94-9798. Small Business Size Standards; Waiver of the Nonmanufacturer Rule

[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9798]


[[Page Unknown]]

[Federal Register: April 22, 1994]


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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 
television receiving sets and compact disc players.

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SUMMARY: The Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for television receiving 
sets and compact disc players. The basis for these 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. The purpose of this 
notice is to solicit comments and source information from interested 
parties

DATES: Comments and sources must be submitted on or before May 9, 1994.

ADDRESSES: Thomas A. Dumaresq, Acting Associate Administrator, for 
Government Contracting, U.S. Small Business Administration, 409 3rd 
Street, SW., Washington DC, 20416, Tel: [phone].

FOR FURTHER INFORMATION CONTACT:
James Parker, Procurement Analyst, phone: [phone].

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 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 121.906(b) and 121.1106(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 available to participate in the Federal 
market. To be considered available to participate in the Federal market 
on a class of products, the small business must have been awarded or 
have performed on a contract or contracts to supply a product within a 
specific class of products to the Federal government within the past 24 
months from the date of request for waiver, either directly or through 
a dealer, or who have offered on a solicitation for that class of 
products within that time frame. 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 established by the Federal Procurement Data 
System.
    This notice proposes to waive the Nonmanufacturer Rule for 
television receiving sets (SIC code 3651, PSC code 7730) and compact 
disc player (SIC code 3651, PSC code 7730).
    In an effort to identify small business sources for these classes 
of products, SBA has searched its Procurement Automated Source System 
(PASS) and the Thomas register and has contacted the General Services 
Administration. SBA will also be publishing a notice in the Commerce 
Business Daily. To date, these efforts have identified no small 
business sources. The public is invited to comment or provide source 
information to SBA on the proposed waiver of the nonmanufacturer rule 
for these items.

    Dated: April 19, 1994.
Thomas A. Dumaresq,
Acting Associate Administrator for Government Contracting.
[FR Doc. 94-9798 Filed 4-21-94; 8:45 am]
BILLING CODE 8025-01-M