[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Notices]
[Page 45107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17148]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: Small Business Administration.
ACTION: Notice of intent to waive the Nonmanufacturer Rule for Other
Communications Equipment Manufacturing.
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SUMMARY: The U.S. Small Business Administration (SBA) is considering
granting a waiver of the Nonmanufacturer Rule for Other Communications
Equipment 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 or
awarded through the SBA's 8(a) Business Development Program.
DATES: Comments and sources must be submitted on or before August 13,
2004.
FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by
telephone at (202) 619-0422; by FAX at (202) 205-7280; or by email at
[email protected].
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 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 121.1204, 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 received a request on June 29, 2004 to waive the
Nonmanufacturer Rule for Other Communications Equipment Manufacturing.
In response, SBA is currently processing a request to waive the
Nonmanufacturer Rule for Other Communications Equipment Manufacturing,
North American Industry Classification System (NAICS) 334290. 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: July 20, 2004.
Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-17148 Filed 7-27-04; 8:45 am]
BILLING CODE 8025-01-P