[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Proposed Rules]
[Pages 31641-31642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13212]


=======================================================================
-----------------------------------------------------------------------

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 overhead fiber optic groundwire and ancillary hardware components.

-----------------------------------------------------------------------

SUMMARY: The U. S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Overhead Fiber Optic 
Groundwire and Ancillary Hardware Components. 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 May 30, 
2003.

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 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

[[Page 31642]]

Business Act the previously existing regulation that recipients of 
Federal contracts set aside for small businesses or SBA's 8(a) Program 
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 a six digit North 
American Industry Classification System (NAICS) and the four digit 
Product and Service Code established by the Federal Procurement Data 
System.
    The U.S. Small Business Administration is currently processing a 
request to waive the Nonmanufacturer Rule for Overhead Fiber Optic 
Groundwire, NAICS 335921 and Ancillary Hardware Components, NAICS 
334417. The public is invited to comment or provide source information 
to SBA on the proposed waiver of the nonmanufacturer rule for this 
NAICS code.

Linda G. Williams,
Associate Administrator for Government Contracting.
[FR Doc. 03-13212 Filed 5-27-03; 8:45 am]
BILLING CODE 8025-01-P