[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Proposed Rules]
[Page 6499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3457]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 121


Small Business Size Standards; Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of intent to waive the nonmanufacturer rule for power 
circuit breakers, disconnect switches, current and potential 
transformers, autotransformer, surge arresters.

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SUMMARY: The Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Power Circuit 
Breakers, Disconnect Switches, Current and Potential Transformers, 
Autotransformer, Surge Arresters. The basis for a waiver of the 
Nonmanufacturer Rule for these products is that there are no small 
business manufacturers or processors available to supply these products 
to the Federal Government. The effect of a waiver would be to allow an 
otherwise qualified Nonmanufacturer to supply other than the product of 
a domestic small business manufacturer or processor on a Federal 
contract set aside for small businesses or awarded through the SBA 8(a) 
Program. The purpose of this document is to solicit comments and 
potential source information from interested parties.

DATES: Comments and sources must be submitted on or before February 18, 
1997.

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 (SIC). 
The second is the Product and Service Code (PSC) established by the 
Federal Procurement Data System.
    The Small Business Administration is currently processing a request 
for a waiver of the Nonmanufacturer Rule for Power Circuit Breakers 
(SIC 3613, PSC 5925), Disconnect Switches (SIC 3613, PSC 5930), Current 
and Potential Transformers (SIC 3612, PSC 5950), Autotransformer (SIC 
3612, PSC 5950), Surge Arresters (SIC 3643, PSC 5920), and invites the 
public to comment or provide information on potential small business 
manufacturers for these products.
    In an effort to identify potential small business manufacturers, 
the SBA has searched the Procurement Automated Source System (PASS) and 
Thomas Register, and the SBA will publish a notice in the Commerce 
Business Daily. The public is invited to comment or provide source 
information to SBA on the proposed waiver of the Nonmanufacturer Rule 
for these classes of products.

    Dated: February 6, 1997.
Judith A. Roussel,
Associate Administrator for Government Contracting.
[FR Doc. 97-3457 Filed 2-11-97; 8:45 am]
BILLING CODE 8025-01-P