[Federal Register Volume 69, Number 18 (Wednesday, January 28, 2004)]
[Rules and Regulations]
[Page 4057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1603]



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  Federal Register / Vol. 69, No. 18 / Wednesday, January 28, 2004 / 
Rules and Regulations  

[[Page 4057]]



SMALL BUSINESS ADMINISTRATION

13 CFR Part 121


Termination of the Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration (SBA).

ACTION: Final rule.

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SUMMARY: The decision to terminate this waiver of the Nonmanufacturer 
Rule is based on evidence provided to the SBA that there are small 
businesses which manufacturer items within this class of product. 
Terminating this waiver will require recipients of contracts set aside 
for small or 8(a) businesses to provide the product of domestic small 
business manufacturers or processors where this class of product is 
required. A notice to terminate a waiver of the Nonmanufacturer Rule 
appeared in the Federal Register on October 29, 2003 (68 FR 61636). 
Comments from this notice were received from small business 
manufacturers. Our knowledge of the existence of small business 
manufacturers requires us to terminate the waiver of the 
Nonmanufacturer for Ammunition (except small arms) Manufacturing, NAICS 
332993, in accordance with 13 CFR 121.1204 (a)(7).

EFFECTIVE DATE: January 30, 2004.

FOR FURTHER INFORMATION CONTACT: Edith G. Butler, Program Analyst, U.S. 
Small Business Administration, 409 3rd Street, SW., Washington, DC 
20416, Tel: (202) 619-0422.

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 121.906(b) and 121.1106(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.


Barry S. Meltz,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-1603 Filed 1-27-04; 8:45 am]
BILLING CODE 8025-01-P