96-11240. Small Business Size Standards; Waiver of the Nonmanufacturer Rule

[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Proposed Rules]
[Page 20191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11240]



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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 purified 
terephthalic acid ground (PTAG) and un-ground (PTAU).

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SUMMARY: The Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for PTAG and PTAU. 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 notice is to 
solicit comments and potential source information from interested 
parties.

DATES: Comments and sources must be submitted on or before May 29, 
1996.

ADDRESSES: David Wm. Loines, Procurement Analyst, U.S. Small Business 
Administration, 409 3rd Street SW., Washington, DC 20416, Tel:(202) 
205-6475.

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 a 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 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 established by the Federal 
Procurement Data System.
    The Small Business Administration is currently processing a request 
for a waiver of the Nonmanufacturer Rule for Purified Terephthalic Acid 
Ground (PTAG) and Un-Ground (PTAU) (SIC 2869, PSC 6810) and invites the 
public to comment or provide information on potential small business 
manufacturers for this product.
    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 this class of products.

    Dated: April 29, 1996.
Judith A. Roussel,
Associate Administrator for Government Contracting.
[FR Doc. 96-11240 Filed 5-3-96; 8:45 am]
BILLING CODE 8025-01-P