[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Page 38675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18590]


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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 terminate the Nonmanufacturer Rule for 
radio telephones, (Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing) Product Service Code (PSC) 5805 
under North American Industry Classification System 334220.

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SUMMARY: The U.S. Small Business Administration (SBA) intends to 
terminate 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: Comments and source information must be submitted August 19, 
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 
<a href="/cdn-cgi/l/email-protection#caafaea3bea2e4a8bfbea6afb88ab9a8abe4ada5bc"><span class="__cf_email__" data-cfemail="c5a0a1acb1adeba7b0b1a9a0b785b6a7a4eba2aab3">[email protected]</span></a>.

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 the waiver for radio 
telephones, in the Federal Register on July 20, 1998 63 FR 38742. SBA 
recently became aware of the existence of a small business manufacturer 
for this item. For this reason, SBA intends to terminate the waiver 
previously granted for radio telephones, identified under PSC 5805, and 
NAICS code 334220.
    The public is invited to comment to SBA on the proposed termination 
of the waiver of the Nonmanufacturer Rule for this class of product 
specified. All comments by the public will be duly considered by SBA in 
determining whether to finalize its intent to terminate this class of 
product.

    Dated: July 29, 2009.
James A. Gambardella,
Acting Director, Office of Government Contracting.
[FR Doc. E9-18590 Filed 8-3-09; 8:45 am]
BILLING CODE 8025-01-P


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