[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