[Federal Register Volume 59, Number 6 (Monday, January 10, 1994)]
[Proposed Rules]
[Pages 1360-1362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-474]


[[Page Unknown]]

[Federal Register: January 10, 1994]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

 

Small Business Size Standards; Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of intent to terminate waivers of the Nonmanufacturer 
Rule for several classes of metal products.

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SUMMARY: The Small Business Administration (SBA) intends to terminate 
existing waivers of the Nonmanufacturer Rule for: (1) Bars and rods, 
high nickel alloy; (2) plate sheet, strip and foil, stainless steel and 
high nickel alloy; (3) wire, nonelectrical, high nickel alloy; (4) bars 
and rods, high nickel alloy, aluminum, nickel-copper, nickel-copper-
aluminum, copper, copper-nickel, aluminum-bronze, and naval brass; (5) 
plate, sheet and strip, nickel-copper, nickel-copper-aluminum, copper-
nickel, and copper; (6) sheet and plate aluminum products; and (7) 
structural shapes, angles, channels, tees and zees, aluminum and high 
nickel alloy. SBA's intent to terminate these waivers of the 
Nonmanufacturer Rule is based on our recent discovery of small business 
manufacturers for these classes of products. Terminating these waivers 
will require recipients of contracts set aside for small or 8(a) 
businesses to provide the products of small business manufacturers or 
processors on such contracts.

DATES: Comments must be received on or before February 9, 1994.

ADDRESSES: Written comments should be addressed to Mr. Robert J. 
Moffitt, Associate Administrator for Procurement Assistance, U.S. Small 
Business Administration, Mail Code 6250, 409 3rd Street SW., 
Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT:
James Parker, Procurement Analyst, phone (703) 695-2435.

