[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Notices]
[Page 75102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27424]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice to waive the nonmanufacturer rule for general aviation 
turboprop aircraft with six or more passenger seats.

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SUMMARY: The U. S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for General Aviation Turboprop 
Aircraft With Six Or More Passenger Seats. 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 8(a) businesses to provide the products of 
small business manufacturers or processors on such contracts.

DATE: This waiver is effective December 30, 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#c7a2a3aeb3afe9a5b2b3aba2b587b4a5a6e9a0a8b1"><span class="__cf_email__" data-cfemail="4722232e332f692532332b22350734252669202831">[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 8(a) 
businesses to provide the products of small business manufacturers 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 September 7, 2004 to waive the 
Nonmanufacturer Rule for General Aviation Turboprop Aircraft With Six 
Or More Passenger Seats. In response, on October 18, 2004, SBA 
published in the Federal Register, and October 19, 2004 in FedBizOpps 
notices of intent to the waiver of the Nonmanufacturer Rule for General 
Aviation Turboprop Aircraft With Six Or More Passenger Seats.
    In response to theses notices, comments were received from 
interested parties. SBA has determined from these sources that there 
are no small business manufacturers of this class of product, and is 
therefore granting the waiver of Nonmanufacturer Rule for General 
Aviation Turboprop Aircraft With Six Or More Passenger Seats NAICS 
336411.

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

Emily Murphy,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-27424 Filed 12-14-04; 8:45 am]
BILLING CODE 8025-01-P


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