[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Rules and Regulations]
[Pages 6453-6454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3456]
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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: Waiver of the Nonmanufacturer Rule for Airborne Integrated Data
Components (master units, remote units, bus monitors, analog
multiplexers, convolutional encoders, digital multiplexers, signal
conditioners, time code readers).
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SUMMARY: This document advises the public that the Small Business
Administration (SBA) is establishing a waiver of the Nonmanufacturer
Rule for Airborne Integrated Data Components. 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.
[[Page 6454]]
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
