04-12848. Small Business Size Standards: Waiver of the nonmanufacturer rule

AGENCY:

Small Business Administration.

ACTION:

Notice of waiver of the nonmanufacturer rule for aluminum, sheet, plate, and foil manufacturing.

SUMMARY:

The U.S. Small Business Administration (SBA) is granting a waiver of the Nonmanufacturer Rule for Aluminum, Sheet, Plate, and Foil Manufacturing. 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.

DATES:

This waiver is effective on June 23, 2004.

FOR FURTHER INFORMATION CONTACT:

Edith Butler, Program Analyst, by telephone at [phone]; by FAX at [phone]; or by e-mail at [e-mail].

SUPPLEMENTARY INFORMATION:

Section 8(a)(17) of the Small Business Act, 15 U.S.C. 637(A)(17), requires that recipients of Federal contracts set aside for small businesses or SBA 8(a) Business Development Program 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 8(a)(17)(b)(iv) of the Act authorizes SBA to waive the Nonmanufacturer Rule for any “class of products” for which there are no small business manufacturers or processors in the Federal market.

As implemented in SBA's regulations at 13 CFR 121.1204, in order 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 six digit coding systems. The first coding system is the Office of Management and Budget North American Industry Classification System (NAICS). The second is the Product and Service Code established by the Federal Procurement Data System.

The SBA received a request on April 16, 2004 to waive the Nonmanufacturer Rule for Aluminum, Sheet, Plate, and Foil Manufacturing. In response, on May 4, 2004, SBA published in the Federal Register a notice of intent to grant the waiver of the Nonmanufacturer Rule for Aluminum, Sheet, Plate, and Foil Manufacturing. SBA explained in the notice that it was soliciting comments and sources of small business manufacturers of this class of products. In response to this notice, no comments were received from any interested party. SBA has determined that there are no small business manufacturers of this class of products, and is therefore granting a waiver of the Nonmanufacturer Rule for Aluminum, Sheet, Plate, and Foil Manufacturing, NAICS 331315.

Dated: June 2, 2004.

Barry S. Meltz,

Acting Associate Administrator for Government Contracting.