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[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Notices]
[Page 61429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23272]

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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 Waiver of the Nonmanufacturer Rule for Miscellaneous 
Electrical Equipment and Components Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Miscellaneous Electrical 
Equipment and Components 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: This waiver is effective November 2, 2004.

FOR FURTHER INFORMATI0N 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.
    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 Miscellaneous Electrical Equipment and 
Components Manufacturing. In response, on July 28, 2004, SBA published 
in the Federal Register a notice of intent to waive the Nonmanufacturer 
Rule for Miscellaneous Electrical Equipment and Components 
Manufacturing, North American Industry Classification System (NAICS) 
335999.
    SBA explained in the notice that it was soliciting comments and 
sources of small business manufacturers of this class of products. In 
response to this notice, comments were received from interested 
parties. SBA has determined from these sources that there are no small 
business manufacturers of this class of products, and is therefore 
granting the waiver of the Nonmanufacturer Rule for Miscellaneous 
Electrical Equipment and Components Manufacturing, NAICS 335999.

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

    Dated: October 8, 2004.
Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-23272 Filed 10-15-04; 8:45 am]
BILLING CODE 8025-01-P
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