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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: April 16, 2001

SUBJECT: Small Business Administration; Waiver of Nonmanufacturer Rule for Aerospace Ball and Roller Bearings

SOURCE: Federal Register, April 16, 2001, Vol. 66, No. 73, page 19381

AGENCIES: Small Business Administration (SBA)

ACTION: Waiver of the Nonmanufacturer Rule

SUMMARY: The SBA is waiving the nonmanufacturer rule for aerospace ball and roller bearings, consisting of, but not limited to, annular ball bearings, cylindrical ball bearings, linear ball bearings, linear roller bearings, needle roller bearings, ball or roller bearing races, roller bearings, tapered roller bearings and thrust roller bearings.

EDITOR'S NOTE: For more on the proposed waiver of the nonmanufacturer rule for aerospace ball and roller bearings, see the February 20, 2001, FEDERAL CONTRACTS DISPATCH "Small Business Administration; Waiver of Nonmanufacturer Rule for Aerospace Ball and Roller Bearings."

The SBA regulation on the nonmanufacturer rule is in Title 13 of the Code of Federal Regulations (CFR), Business and Credit Administration, Part 121, Small Business Size Standards, under paragraph (b) of 121.406, How Does a Small Business Concern Qualify to Provide Manufactured Products Under Small Business Set- Aside or MED [Minority Enterprise Development] Procurements? The SBA regulation on the waiver of the nonmanufacturer rule is 13 CFR 121.1202, When Will a Waiver of the Nonmanufacturer Rule Be Granted for a Class of Products?

A complete list of products for which the nonmanufacturer rule has been waived is available at http://www.sba.gov/GC/approved.html.

EFFECTIVE DATE: April 13, 2001.

FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, U.S. Small Business Administration, 409 3rd Street, SW, Washington, DC 20416; 202-619-0422.

SUPPLEMENTAL INFORMATION: Public Law 100-656, enacted November 15, 1988, requires recipients of federal contracts that are set-aside for small businesses or are awarded through the SBA's 8(a) program for disadvantaged small businesses to provide the product of a small business manufacturer or processor if the recipient is not the actual manufacturer or processor. This is called the "nonmanufacturer rule" (see paragraph (f) of Federal Acquisition Regulation (FAR) 19.102, Size Standards). However, the law permits SBA to waive this requirement for any "class of products" if there are no small business manufacturers or processors in the federal market.

SBA published a notice in the Federal Register on February 20, 2001, of its intent to grant waivers for aerospace ball and roller bearings within Standard Industrial Classification (SIC) Code 3562 and North American Industry Classification System (NAICS) 332991 unless information on potential small business sources was provided. Since no potential small business sources for these items were identified during the comment period, SBA is granting the waiver.

The waiver will last indefinitely, but it is subject to an annual review and a review upon receipt of information pertaining to the existence of small business sources for these items. If small businesses are identified, the waiver may be terminated.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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