[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Notices]
[Page 61321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21059]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration (SBA).

ACTION: Notice of termination of waiver of the Nonmanufacturer Rule for 
Sporting and Athletic Goods Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is terminating 
the waiver of the Nonmanufacturer Rule for Sporting and Athletic Goods 
Manufacturing based on our recent discovery of a small business 
manufacturer for this class of products. Terminating this waiver will 
require recipients of contracts set aside for small businesses, 
service-disabled veteran-owned small businesses or SBA's 8(a) Business 
Development Program provide the product of domestic small business 
manufacturers or processors on such contracts.

DATES: This termination of waiver is effective November 7, 2005.

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 
<a href="/cdn-cgi/l/email-protection#89ecede0fde1a7ebfcfde5ecfbc9faebe8a7eee6ff"><span class="__cf_email__" data-cfemail="f396979a879bdd9186879f9681b3809192dd949c85">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act, 
(Act) 15 U.S.C. 637(A)(17), requires that receipts of Federal contracts 
set aside for small businesses, service-disabled veteran-owned 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. This 
requirement is commonly referred to as the Nonmanufacturer Rule.
    The SBA regulations imposing this requirement are found at 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.
    As implemented in SBA's regulations at 13 CFR 121.1202(c), 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 a six digit North American Industry 
Classification System (NAICS) and the four digit Product and Service 
Code required as a data entry field by the Federal Procurement Data 
System.
    The SBA received a request on May 17, 2005 to waive the 
Nonamnfacturer Rule for Sporting and Athletic Goods Manufacturing. In 
response, SBA published a notice in the Federal Register on July 28, 
2005 of intent to terminate the waiver of the Nonmanufacturer Rule for 
Sporting and Athletic Goods Manufacturing.
    In response to this notice, SBA discovered the existence of a small 
business manufacturer of this class of products. Accordingly, based on 
the available information, SBA has determined that there is a small 
business manufacturer of this class of products, and is therefore 
terminating the class waiver of the Nonmanufacturer Rule for Sporting 
and Athletic Goods Manufacturing, NAICS 339920.

    Authority: 15 U.S.C. 637(a)(17).

    Dated: October 13, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-21059 Filed 10-20-05; 8:45 am]
BILLING CODE 8025-01-P


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