[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Page 60393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24103]


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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 waive the Nonmanufacturer Rule for Control 
Cable and Conductors; Trailers and Heavy Duty Truck Tractors; and Line 
Hardware (Insulator Strings) Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Control Cable and 
Conductors, Trailers and Heavy Duty Truck Tractors, and Line Hardware 
(Insulator Strings) Manufacturing. According to a request, no small 
business manufacturers supply these classes of product to the Federal 
government. If granted, the waiver would allow otherwise qualified 
regular dealers to supply the products of any manufacturer on a Federal 
contract set aside for small businesses, service-disabled veteran-owned 
small businesses, or participants in the SBA's 8(a) Business 
Development Program.

DATES: Comments and source information must be submitted by October 27, 
2008.

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#1d7879746975337f686971786f5d6e7f7c337a726b"><span class="__cf_email__" data-cfemail="9bfefff2eff3b5f9eeeff7fee9dbe8f9fab5fcf4ed">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act 
(Act), and 15 U.S.C. 637(a)(17), require SBA's implementing regulations 
that recipients of Federal contracts set aside for small businesses, 
service-disabled veteran-owned small businesses, or participants in the 
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's regulations 
imposing this requirement are found at 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.
    As implemented in SBA's regulations at 13 CFR 21.1202(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 coding system. The coding system is 
the Office of Management and Budget North American Industry 
Classification System (NAICS). In addition, SBA uses product service 
codes to identify particular products within the NAICS code to which a 
waiver would apply.
    The SBA is currently processing a request to waive the 
Nonmanufacturer Rule for Control Cable and Conductors, North American 
Industry Classification System (NAICS) code 335931 product service code 
6145; Trailers and Heavy Duty Truck Tractors, NAICS code 333924 product 
service code 2330; and Line Hardware (Insulator Strings), NAICS code 
335932 product service code 5975.
    The public is invited to comment or provide source information to 
SBA on the proposed waivers of the Nonmanufacturer Rule for these 
classes of products codes within 15 days after date of publication in 
the Federal Register.

    Dated: October 3, 2008.
Karen C. Hontz,
Director for Government Contracting.
 [FR Doc. E8-24103 Filed 10-9-08; 8:45 am]
BILLING CODE 8025-01-P


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