[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Notices]
[Page 75102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27424]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice 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 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, service-disabled veteran-owned small businesses, SBA's Very
Small Business Program or 8(a) businesses to provide the products of
small business manufacturers or processors on such contracts.
DATE: This waiver is effective December 30, 2004.
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
[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 8(a)
businesses to provide the products of small business manufacturers 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 September 7, 2004 to waive the
Nonmanufacturer Rule for General Aviation Turboprop Aircraft With Six
Or More Passenger Seats. In response, on October 18, 2004, SBA
published in the Federal Register, and October 19, 2004 in FedBizOpps
notices of intent to the waiver of the Nonmanufacturer Rule for General
Aviation Turboprop Aircraft With Six Or More Passenger Seats.
In response to theses notices, comments were received from
interested parties. SBA has determined from these sources that there
are no small business manufacturers of this class of product, and is
therefore granting the waiver of Nonmanufacturer Rule for General
Aviation Turboprop Aircraft With Six Or More Passenger Seats NAICS
336411.
Authority: 15 U.S.C. 637(a)(17).
Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-27424 Filed 12-14-04; 8:45 am]
BILLING CODE 8025-01-P