[Federal Register Volume 69, Number 23 (Wednesday, February 4, 2004)]
[Proposed Rules]
[Page 5302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2239]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 121


Small Business Size Standards; Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Proposed rule; notice of intent to waive the Nonmanufacturer 
Rule for General Aviation Turboprop Aircraft.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for General Aviation 
Turboprop Aircraft 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 February 20, 
2004.

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 FURTHER INFORMATION 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 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 coding systems.
    The first coding system is the Office of Management and Budget 
North American Industry Classification System (NAICS). The second is 
the Product and Service Code established by the Federal Procurement 
Data System.
    The Small Business Administration is currently processing a request 
to waive the Nonmanufacturer Rule for General Aviation Turboprop 
Aircraft, North American Industry Classification System (NAICS) 441229. 
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 S. Meltz,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-2239 Filed 2-3-04; 8:45 am]
BILLING CODE 8025-01-P