[Federal Register: August 25, 2005 (Volume 70, Number 164)]
[Notices]               
[Page 49966]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au05-91]                         

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SMALL BUSINESS ADMINISTRATION

 
Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration (SBA).

ACTION: Notice of intent to waive the Nonmanufacturer Rule for 
Commercial Laundry Equipment, including Commercial Laundry 
Manufacturing, Dry Cleaning Equipment Manufacturing and Pressing 
Machine Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Commercial Laundry 
Equipment, including Commercial Laundry Manufacturing, Dry Cleaning 
Equipment Manufacturing, and Pressing Machine Manufacturing. 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, service disabled veteran-owned small businesses 
or SBA's 8(a) Business Development Program. The purpose of this notice 
is to solicit comments and potential source information from interested 
parties.

DATES: Comments and sources must be submitted on or before September 9, 
2005.

FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by FAX at 481-1788; or by e-mail at 
edith.butler@sba.gov.


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. 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 in the Federal 
market.
    As implemented in SBA's regulations at 13 CFE 121.1204, 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 established by the Federal Procurement Data System.
    The SBA is currently processing a request to waive the 
Nonmanufacturer Rule for Commercial Laundry Equipment, including 
Commercial Laundry Manufacturing, Dry Cleaning Equipment Manufacturing 
and Pressing Machine Manufacturing, North American Industry 
Classification System (NAICS) 333312.
    The public is invited to comment or provide source information to 
SBA on the proposed waiver of the nonmanufacturer rule for this NAICS 
code.

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

    Dated: August 19, 2005.
Dean Koppel,
Assistant Administrator, Office of Policy and Research.
[FR Doc. 05-16916 Filed 8-24-05; 8:45 am]

BILLING CODE 8025-01-P