[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Proposed Rules]
[Pages 76184-76185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30779]


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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: Proposed waiver of rule.

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SUMMARY: The Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Surge Arresters, 
Current and Voltage Transformers, Disconnected Switches, 
Sultotransformers, Power Transformers (multiple winding type), 
Insulator Assemblies for transmission lines (porcelain and polymer 
type), and Stacking Post Insulators. The basis for a waiver of the 
Nonmanufacturer Rule for these products is that there are no small 
business manufacturers or processors

[[Page 76185]]

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 document is to solicit comments and potential source 
information from interested parties.

DATES: Comments and sources must be submitted on or before December 12, 
2000.

ADRESSES: Edith Butler, Program Analyst, U.S. Small Business 
Administration, 409 3rd Street SW., Washington, DC 20416, Tel: (202) 
619-0422.

FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, (202) 
619-0422, FAX (202) 205-6845.

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 procurement 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 a 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 North American Industry Classification System 
(NAICS). The second is the Product and Service Code (PSC) established 
by the Federal Procurement Data System.
    The Small Business Administration is currently processing a request 
for a waiver of the Nonmanufacturer Rule for Surge Arresters (SIC 3643, 
NAICS 335931), Current and Voltage Transformers (SIC 3612, NAICS 
335311), Disconnect Switches (SIC 3613, NAICS 335313), Sutotransformers 
(SIC 3612, NAICS 335311), Power Transformers (multiple winding type) 
(SIC 3612, NAICS 335311), Insulator Assemblies for transmission lines 
(porcelain and polymer type) (SIC 3264/3644, NAICS 327113/335932), and 
Stacking Post Insluators (SIC 3264, NAICS 3327113), and invites the 
public to comment or provide information on potential small business 
manufacturers for these products.
    In an effort to identify potential small business manufacturers, 
the SBA has searched Procurement Marketing & Access Network (PRO-Net) 
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 these classes of 
products.

    Dated: November 21, 2000.
Luz A. Hopewell,
Associate Administrator for Government Contracting.
[FR Doc. 00-30779 Filed 12-5-00; 8:45 am]
BILLING CODE 8025-01-P