[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)] [Rules and Regulations] [Pages 42376-42377] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-20823] ======================================================================= ----------------------------------------------------------------------- SMALL BUSINESS ADMINISTRATION 13 CFR Part 121 Small Business Size Standards; Reinstate a Class Waiver of the Nonmanufacturer Rule AGENCY: Small Business Administration. ACTION: Reinstate a Class Waiver of the Nonmanufacturer Rule for one class of metal products. ----------------------------------------------------------------------- SUMMARY: On July 27, 1994, the Small Business Administration (SBA) published a notice in the Federal Register (Vol. 59, No. 143, FR 38115) that terminated: the class waiver for bars and rods, nickel-copper, nickel-copper-aluminum, and high-nickel-alloy and copper, copper- nickel, aluminum-bronze, and naval brass [Federal Supply Code (FSC) 9530, Standard Industrial Classification Code (SIC) 3356] (hereafter referred to as bars and rods); and the class waiver for structural shapes, angles, channels, tees and zees, aluminum and high-nickel-alloy (hereafter referred to as structural shapes). It has been brought to SBA's attention by the Defense Logistics Agency, Defense Industrial Supply Center, that a misclassification occurred because SBA combined these two different groups of metal products into a single classification. This mistake inadvertently resulted in the termination of the class waiver for bars and rods. The SBA is therefore reinstating the class waiver under the Nonmanufacturer Rule for bars and rods. The termination of the waiver of the Nonmanufacturer Rule for structural shapes remains in effect. EFFECTIVE DATE: August 15, 1996. FOR FURTHER INFORMATION CONTACT: David Wm. Loines, Office of Government Contracting, phone number (202) 205-6475. SUPPLEMENTARY INFORMATION: Public Law 100-656, enacted on November 15, [[Page 42377]] 1988, incorporated into the Small Business Act the previously existing requirement that recipients of Federal contracts set aside for small businesses, or the SBA 8(a) Program, must provide the products of small business manufacturers or processors. The SBA regulations imposing this requirement are found at 13 CFR 121.406(b). Section 210 of Public Law 101-574 further amended the Small Business Act to allow for waivers for classes of products for which there are no small business manufacturers or processors ``available to participate in the Federal procurement market,'' 15 U.S.C. 637(a)(17)(B)(iv)(II). Decision To Reinstate the Class Waiver SBA announced its decision to grant a class waiver for bars and rods in the Federal Register on May 15, 1991 (Vol. 56, No. 94 FR 22306). SBA published a notice terminating the class waiver for bars and rods and structural shapes on July 27, 1994 (Vol. 59, No. 143 FR 38115). On October 24, 1994, the Defense Logistics Agency's (DLA) Defense Industrial Supply Center (DISC) brought to SBA's attention that a misclassification had occurred by grouping bars and rods with structural shapes which inadvertently resulted in the termination of the class waiver for both bars and rods. The termination of the waiver for structural shapes was correct and remains in effect. The waiver previously granted for bars and rods, nickel-copper, nickel-copper-aluminum, and high-nickel-alloy and copper, copper- nickel, aluminum-bronze, and naval brass [Federal Supply Code (FSC) 9530, Standard Industrial Classification Code (SIC) 3356] should still be in effect, effective upon date of publication of this notice. Small business set-aside or SBA 8(a) Program contracts for this class of products may rely on this waiver where the solicitation is dated within ninety (90) days of the date this notice appears in the Federal Register. Dated: August 12, 1996. Judith A. Roussel, Associate Administrator for Government Contracting. [FR Doc. 96-20823 Filed 8-14-96; 8:45 am] BILLING CODE 8025-01-P