[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Pages 68394-68395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28060]
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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 to the Nonmanufacturer Rule for Woven and Knit
impregnated with Flat Dipped Rubber/Plastic Gloves.
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SUMMARY: The U. S. Small Business Administration (SBA) is granting a
class waiver of the Nonmanufacturer Rule for Woven and Knit impregnated
with Flat Dipped Rubber/Plastic Gloves, under North American Industry
Classification System (NAICS) code 315992 (Glove and Mitten
Manufacturing). The basis for the waiver is that no small business
manufacturers are supplying this class of products to the Federal
government. The effect of this waiver will be to allow otherwise
qualified small businesses to supply the products of any manufacturer
on a Federal contract set aside for small businesses, Service-Disabled
Veteran-Owned (SDVO) small businesses, Participants in SBA's 8(a)
Business Development (BD) Program, or Women-Owned Small Business (WOSB)
concerns.
DATES: This waiver is effective November 22, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Garcia, Procurement Analyst,
by telephone at (202) 205-6842; by FAX at (202) 481-1630; 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), and SBA's implementing regulations require
that recipients of Federal supply contracts
[[Page 68395]]
set aside for small businesses, SDVO small businesses, Participants in
the SBA's 8(a) BD Program, or WOSBs, 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. 13 CFR 121.406(b),
125.15(c), 127.505. 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.
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. 13 CFR
121.1202(c). The SBA defines ``class of products'' based on the Office
of Management and Budget's NAICS.
The SBA received a request on August 13, 2010, to waive the
Nonmanufacturer Rule for Woven and Knit impregnated with Flat Dipped
Rubber/Plastic Gloves under PSC 9999 (Miscellaneous), NAICS code 315992
(Glove and Mitten Manufacturing).
On August 27, 2010, SBA published in the Federal Register a notice
of intent to waive the Nonmanufacturer Rule for the above listed item.
75 FR 38156 (2010). 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. In
addition, SBA conducted market research using the Dynamic Small
Business Search database and no small business manufacturers that
participate in the Federal market were identified. Lastly, on September
16, 2010, SBA posted a Sources Sought notice on http://www.fbo.gov that
it was soliciting comments and sources of small business manufacturers
of this class of products. One comment was received from a small
business distributor, not a small business manufacturer of this type of
product. Thus, SBA has determined that there are no small business
manufacturers of this classes of product, and is therefore granting the
waiver of the Nonmanufacturer Rule for Woven and Knit impregnated with
Flat Dipped Rubber/Plastic Gloves, under NAICS code 315992 (Glove and
Mitten Manufacturing).
Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-28060 Filed 11-4-10; 8:45 am]
BILLING CODE 8025-01-P