[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Notices]
[Page 45107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17148]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of intent to waive the Nonmanufacturer Rule for Other 
Communications Equipment Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Other Communications 
Equipment 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's 8(a) Business Development Program.

DATES: Comments and sources must be submitted on or before August 13, 
2004.

FOR FURTHER INFORMATION CONTACT:  Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by FAX at (202) 205-7280; or by email at 
[email protected].

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 June 29, 2004 to waive the 
Nonmanufacturer Rule for Other Communications Equipment Manufacturing. 
In response, SBA is currently processing a request to waive the 
Nonmanufacturer Rule for Other Communications Equipment Manufacturing, 
North American Industry Classification System (NAICS) 334290. The 
public is invited to comment or provide source information to SBA on 
the proposed waiver of the nonmanufacturer rule for this NAICS code.

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

    Dated: July 20, 2004.
Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-17148 Filed 7-27-04; 8:45 am]
BILLING CODE 8025-01-P