[Federal Register: June 13, 2003 (Volume 68, Number 114)]
[Rules and Regulations]               
[Page 35285]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn03-6]                         

=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

 
Small Business Size Standards; Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Final decision to waive the Nonmanufacturer Rule.

-----------------------------------------------------------------------

SUMMARY: This document advises the public that the U.S. Small Business 
Administration (SBA) is establishing a waiver of the Nonmanufacturer 
Rule for Overhead Fiber Optic Groundwire and Ancillary Hardware 
Components. 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 or 
awarded through the SBA 8(a) Program.

EFFECTIVE DATE: June 16, 2003.
    Address Comments to: Edith Butler, Program Analyst, U.S. Small 
Business Administration, 409 3rd Street, SW., Washington, DC 20416, 
Tel: (202) 619-0422.

FOR FURTHER INFORMATI0N CONTACT:  Edith Butler, Program Analyst, (202) 
619-0422, FAX (202) 205-7280.

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 SBA's 8(a) Program 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 a six digit North American Industry 
Classification System (NAICS) and the four digit Product and Service 
Code established by the Federal Procurement Data System.

Linda G. Williams,
Associate Administrator for Government Contracting.
[FR Doc. 03-14297 Filed 6-12-03; 8:45 am]

BILLING CODE 8025-01-P