[Federal Register Volume 73, Number 85 (Thursday, May 1, 2008)]
[Notices]
[Pages 24101-24102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9552]
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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 Trash Bags
Manufacturing product number 8105.
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SUMMARY: The U.S. Small Business Administration (SBA) is granting a
waiver of the Nonmanufacturer Rule for Trash Bags 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 INFORMATION 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
[[Page 24102]]
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 22, 2008, to waive the
Nonmanufacturer Rule for Trash Bags Manufacturing.
In response, on April 8, 2008, SBA published in the Federal
Register a notice of intent to waive the Nonmanufacturer Rule for Trash
Bags 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 Trash Bags Manufacturing. NAICS code 326111
product number 8105.
Authority: 15 U.S.C. 637(a)(17).
Linda S. Korbol,
Acting Director for Government Contracting.
[FR Doc. E8-9552 Filed 4-30-08; 8:45 am]
BILLING CODE 8025-01-P