[Federal Register Volume 69, Number 194 (Thursday, October 7, 2004)]
[Notices]
[Pages 60208-60209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22580]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: Small Business Administration.
ACTION: Notice of termination of waiver of the Nonmanufacturer Rule for
Paint and Paint Manufacturing.
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SUMMARY: The U. S. Small Business Administration (SBA) is terminating
the waiver of the Nonmanufacturer Rule for Paint and Paint
Manufacturing 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 or 8(a) businesses
to provide the products of small business manufacturers or process on
such contracts.
DATES: This termination of waiver is effective on October 22, 2004.
FOR FURTHER INFORMATI0N CONTACT: Edith Butler, Program Analyst, by
telephone at (202) 619-0422; by Fax at (202) 205-7280; or by e-mail at
[email protected].
[[Page 60209]]
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 Paint and Paint Manufacturing. In response, on
July 28, 2004, SBA published in the Federal Register, and FedBizOpps
notices of intent to the waiver of the Nonmanufacturer Rule for Paint
and Paint Manufacturing. In responses to these notices, SBA discovered
the existence of a small business manufacturer of that class of
products. Accordingly, based on the available information, SBA has
determined that there is a small business manufacturer of this class of
products, and is therefore terminating the class waiver of the
Nonmanufacturer Rule for Paint and Paint Manufacturing, NAICS 325510.
Authority: 15 U.S.C. 637(a)(17).
Dated: October 4, 2004.
Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-22580 Filed 10-6-04; 8:45 am]
BILLING CODE 8025-01-P