[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Notices]
[Page 61322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21061]



[[Page 61322]]

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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 household 
cooking equipment.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Household Laundry Equipment. The 
basis for waivers is that no small business manufacturers are supplying 
this class of product 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; service-disabled veteran-owned small business or 
SBA's 8(a) Business Development Program.

DATES: This waiver is effective November 7, 2005.

FOR FURTHER INFORMATI0N CONTACT:  Edith 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#afcacbc6dbc781cddadbc3caddefdccdce81c8c0d9"><span class="__cf_email__" data-cfemail="86e3e2eff2eea8e4f3f2eae3f4c6f5e4e7a8e1e9f0">[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, 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 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 field by the Federal Procurement Data 
System.
    The SBA received a request on July 22 2005 to waive the 
Nonmanufacturer Rule for Household Cooking Equipment. In response, on 
August 25, 2005, SBA published in the Federal Register a notice of 
intent to waive the Nonmanufacturer Rule for Household Cooking 
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 has determined that there are no small business 
manufacturers of this class of products, and is therefore granting the 
waiver of the Nonmanufacturer Rule for Household Cooking Equipment, 
NAICS 335221.

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

    Dated: October 13, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. 05-21061 Filed 10-20-05; 8:45 am]
BILLING CODE 8025-01-P


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