[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Proposed Rules]
[Page 39311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14246]

Proposed Rules
                                                Federal Register

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.


Federal Register / Vol. 67, No. 110 / Friday, June 7, 2002 / Proposed 

[[Page 39311]]


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 for small 
arms ammunition manufacturing.


SUMMARY: The Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for small arms ammunition 
manufacturing. 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 of 
intent is to solicit comments and potential source information from 
interested parties.

DATES: Comments and sources must be submitted on or before June 19, 

ADDRESSES: Address comments to Edith Butler, Program Analyst, U.S. 
Small Business Administration, 409 3rd Street, SW, Washington, DC 

FOR FUTHER INFORMATI0N CONTACT:  Edith Butler, Program Analyst, (202) 
619-0422, FAX (202) 205-7280.

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 121.406(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 six digit coding systems.
    The first coding system is the Office of Management and Budget 
North American Industry Classification System (NAICS). The second is 
the Product and Service Code established by the Federal Procurement 
Data System.
    The Small Business Administration is currently processing a request 
to waive the Nonmanufacturer Rule for Small Arms Ammunition 
Manufacturing, North American Industry Classification System (NAICS) 
332992. The public is invited to comment or provide source information 
to SBA on the proposed waiver of the nonmanufacturer rule for this 
NAICS code.

Luz A. Hopewell,
Associate Administrator for Government Contracting.
[FR Doc. 02-14246 Filed 6-6-02; 8:45 am]