[Federal Register Volume 69, Number 233 (Monday, December 6, 2004)]
[Notices]
[Pages 70497-70498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26756]


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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 
Petroleum and Coal Products Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Petroleum and Coal 
Products 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: Comments and sources must be submitted on or before December 17, 
2004.

FOR FURTHER INFORMATI0N CONTACT: Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by FAX at (202) 205-7280; or by email at 
<a href="/cdn-cgi/l/email-protection#096c6d607d61276b7c7d656c7b497a6b68276e667f"><span class="__cf_email__" data-cfemail="dbbebfb2afb3f5b9aeafb7bea99ba8b9baf5bcb4ad">[email protected]</span></a>.

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 awarded 
through the SBA's 8(a) Business Development Program provide the product 
of a small business

[[Page 70498]]

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, SBA is currently processing a request to waive the 
Nonmanufacturer Rule for Petroleum and Coal Products Manufacturing, 
North American Industry Classification System (NAICS) 324110.
    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).

    Dated: November 29, 2004.
Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-26756 Filed 12-3-04; 8:45 am]
BILLING CODE 8025-01-P


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