[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42376-42377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20823]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 121


Small Business Size Standards; Reinstate a Class Waiver of the 
Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Reinstate a Class Waiver of the Nonmanufacturer Rule for one 
class of metal products.

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SUMMARY: On July 27, 1994, the Small Business Administration (SBA) 
published a notice in the Federal Register (Vol. 59, No. 143, FR 38115) 
that terminated: the class waiver for bars and rods, nickel-copper, 
nickel-copper-aluminum, and high-nickel-alloy and copper, copper-
nickel, aluminum-bronze, and naval brass [Federal Supply Code (FSC) 
9530, Standard Industrial Classification Code (SIC) 3356] (hereafter 
referred to as bars and rods); and the class waiver for structural 
shapes, angles, channels, tees and zees, aluminum and high-nickel-alloy 
(hereafter referred to as structural shapes). It has been brought to 
SBA's attention by the Defense Logistics Agency, Defense Industrial 
Supply Center, that a misclassification occurred because SBA combined 
these two different groups of metal products into a single 
classification. This mistake inadvertently resulted in the termination 
of the class waiver for bars and rods. The SBA is therefore reinstating 
the class waiver under the Nonmanufacturer Rule for bars and rods. The 
termination of the waiver of the Nonmanufacturer Rule for structural 
shapes remains in effect.

EFFECTIVE DATE: August 15, 1996.

FOR FURTHER INFORMATION CONTACT: David Wm. Loines, Office of Government 
Contracting, phone number (202) 205-6475.

SUPPLEMENTARY INFORMATION: Public Law 100-656, enacted on November 15,

[[Page 42377]]

1988, incorporated into the Small Business Act the previously existing 
requirement that recipients of Federal contracts set aside for small 
businesses, or the SBA 8(a) Program, must provide the products of small 
business manufacturers or processors. The SBA regulations imposing this 
requirement are found at 13 CFR 121.406(b).
    Section 210 of Public Law 101-574 further amended the Small 
Business Act 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,'' 15 U.S.C. 
637(a)(17)(B)(iv)(II).

Decision To Reinstate the Class Waiver

    SBA announced its decision to grant a class waiver for bars and 
rods in the Federal Register on May 15, 1991 (Vol. 56, No. 94 FR 
22306).
    SBA published a notice terminating the class waiver for bars and 
rods and structural shapes on July 27, 1994 (Vol. 59, No. 143 FR 
38115). On October 24, 1994, the Defense Logistics Agency's (DLA) 
Defense Industrial Supply Center (DISC) brought to SBA's attention that 
a misclassification had occurred by grouping bars and rods with 
structural shapes which inadvertently resulted in the termination of 
the class waiver for both bars and rods. The termination of the waiver 
for structural shapes was correct and remains in effect.
    The waiver previously granted for bars and rods, nickel-copper, 
nickel-copper-aluminum, and high-nickel-alloy and copper, copper-
nickel, aluminum-bronze, and naval brass [Federal Supply Code (FSC) 
9530, Standard Industrial Classification Code (SIC) 3356] should still 
be in effect, effective upon date of publication of this notice. Small 
business set-aside or SBA 8(a) Program contracts for this class of 
products may rely on this waiver where the solicitation is dated within 
ninety (90) days of the date this notice appears in the Federal 
Register.

    Dated: August 12, 1996.
Judith A. Roussel,
Associate Administrator for Government Contracting.
[FR Doc. 96-20823 Filed 8-14-96; 8:45 am]
BILLING CODE 8025-01-P