[Federal Register Volume 67, Number 167 (Wednesday, August 28, 2002)]
[Proposed Rules]
[Pages 55179-55180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21894]


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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 a waiver of the nonmanufacturer rule 
for hand and edge tool manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Hand and Edge Tool 
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 is to 
solicit comments and potential source information from interested 
parties.

DATES: Comments and sources must be submitted on or before September 9, 
2002.

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

FOR FUTHER 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

[[Page 55180]]

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.
    This notice proposes to grant A Waiver of the Nonmanufacturer Rule 
for hand and edge tool manufacturing, North American Industry 
Classification System (NAICS) 332212. The public is invited to comment 
or provide source information to SBA on the proposed waiver of the 
nonmanufacturer rule for hand and edge tool 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 the 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. 02-21894 Filed 8-27-02; 8:45 am]
BILLING CODE 8025-01-P