[Federal Register Volume 61, Number 241 (Friday, December 13, 1996)]
[Proposed Rules]
[Page 65492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31703]



[[Page 65492]]

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SMALL BUSINESS ADMINISTRATION

13 CFR Part 121


Proposed Rule; Small Business Size Standards; Waiver of the 
Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of intent to waive the Nonmanufacturer Rule for Airborne 
Integrated Data Components (master units, remote units, bus monitors, 
analog multiplexers, convolutional encoders, digital multiplexers, 
signal conditioners, and time code readers).

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SUMMARY: The Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Airborne Integrated 
Data Components. The basis for a waiver of the Nonmanufacturer Rule for 
this product is that there are no small business manufacturers or 
processors available to supply these products to the Federal 
Government. The effect of a waiver would be to allow an otherwise 
qualified Nonmanufacturer to supply other than the product of a 
domestic small business manufacturer or processor on a Federal contract 
set aside for small businesses or awarded through the SBA 8(a) Program. 
The purpose of this notice is to solicit comments and potential source 
information from interested parties.

DATES: Comments and sources must be submitted on or before January 6, 
1997.

ADDRESSES: David Wm. Loines, Procurement Analyst, U.S. Small Business 
Administration, 409 3rd Street S.W., Washington, DC 20416, Tel:(202) 
205-6475.

FOR FURTHER INFORMATION CONTACT: David Wm. Loines, Procurement Analyst, 
U.S. Small Business Administration, 409 3rd Street S.W., Washington, DC 
20416, Tel:(202) 205-6475, Fax:(202)205-7324.

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 the SBA 8(a) Program, must provide the product of a small 
business manufacturer or processor, if the recipient is other than the 
actual manufacturer or processor. 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 303(h) of the law 
provides for waiver of this requirement by SBA for any ``class of 
products'' for which there are no small business manufacturers or 
processors in the Federal market. To be considered available to 
participate in the Federal market on these classes 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 two 
coding systems. The first is the Office of Management and Budget 
Standard Industrial Classification Manual. The second is the Product 
and Service Code established by the Federal Procurement Data System.
    The Small Business Administration is currently processing a request 
for a waiver of the Nonmanufacturer Rule for Airborne Integrated Data 
Components (SIC 3812, PSC 5821) and invites the public to comment or 
provide information on potential small business manufacturers for this 
product.
    In an effort to identify potential small business manufacturers, 
the SBA has searched the Procurement Automated Source System (PASS) and 
Thomas Register, and the SBA will publish a notice in the Commerce 
Business Daily. The public is invited to comment or provide source 
information to SBA on the proposed waiver of the Nonmanufacturer Rule 
for this class of products.

    Dated: December 9, 1996.
Judith A. Roussel,
Associate Administrator for Government Contracting.
[FR Doc. 96-31703 Filed 12-12-96; 8:45 am]
BILLING CODE 8025-01-P