[Federal Register Volume 69, Number 194 (Thursday, October 7, 2004)]
[Notices]
[Pages 60208-60209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22580]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of termination of waiver of the Nonmanufacturer Rule for 
Paint and Paint Manufacturing.

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SUMMARY: The U. S. Small Business Administration (SBA) is terminating 
the waiver of the Nonmanufacturer Rule for Paint and Paint 
Manufacturing based on our recent discovery of a small business 
manufacturer for this class of products. Terminating this waiver will 
require recipients of contracts set aside for small 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 October 22, 2004.

FOR FURTHER INFORMATI0N CONTACT:  Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by Fax at (202) 205-7280; or by e-mail at 
<a href="/cdn-cgi/l/email-protection#85e0e1ecf1edabe7f0f1e9e0f7c5f6e7e4abe2eaf3"><span class="__cf_email__" data-cfemail="781d1c110c10561a0d0c141d0a380b1a19561f170e">[email protected]</span></a>.

[[Page 60209]]


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 Paint and Paint Manufacturing. In response, on 
July 28, 2004, SBA published in the Federal Register, and FedBizOpps 
notices of intent to the waiver of the Nonmanufacturer Rule for Paint 
and Paint Manufacturing. In responses to these notices, SBA discovered 
the existence of a small business manufacturer of that class of 
products. Accordingly, based on the available information, SBA has 
determined that there is a small business manufacturer of this class of 
products, and is therefore terminating the class waiver of the 
Nonmanufacturer Rule for Paint and Paint Manufacturing, NAICS 325510.

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

    Dated: October 4, 2004.
Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-22580 Filed 10-6-04; 8:45 am]
BILLING CODE 8025-01-P


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