[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Rules and Regulations]
[Pages 37665-37666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13455]



13 CFR PART 121

Small Business Size Standards; Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Final decision to waive the Nonmanufacturer Rule.


SUMMARY: This document advises the public that the Small Business 
Administration (SBA) is establishing a waiver of the Nonmanufacturer 
Rule for bearings, plain, unmounted and bearings mounted. The basis for 
waivers is that no small business manufacturers are available to 
participate in the Federal market for these products. The effect of a 
waiver will allow otherwise qualified nonmanufacturers to supply the 
products of any domestic manufacturer on a Federal contract set aside 
for small business or awarded through the SBA 8(a) Program.

EFFECTIVE DATE: June 14, 2002.

FOR FURTHER INFORMATION: 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 
business 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 121.406(b) and 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

[[Page 37666]]

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 
    The SBA defines ``class of products'' based on six digit coding 
systems. The North American Industry Classification System (NAICS) 
replaced the Standard Industrial Classification (SIC) code. The second 
is the Product and Service Code established by the Federal Procurement 
Data System.
    This document waives the Nonmanufacturer Rule for bearings, plain, 
unmounted and bearings mounted, North American Industry Classification 
System (NAICS) 333613.
    Documents proposing to waive the nonmanufacturer rule for unmounted 
and bearings mounted, on April 4, 2002 (67 FR 16063) and on May 8, 2002 
(67 FR 30820). No comments were received.

Luz A. Hopewell,
Associate Administrator for Government Contracting.
[FR Doc. 02-13455 Filed 5-29-02; 8:45 am]