[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