[Federal Register Volume 68, Number 209 (Wednesday, October 29, 2003)]
[Proposed Rules]
[Page 61636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27200]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 68, No. 209 / Wednesday, October 29, 2003 / 
Proposed Rules  

[[Page 61636]]



SMALL BUSINESS ADMINISTRATION

13 CFR Part 121


Small Business Size Standards; Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of intent to terminate waiver of the Nonmanufactuer Rule 
for Ammunition (Except Small Arms) Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) intends to 
terminate the waivers of the Nonmanufacturer Rule for Ammunition 
(Except Small Arms) Manufacturing based on our recent discovery of 
small business manufacturers for these classes of products. Terminating 
these waivers will require recipients of contracts set aside for small 
or 8(a) businesses to provide the products of small business 
manufacturers or processor on such contracts.

DATES: Comments must be received on or before November 7, 2003.

ADDRESSES: 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'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.
    SBA announced its decision to grant the waiver of Ammunition 
(Except Small Arms) Manufacturing, in the Federal Register on September 
29, 2003. It was recently brought to SBA's attention by small business 
manufacturers and SBA's Procurement Center Representatives that small 
business manufacturers exist for items within this class of products. 
For this reason, SBA intends to terminate the waiver for Ammunition 
(Except Small Arms) Manufacturing, North American Industry 
Classification System (NAICS) 332993.
    Based on the above information, this notice proposes to terminate 
the class waivers of the Nonmanufacturer Rule for Ammunition (Except 
Small Arms) Manufacturing, NAICS 332993.
    The public is invited to comment to SBA on the proposed termination 
of the waivers of the nonmanufacturer rule for the class of products 
specified. All comments by the public will be duly considered by SBA in 
determining whether to finalize its intent to terminate these classes 
of products.

    Dated: October 22, 2003.
Linda G. Williams,
Associate Administrator for Government Contracting.
[FR Doc. 03-27200 Filed 10-28-03; 8:45 am]
BILLING CODE 8025-01-P