[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: 05-21060]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of Waiver of the Nonmanufacturer Rule for Commercial 
Laundry Equipment.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Commercial Laundry Equipment. 
The basis for waivers is that no small business manufacturers are 
supplying these classes of products to the Federal government. The 
effect of a waiver would be to allow otherwise qualified regular 
dealers to supply the products of any domestic manufacturer on a 
Federal contract set aside for small businesses or awarded through the 
SBA's 8(a) Business Development Program.

DATES: This waiver is effective November 7, 2005.

FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by FAX at (202) 205-7280; or by e-mail at 
<a href="/cdn-cgi/l/email-protection#0560616c716d2b677071696077457667642b626a73"><span class="__cf_email__" data-cfemail="5431303d203c7a362120383126142736357a333b22">[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 recipients of Federal 
contracts set aside for 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 six digit coding systems. The first coding 
system is the Office of Management and Budget North American Industry 
Classification System (NAICS). The second is the Product and Service 
Code required as a data entry by the Federal Procurement Data System.
    The SBA received a request on July 22, 2005 to waive the 
Nonmanufacturer Rule for Commercial Laundry Equipment. In response, on 
August 22, 2005, SBA published in the Federal Register a notice of 
intent to waive the Nonmanufacturer Rule for Commercial Laundry 
Equipment. SBA explained in the notice that it was soliciting comments 
and sources of small business manufacturers of this class of products. 
In response to this notice, no comments were received from interested 
parties. SBA is therefore granting the waiver of the Nonmanufacturer 
Rule for Commercial Laundry Equipment, NAICS 333312.

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

    Dated: October 13, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-21060 Filed 10-20-05; 8:45 am]
BILLING CODE 8025-01-P


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