[Federal Register Volume 73, Number 68 (Tuesday, April 8, 2008)]
[Notices]
[Page 19133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7319]


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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 intent to Waive the Nonmanufacturer Rule for Trash 
Bags Manufacturing.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a request for a waiver of the Nonmanufacturer Rule for Trash 
Bags Manufacturing. This U.S. industry comprises establishments 
primarily engaged in (1) converting plastics resins into plastics bags 
or pouches; and/or (2) forming, coating, or laminating plastics film or 
sheet into single web or multi-web plastics bags or pouches. 
Establishments in this industry may print on the bags or pouches they 
manufacture. According to the request, no small business manufacturers 
supply this class of product to the Federal government. If granted, the 
waiver would 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: Comments and source information must be submitted April 23, 
2008.

ADDRESSES: You may submit comments and source information to Pamela M. 
McClam, Program Analyst, U.S. Small Business Administration, Office of 
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 
20416.

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 
pamela.mcclam@sba.gov.

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 a six digit coding 
system. The coding system is the Office of Management and Budget North 
American Industry Classification System (NAICS).
    The SBA is currently processing a request to waive the 
Nonmanufacturer Rule for Trash Bags Manufacturing, North American 
Industry Classification System (NAICS) code 326111 product number 8105.
    The public is invited to comment or provide source information to 
SBA on the proposed waivers of the Nonmanufacturer Rule for this class 
of NAICS code within 15 days after date of publication in the Federal 
Register.

Arthur E. Collins, Jr.,
Director for Government Contracting.
 [FR Doc. E8-7319 Filed 4-7-08; 8:45 am]
BILLING CODE 8025-01-P