[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Notices]
[Pages 12192-12193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5705]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of waiver of the Nonmanufacturer Rule for General 
Aviation Turboprop Aircraft.

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SUMMARY: The U. S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for General Aviation Turboprop 
Aircraft. The basis for the waiver is that no small business 
manufacturers are supplying this class 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) Business Development Program.

DATES: This waiver is effective on March 30, 2004.

FOR FURTHER INFORMATI0N CONTACT: Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by FAX at

[[Page 12193]]

(202) 205-7280; or by e-mail at edith.butler@sba.gov.

SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act, 
(Act), 15 U.S.C. 637(a)(17), requires that recipients of Federal 
contracts set aside for small businesses or SBA's 8(a) Business 
Development Program provide the product of a small business 
manufacturer or processor, if the recipient is other than the actual 
manufacturer or processor of the product. 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 
8(a)(17)(b)(iv) of the Act authorizes SBA to waive the Nonmanufacturer 
Rule for any ``class of products'' for which there are no small 
business manufacturers or processors available to participate in the 
Federal market.
    As implemented in SBA's regulations at 13 CFR 121.1204, in order to 
be considered available to participate in the Federal market for a 
class 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 SBA received a request on January 12, 2004 to waive the 
Nonmanufacturer Rule for General Aviation Turboprop Aircraft. In 
response, on February 4, 2004, SBA published in the Federal Register a 
notice of intent to grant the waiver of the Nonmanufacturer Rule for 
General Aviation Turboprop Aircraft. SBA explained in the notice that 
it was soliciting comments and sources of small business manufacturers 
of this class of products. In response to this notice, no comments were 
received from any interested party. SBA has determined that there are 
no small business manufacturers of this class of products, and is 
therefore granting the waiver of the Nonmanufacturer Rule for General 
Aviation Turboprop Aircraft, NAICS 441229.

    Authority: 15 U.S.C. 637(a)(17).

    Dated: March 8, 2004.
Barry S. Meltz,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-5705 Filed 3-12-04; 8:45 am]
BILLING CODE 8025-01-P