[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Notices]
[Pages 61428-61429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23271]


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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 General 
Aviation Turboprop Aircraft With Six Or More Passenger Seats.

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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 With Six Or More Passenger Seats. 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 November 5, 
2004.

FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by FAX at (202) 481-1788; 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.

[[Page 61429]]

    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 September 7, 2004 to waive the 
Nonmanufacturer Rule for General Aviation Turboprop Aircraft With Six 
Or More Passenger Seats. In response, SBA is currently processing a 
request to waive the Nonmanufacturer Rule for General Aviation 
Turboprop Aircraft With Six Or More Passenger Seats, North American 
Industry Classification System (NAICS) 336411. 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).

Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-23271 Filed 10-15-04; 8:45 am]
BILLING CODE 8025-01-P