[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Notices]
[Pages 45107-45108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17149]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of intent to waive the Nonmanufacturer Rule for Paint 
and Paint Manufacturing.

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SUMMARY: The U. S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Paint and Paint 
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 INFORMATI0N 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

[[Page 45108]]

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 Paint and Paint Manufacturing. In response, 
SBA is currently processing a request to waive the Nonmanufacturer Rule 
for Paint and Paint Manufacturing, North American Industry 
Classification System (NAICS) 325510. 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. 04-17149 Filed 7-27-04; 8:45 am]
BILLING CODE 8025-01-P