[Federal Register Volume 70, Number 18 (Friday, January 28, 2005)]
[Notices]
[Page 4185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1585]


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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 termination of waiver of the Nonmanufacturer Rule for 
Petroleum and Coal Products Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is terminating 
the waiver of the Nonmanufacturer Rule for Petroleum and Coal Products 
Manufacturing based on our recent discovery of small business 
manufacturers for this class of products. Terminating this waiver will 
require recipients of contracts set aside for small businesses, 
service-disabled veteran-owned small businesses, SBA's Very Small 
Business Program or 8(a) businesses to provide the products of small 
business manufacturers or process on such contracts.

DATES: This termination of waiver is effective on February 14, 2005.

FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by fax at (202) 481-1788; or by e-mail 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, service-disabled veteran-
owned small businesses, SBA's Very Small Business Program 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 November 2, 2004 to waive the 
Nonmanufacturer Rule for Petroleum and Coal Products Manufacturing. In 
response, on December 6, 2004, SBA published in the Federal Register a 
notice of intent to the waiver of the Nonmanufacturer Rule for 
Petroleum and Coal Products Manufacturing.
    In response to these notices, SBA discovered the existence of small 
business manufacturers of that class of products. Accordingly, based on 
the available information, SBA has determined that there are small 
business manufacturers of this class of products, and is therefore 
terminating the class waiver of the Nonmanufacturer Rule for Petroleum 
and Coal Products Manufacturing, NAICS 324210.

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

    Dated: January 19, 2005.
Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 05-1585 Filed 1-27-05; 8:45 am]
BILLING CODE 8025-01-P