[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Proposed Rules]
[Page 50383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19472]


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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 grant the nonmanufacturer rule for small 
arms ammunition manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering a 
class 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 small business nonmanufacturer 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 August 16, 
2002.

ADDRESSES: Address comments to 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) 205-7280.

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 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 established 
by the Federal Procurement Data System.
    This notice proposes to grant 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 small arms ammunition manufacturing, and 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 Federal Register. 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.

Linda G. Williams,
Associate Administrator for Government Contracting.
[FR Doc. 02-19472 Filed 8-1-02; 8:45 am]
BILLING CODE 8025-01-P