[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Page 34057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16597]


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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 Waiver of the Nonmanufacturer Rule for 13 Watt 
Compact Fluorescent Lamps (CFLs), 26 Watt CFLs, and Occupancy Sensors 
Dual Technology.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
class waiver of the Nonmanufacturer Rule for 13 Watt CFLs, 26 Watt 
CFLs, and Occupancy Sensors Dual Technology. The basis for the waiver 
is that no small businesses manufacturers are supplying these classes 
of products to the Federal government. The effect of a waiver would be 
to allow otherwise qualified small businesses 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 
SBA's 8(a) Business Development (BD) Program.

DATES: The waiver is effective July 29, 2009.

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#c5a0a1acb1adeba7b0b1a9a0b785b6a7a4eba2aab3"><span class="__cf_email__" data-cfemail="1a7f7e736e7234786f6e767f685a69787b347d756c">[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) BD Program must 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.
    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. 13 CFR 
121.1202(1). The SBA defines ``class of products'' based on 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 received a request on May 13, 2009, to waiver the 
Nonmanufacturer Rule for 13 Watt CFLs, 26 Watt CFLs, and Occupancy 
Sensors Dual, North American Industry Classification System (NAICS) 
code 335110, product service code 6240. In response, no small business 
manufacturers were identified.

    Dated: July 8, 2009.
James A. Gambardella,
Acting Director, Office of Government Contracting.
 [FR Doc. E9-16597 Filed 7-13-09; 8:45 am]
BILLING CODE 8025-01-P


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