[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Notices]
[Pages 67201-67202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25405]


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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 Other 
Communications Equipment Manufacturing.

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SUMMARY: The U. S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Other Communications Equipment 
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, 
service-disabled veteran-owned small businesses, SBA's Very Small 
Business Program or awarded through the SBA's 8(a) Business Development 
Program.

DATES: This waiver is effective December 1, 2004.

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 
<a href="/cdn-cgi/l/email-protection#94f1f0fde0fcbaf6e1e0f8f1e6d4e7f6f5baf3fbe2"><span class="__cf_email__" data-cfemail="1471707d607c3a766160787166546776753a737b62">[email protected]</span></a>.

[[Page 67202]]


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 June 29, 2004, to waive the 
Nonmanufacturer Rule for Other Communications Equipment Manufacturing. 
In response, on July 28, 2004, SBA published in the Fedral Register a 
notice of intent to waive the Nonmanufacturer Rule for Other 
Communications Equipment Manufacturing.
    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 wavier of the Nonmanufacturer Rule for Other 
Communications Equipment Manufacturing, NAICS 334290.

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

    Dated: November 9, 2004.
Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-25405 Filed 11-15-04; 8:45 am]
BILLING CODE 8025-01-P


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