[Federal Register Volume 63, Number 41 (Tuesday, March 3, 1998)]
[Notices]
[Pages 10421-10422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5330]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards; Notice of Termination of Waiver of 
the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of termination of waiver of the Nonmanufacturer Rule for 
pineapple juice.

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SUMMARY: The Small Business Administration (SBA) is terminating the 
waiver of the Nonmanufacturer Rule for pineapple juice. The class of 
products of pineapple juice is identified under Product and Service 
Code (PSC) 8915 and Standard Industrial Classification (SIC) Code 2033. 
SBA announced the waiver for pineapple juice in the Federal Register on 
October 2, 1991 (56 FR 49841). This decision to terminate the waiver of 
the Nonmanufacturer Rule is based on our recent discovery of a small 
business manufacturer for this class of products. Terminating the 
waiver will require recipients of contracts set-aside for small or 8(a) 
businesses to provide the products of small business manufacturers or 
processors.


[[Page 10422]]


DATES: Submit comments and sources on or before March 10, 1998.

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, 
(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 SBA 8(a) Program procurements 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's Standard Industrial Classification Manual 
(SIC). The second is the Product and Service Code (PSC) established by 
the Federal Procurement Data System.
    The SBA has recently been advised of the existence of a small 
business manufacturer for pineapple juice. Thus, the waiver previously 
granted for pineapple juice under PSC 8915 and SIC 2033 is terminated.

    Dated: February 13, 1998.
Judith A. Roussel,
Associate Administrator for Government Contracting.
[FR Doc. 98-5330 Filed 3-2-98; 8:45 am]
BILLING CODE 8025-01-P