Small business size standards: Nonmanufacturer rule; waivers— Commercial cooking equipment,

[Federal Register: November 29, 2005 (Volume 70, Number 228)]

[Notices]

[Page 71595-71596]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29no05-119]

SMALL BUSINESS ADMINISTRATION

Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of intent to terminate waiver of the Nonmanufacturer Rule for Commercial Cooking Equipment.

SUMMARY: The U.S. Small Business Administration (SBA) is considering terminating the waiver of the Nonmanufacturer Rule for Commercial Cooking Equipment based on our recent discovery of a small business manufacturer for this class of products. Terminating this waiver will require recipients of contracts set aside for small businesses, service-disabled veteran-owned small businesses, or SBA's 8(a) Business Development Program to provide the products of small business manufacturers or processors on such contracts.

DATES: Comments and sources must be submitted on or before December 12, 2005.

FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by telephone at (202) 619-0422; by FAX at (202) 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

[[Page 71596]]

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 25, 2005 to waive the Nonmanufacturer Rule for Commercial Cooking Equipment. In response, on August 25, 2005, SBA published in the Federal Register a notice of intent to the waiver of the Nonmanufacturer Rule for Commercial 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, a comment was received from an interested party. Accordingly, based on the available information, SBA has determined that there is a small business manufacturer of this class of products, and, is therefore considering terminating the class waiver of the Nonmanufacturer Rule for Commercial Cooking Equipment, NAICS 333319.

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

Dated: November 22, 2005. Karen C. Hontz, Associate Administrator for Government Contracting. [FR Doc. E5-6635 Filed 11-28-05; 8:45 am]

BILLING CODE 8025-01-P