6454 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

ADDRESSES: David Wm. Loines,

Procurement Analyst, U.S. Small

Business Administration, 409 3rd Street

S.W., Washington, DC 20416, Tel: (202)

205–6475.

FOR FURTHER INFORMATION CONTACT:

David Wm. Loines, Procurement

Analyst, (202) 205–6475, FAX (202)

205–7324.

SUPPLEMENTARY INFORMATION: Public law

100–656, enacted on November 15,

1988, incorporated into the Small

Business Act the previously existing

regulation that recipients of Federal

contracts set-aside for small businesses

or the SBA 8(a) Program procurement

must provide the product of a small

business manufacturer or processor if

the recipient is other than the actual

manufacturer or processor. 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

303(h) of the law provides for waiver of

this requirement by SBA for any ‘‘class

of products’’ for which there are no

small business manufacturers or

processors in the Federal market. To be

considered available to participate in

the Federal market on these classes 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

two coding systems. The first is the

Office of Management and Budget

Standard Industrial Classification

Manual. The second is the Product and

Service Code (PSC) established by the

Federal Procurement Data System.

The SBA was asked to issue a waiver

for Airborne Integrated Data

Components because of an apparent

lack of any small business

manufacturers or processors for them

within the Federal market. The SBA

searched its Procurement Automated

Source System (PASS) for small

business participants and found none.

We then published a document in the

Federal Register on December 13, 1996

(61 FR 65492), of our intent to grant a

waiver for these classes of products

unless new information was found. The

proposed waiver covered Airborne

Integrated Data Components. The

document described the legal provisions

for a waiver, how SBA defines the

market, and asked for small business

participants of these classes of products.

After the 15-day comment period, no

small businesses were identified for

Airborne Integrated Data Components.

This waiver is being granted pursuant to

statutory authority under section 303(h)

of Public Law 100–656 for Airborne

Integrated Data Components. The

waiver will last indefinitely but is

subject to both an annual review and a

review upon receipt of information that

the conditions required for a waiver no

longer exist. If such information is

found, the waiver may be terminated.

Judith A. Roussel,

Associate Administrator for Government

Contracting.

[FR Doc. 97–3456 Filed 2–11–97; 8:45 am]

BILLING CODE 8025–01–P

13 CFR Part 121

Small Business Size Standards;

Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Waiver of the Nonmanufacturer

Rule for Routers and Switches.

SUMMARY: This document advises the

public that the Small Business

Administration (SBA) is establishing a

waiver of the Nonmanufacturer Rule for

Routers and Switches. The basis for a

waiver is that no small business

manufacturers are available to

participate in the Federal market for

these products. The effect of a waiver

will allow otherwise qualified

nonmanufacturers to supply the

products of any domestic manufacturer

on a Federal contract set-aside for small

businesses or awarded through the SBA

8(a) Program.

EFFECTIVE DATE: February 12, 1997.

ADDRESSES: David Wm. Loines,

Procurement Analyst, U.S. Small

Business Administration, 409 3rd Street

SW, Washington, DC 20416, Tel: (202)

205–6475.

FOR FURTHER INFORMATION CONTACT:

David Wm. Loines, Procurement

Analyst, (202) 205–6475, FAX (202)

205–7324.

SUPPLEMENTARY INFORMATION: Public

Law 100–656, enacted on November 15,

1988, incorporated into the Small

Business Act the previously existing

regulation that recipients of Federal

contracts set-aside for small businesses

or the SBA 8(a) Program procurement

must provide the product of a small

business manufacturer or processor if

the recipient is other than the actual

manufacturer or processor. 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

303(h) of the law provides for waiver of

this requirement by SBA for any ‘‘class

of products’’ for which there are no

small business manufacturers or

processors in the Federal market. To be

considered available to participate in

the Federal market on these classes 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

two coding systems. The first is the

Office of Management and Budget

Standard Industrial Classification

Manual. The second is the Product and

Service Code (PSC) established by the

Federal Procurement Data System.

The SBA was asked to issue a waiver

for Routers and Switches because of an

apparent lack of any small business

manufacturers or processors for them

within the Federal market. The SBA

searched its Procurement Automated

Source System (PASS) for small

business participants and found none.

We then published a document in the

Federal Register on November 22, 1996

(61 FR 59382), of our intent to grant a

waiver for these classes of products

unless new information was found. The

proposed waiver covered Routers and

Switches. The document described the

legal provisions for a waiver, how SBA

defines the market, and asked for small

business participants of these classes of

products. After the 15-day comment

period, no small businesses were

identified for Routers and Switches.

This waiver is being granted pursuant to

statutory authority under section 303(h)

of Public Law 100–656 for Routers and

Switches. The waiver will last

indefinitely but is subject to both an

annual review and a review upon

receipt of information that the

conditions required for a waiver no

longer exist. If such information is

found, the waiver may be terminated.

Judith A. Roussel,

Associate Administrator for Government

Contracting.

[FR Doc. 97–3458 Filed 2–11–97; 8:45 am]

BILLING CODE 8025–01–P