[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Proposed Rules]
[Page 30820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11244]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 67, No. 89 / Wednesday, May 8, 2002 / 
Proposed Rules  

[[Page 30820]]


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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 waive the nonmanufacturer rule.

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SUMMARY: The Small Business Administration (SBA) is considering a 
waiver of the Nonmanufacturer Rule for bearings, plain, unmounted and 
bearings mounted. The basis for waivers is that no small business 
manufacturers are supplying these classes of products to the Federal 
government. The effect of a waiver would be to allow otherwise 
qualified regular dealers to supply the products of any domestic 
manufacturer 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 source information from interested parties.

DATES: Comments and sources must be submitted on or before May 23, 
2002.

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

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 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 at 13 CFR 121.906(b) and 121.1106(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.
    This notice proposes to waive the Nonmanufacturer Rule for 
bearings, plain, unmounted and bearings mounted, SIC code 3562 and 
North American Industry Classification System (NAICS) 333613 public is 
invited to comment or provide source information to SBA on the proposed 
waiver of the nonmanufacturer rule for bearings, plain, unmounted and 
bearings mounted.

Luz A. Hopewell,
Associate Administrator for Government Contracting.
[FR Doc. 02-11244 Filed 5-7-02; 8:45 am]
BILLING CODE 8025-01-P