[Federal Register Volume 69, Number 110 (Tuesday, June 8, 2004)]
[Notices]
[Page 32093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12848]



[[Page 32093]]

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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 aluminum, 
sheet, plate, and foil manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Aluminum, Sheet, Plate, and Foil 
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.

DATES: This waiver is effective on June 23, 2004.

FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by FAX at (202) 205-7280; or by e-mail at 
edith.butler@sba.gov.

SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act, 
15 U.S.C. 637(A)(17), requires that recipients of Federal contracts set 
aside for small businesses or SBA 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. 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 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 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 SBA received a request on April 16, 2004 to waive the 
Nonmanufacturer Rule for Aluminum, Sheet, Plate, and Foil 
Manufacturing. In response, on May 4, 2004, SBA published in the 
Federal Register a notice of intent to grant the waiver of the 
Nonmanufacturer Rule for Aluminum, Sheet, Plate, and Foil 
Manufacturing. 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 a waiver of the Nonmanufacturer Rule for Aluminum, Sheet, 
Plate, and Foil Manufacturing, NAICS 331315.

    Dated: June 2, 2004.
Barry S. Meltz,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-12848 Filed 6-7-04; 8:45 am]
BILLING CODE 8025-01-P