[Federal Register Volume 68, Number 127 (Wednesday, July 2, 2003)]
[Rules and Regulations]
[Pages 39448-39449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16717]


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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: Final decision to waive the nonmanufacturer rule.

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SUMMARY: This document advises the public that the U.S. Small Business 
Administration (SBA) is establishing a waiver of the Nonmanufacturer 
Rule for Other Ordnances 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.

EFFECTIVE DATE: July 11, 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 INFORMATI0N CONTACT: Edith Butler, Program Analyst, (202) 
619-0422, FAX: (202) 205-7280.

SUPPLEMENTARY INFORMATION: Pub. L. 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'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

[[Page 39449]]

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 Other Ordnance and 
Accessories Manufacturing, NAICS 332995.

Linda G. Williams,
Associate Administrator for Government Contracting.
[FR Doc. 03-16717 Filed 7-1-03; 8:45 am]
BILLING CODE 8025-01-P