[Federal Register Volume 73, Number 85 (Thursday, May 1, 2008)]
[Notices]
[Page 24101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9551]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice of waiver of the Nonmanufacturer Rule for Safety Zone
Rubber Gloves Manufacturing product number 9999.
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SUMMARY: The U.S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for Safety Zone Rubber Gloves
Manufacturing.
The basis for waiver is that no small business manufacturers are
supplying this class of product 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; service-disabled veteran-owned small
businesses or SBA's 8(a) Business Development Program.
DATES: This waiver is effective May 16, 2008.
FOR FURTHER INFORMATI0N CONTACT: Pamela M. McClam, Program Analyst, by
telephone at (202) 205-7408; by FAX at (202) 481-4783; or by e-mail at
[email protected].
SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act,
(Act) 15 U.S.C. 637(a)(17), requires that recipients of Federal
contracts set aside for small businesses, service-disabled veteran-
owned small businesses, or SBA's 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 of the
product. 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 available to participate in the Federal market.
As implemented in SBA's regulations at 13 CFR 121.1202(c), in order
to be considered available to participate in the Federal market for a
class 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 required as a data entry field by the Federal Procurement Data
System.
The SBA received a request on February 26, 2008, to waive the
Nonmanufacturer Rule for Safety Zone Rubber Gloves Manufacturing.
In response, on April 8, 2008, SBA published in the Federal
Register a notice of intent to waive the Nonmanufacturer Rule for
Safety Zone Rubber Gloves Manufacturing. SBA explained in the notice
that it was soliciting comments and sources of small business
manufacturers of this class of products. No comments were received in
response to this notice. SBA has determined that there are no small
business manufacturers of this class of products, and is therefore
granting the waiver of the Nonmanufacturer Rule for Safety Zone Rubber
Gloves Manufacturing. NAICS code 339113 product number 9999.
Authority: 15 U.S.C. 637(a)(17).
Linda S. Korbol,
Acting Director for Government Contracting.
[FR Doc. E8-9551 Filed 4-30-08; 8:45 am]
BILLING CODE 8025-01-P