[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Notices]
[Pages 65673-65674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24973]
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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 waiver of the nonmanufacturer rule for sporting and
athletic goods manufacturing.
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SUMMARY: The U.S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for Sporting and Athletic Goods
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, SBA's Very Small
Business Program or awarded through the SBA's 8(a) Business Development
Program.
DATE: This waiver is effective November 30, 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].
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, SBA's Very Small Business Program or awarded
through the 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
[[Page 65674]]
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 July 15, 2004 to waive the
Nonmanufacturer Rule for Sporting and Athletic Goods Manufacturing. In
response, on July 30, 2004, SBA published in the Federal Register a
notice of intent to waive the Nonmanufacturer Rule for Sporting and
Athletic Goods Manufacturing.
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, comments were received from interested
parties. SBA has determined from these sources that there are no small
business manufacturers of this class of products, and is therefore
granting the waiver of the Nonmanufacturer Rule for Sporting and
Athletic Goods Manufacturing, NAICS 339920.
Authority: 15 U.S.C. 637(a)(17).
Dated: November 3, 2004.
Arthur Collins,
Deputy Associate Administrator for Government Contracting.
[FR Doc. 04-24973 Filed 11-12-04; 8:45 am]
BILLING CODE 8025-01-P