[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Notices]
[Pages 61428-61429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23271]
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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 intent to waive the Nonmanufacturer Rule for General
Aviation Turboprop Aircraft With Six Or More Passenger Seats.
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SUMMARY: The U. S. Small Business Administration (SBA) is considering
granting a waiver of the Nonmanufacturer Rule for General Aviation
Turboprop Aircraft With Six Or More Passenger Seats. 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 November 5,
2004.
FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by
telephone at (202) 619-0422; by FAX at (202) 481-1788; 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.
[[Page 61429]]
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 September 7, 2004 to waive the
Nonmanufacturer Rule for General Aviation Turboprop Aircraft With Six
Or More Passenger Seats. In response, SBA is currently processing a
request to waive the Nonmanufacturer Rule for General Aviation
Turboprop Aircraft With Six Or More Passenger Seats, North American
Industry Classification System (NAICS) 336411. 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).
Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-23271 Filed 10-15-04; 8:45 am]
BILLING CODE 8025-01-P