[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Notices]
[Pages 48106-48107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22628]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Termination of Nonmanufacturer 
Rule Class Waiver

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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SUMMARY: The U.S. Small Business Administration (SBA) is terminating a 
waiver of the Nonmanufacturer Rule for radio telephones based on SBA's 
recent discovery of a small business manufacturer. Terminating this 
waiver will require recipients of contracts set aside for small 
businesses, service-disabled veteran-owned small businesses, or 
Participants in SBA's 8(a) Business Development (BD) Program to provide 
the products of small business manufacturers or processors on such 
contracts.

DATES: This action is effective within 15 days after date of 
publication in the Federal Register.

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].

[[Page 48107]]


SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act 
(Act), and 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.
    The SBA defines ``class of products'' based on the NAICS. In 
addition, SBA uses PSCs to identify particular products within the 
NAICS code to which a waiver would apply.
    SBA announced its decision to grant a Nonmanufacturer Rule class 
waiver for radio telephones in the Federal Register on July 20, 1998, 
63 FR 38742. Radio telephones are identified in NAICS code 334220 and 
PSC 5805.
    The SBA received a request on July 13, 2009 to terminate the 
Nonmanufacturer Rule class waiver previously granted based on the 
existence of a small business manufacturer for this item. SBA issued a 
Federal Register notice of its intent to terminate the class waiver on 
August 4, 2009, 74 FR 38675. In response to this notice, SBA did not 
receive nor did SBA discover additional small business manufacturers.
    Therefore, SBA is terminating the Nonmanufacturer Rule class waiver 
previously granted for radio telephones, identified under PSC 5805, and 
NAICS code 334220.

    Dated: September 15, 2009.
Dean Koppel,
Acting Director, Office of Government Contracting.
[FR Doc. E9-22628 Filed 9-18-09; 8:45 am]
BILLING CODE 8025-01-P