[Federal Register Volume 68, Number 114 (Friday, June 13, 2003)]
[Proposed Rules]
[Page 35334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14851]


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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 Other 
Ordnance and Accessories Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Other Ordnance and 
Accessories 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 June 25, 
2003.
    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 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 Other Ordnance and 
Accessories Manufacturing, North American Industry Classification 
System (NAICS) 332995. The public is invited to comment or provide 
source information to SBA on the proposed waiver of the nonmanufacturer 
rule for this NAICS code.

Barry Meltz,
Deputy Associate Administrator, Office of Government Contracting.
[FR Doc. 03-14851 Filed 6-12-03; 8:45 am]
BILLING CODE 8025-01-P