SUPPLEMENTARY INFORMATION: Public Law 100-656, enacted on November 15, 
1988, incorporated into the Small Business Act the previously existing 
regulation that recipients of Federal contracts set aside for small 
businesses or SBA 8(a) Program procurements must provide the products 
of small business manufacturers or processors. The SBA regulations 
imposing this requirement are found at 13 CFR 121.906(b) and 
121.1106(b). Section 210 of Public Law 101-574 further amended the law 
to allow for waivers for classes of products for which there are no 
small business manufacturers or processors ``available to participate 
in the Federal procurement market.'' The actions which the SBA is 
proposing to take with respect to existing waivers and the reasons for 
those actions follow:
    1. SBA announced its decision to grant the waiver of the 
Nonmanufacturer Rule for bars and rods, high nickel alloy, in the 
Federal Register on May 15, 1991, p. 22306. Recently, while researching 
SBA's Procurement Automated Source System (PASS) on a related issue, 
SBA became aware of the existence of small business manufacturers for 
items within this class of product. For this reason, SBA intends to 
terminate the waiver previously granted for bars and rods, high nickel 
alloy, identified under Product and Service Code (PSC) 9510 and 
Standard Industrial Classification (SIC) Code 3312.
    2. The SBA announced its decision to grant the waiver for plate, 
sheet, strip and foil, stainless steel and high nickel alloy in the 
Federal Register on May 15, 1991, p. 22306. While researching the PASS 
on a related issue, SBA became aware of the existence of a small 
business manufacturer for items within this class of products. For this 
reason, SBA intends to terminate the waiver previously granted for 
plate, sheet, strip and foil, stainless steel and high nickel alloy 
identified under Product and Service Code (PSC) 9515 and Standard 
Industrial Classification (SIC) Code 3312.
    3. SBA announced its decision to grant a class waiver for wire, 
nonelectrical, high nickel alloy, in the Federal Register on May 15, 
1991, p. 22306. While researching the PASS on a related issue, SBA 
became aware of the existence of a small business manufacturer for 
items within this class of products. For this reason, SBA intends to 
terminate the waiver previously granted for wire, nonelectrical, high 
nickel alloy, identified under Product and Service Code (PSC) 9525 and 
Standard Industrial Classification (SIC) Code 3356.
    4. SBA announced its decision to grant a class waiver for bars and 
rods, high nickel alloy, aluminum, nickel-copper, nickel-copper-
aluminum, copper, copper-nickel, aluminum-bronze, and naval brass in 
the Federal Register on May 15, 1991, p. 22306. The Defense Industrial 
Supply Center recently brought to SBA's attention the existence of a 
small business manufacturer for items within this class of products. 
For this reason, SBA intends to terminate the waiver previously granted 
for bars and rods, high nickel alloy, aluminum, nickel-copper, nickel-
copper-aluminum, copper, copper-nickel, aluminum-bronze, and naval 
brass identified under Product and Service Code (PSC) 9530 and Standard 
Industrial Classification (SIC) Code 3356.
    5. SBA announced its decision to grant the waiver for plate, sheet 
and strip, titanium, nickel-copper, nickel-copper-aluminum, copper-
nickel, and copper in the Federal Register on August 23, 1991, p. 
41787. SBA announced its decision to exclude titanium bars, rods, 
plates, sheets and strips from this class waiver in the Federal 
Register on April 30, 1992, p. 18396. The remaining class waiver 
included plate, sheet and strip, nickel-copper, nickel-copper-aluminum, 
copper-nickel, and copper. While researching the PASS on a related 
issue, SBA became aware of the existence of a small business 
manufacturer for items within the class of products of plate, sheet and 
strip, nickel-copper, nickel-copper-aluminum, copper-nickel, and 
copper. For this reason, SBA intends to terminate the waiver previously 
granted for plate, sheet and strip, nickel-copper, nickel-copper-
aluminum, copper-nickel, and copper identified under Product and 
Service Code (PSC) 9535 and Standard Industrial Classification (SIC) 
Code 3353.
    6. SBA announced its intent to grant the waiver for sheet and plate 
aluminum products in the Federal Register on July 13, 1991, p. 28772. 
It was recently brought to SBA's attention by the Defense Industrial 
Supply Center that a small business manufacturer exists for items 
within this class of products. For this reason, SBA intends to 
terminate the waiver for sheet and plate aluminum products identified 
under Product and Service Code (PSC) 9535 and Standard Industrial 
Classification (SIC) Code 3353.
    7. SBA announced its decision to grant the waiver for structural 
shapes, angles, channels, tees and zees, aluminum and high nickel alloy 
in the Federal Register on May 15, 1991, p. 22306. It was recently 
brought to SBA's attention by the Defense Industrial Supply Center that 
a small business manufacturer exists for items within this class of 
products. For this reason, SBA intends to terminate the waiver for 
structural shapes, angles, channels, tees and zees, aluminum and high 
nickel alloy identified under Product and Service Code (PSC) 9540 and 
Standard Industrial Classification (SIC) Code 3354.
    In summary, based on the above information, the SBA proposes to 
terminate the class waivers of the Nonmanufacturer Rule for:

1. Bars and rods, high nickel alloy, PSC 9510, SIC 3312;
2. Plate, sheet, strip and foil, stainless steel and high nickel alloy, 
PSC 9515, SIC 3312;
3. Wire, nonelectrical, high nickel alloy, PSC 9525, SIC 3356;
4. Bars and rods, high nickel alloy, aluminum, nickel-copper, nickel-
copper-aluminum, copper, copper-nickel, aluminum-bronze, and naval 
brass, PSC 9530, SIC 3356;
5. Plate, sheet and strip, nickel-copper, nickel-copper-aluminum, 
copper-nickel, and copper, PSC 9535, SIC 3353;
6. Sheet and plate aluminum products, PSC 9535, SIC 3353; and
7. Structural shapes, angles, channels, tees and zees, aluminum and 
high nickel alloy, PSC 9540, SIC 3354.

    The public is invited to comment to SBA on its proposed termination 
of the waivers for the classes of products specified. All comments by 
the public will be duly considered by SBA in determining whether to 
finalize its intent to terminate these waivers.

    Dated: December 27, 1993.
Robert J. Moffitt,
Associate Administrator for Procurement Assistance.
[FR Doc. 94-474 Filed 1-7-94; 8:45 am]
BILLING CODE 8025-01-M