescent Lamps (CFLs), 26 Watt CFLs, and Occupancy Sensors Dual 
Technology. According to a request, no small business manufacturers 
supply these classes of product to the Federal government. If granted, 
the waiver would allow otherwise qualified small businesses 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 (BD) Program.

DATES:  Comments and source information must be submitted June 23, 
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 require 
that recipients of Federal contracts set aside for small businesses, 
service-disabled veteran-owned small businesses, or participants in the 
SBA's 8(a) BD 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(c).
    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 (PSC) to further 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 13 Watt CFLs, 26 Watt CFLs, and Occupancy 
Sensors Dual Technology, NAICS code 335110 PSC 6240.
    The public is invited to comment or provide source information to 
SBA on the proposed waivers of the Nonmanufacturer Rule for this class 
of product code within 15 days after date of publication in the Federal 
Register.

    Dated: June 2, 2009.
Karen C. Hontz,
Director for Government Contracting.
[FR Doc. E9-13263 Filed 6-5-09; 8:45 am]
BILLING CODE 8025-01-P