[Federal Register Volume 82, Number 48 (Tuesday, March 14, 2017)]
[Notices]
[Pages 13704-13705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04920]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of intent to terminate the class waiver to the 
Nonmanufacturer Rule for Rubber Gloves.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
terminating a class waiver to the Nonmanufacturer Rule (NMR) for 
``Gloves, rubber (e.g., electrician's, examination, household-type, 
surgeon's), manufacturing''. On October 27, 2016, SBA received a 
request to terminate the current class waiver to the NMR for ``Gloves, 
rubber (e.g., electrician's, examination, household-type, surgeon's), 
manufacturing'' under North American Industry Classification System 
(NAICS) code 339113 (Surgical Appliance and Supplies Manufacturing), 
Product Service Code (PSC) 9320 (Rubber Fabricated Materials). 
According to the request, there is a small business manufacturer 
available to participate in the Federal market for this class of 
product. The requester provided evidence that this small business 
manufacturer has submitted offers on solicitations for government 
contracts within the last 24 months.
    Thus, SBA is seeking comment on the termination of the class waiver 
for ``Gloves, rubber (e.g., electrician's, examination, household-type, 
surgeon's), manufacturing.'' An awardee of a Federal small business 
set-aside contract valued over $150,000, service-disabled veteran-owned 
small business contract, HUBZone contract, women-owned small business 
contract, or 8(a) contract must provide its own product or the product 
of a small business manufacturer, unless a waiver is in place. If the 
class waiver is terminated, small business dealers will no longer be 
able to provide the product of any manufacturer regardless of size on 
contracts of those types for ``Gloves, rubber (e.g., electrician's, 
examination, household-type, surgeon's), manufacturing,'' unless a 
Federal Contracting Officer obtains an individual waiver to the NMR.

DATES: Comments and source information must be submitted on or before 
March 29, 2017.

ADDRESSES: You may submit comments and source information via the 
Federal Rulemaking Portal at https://www.regulations.gov under Docket 
ID SBA-2017-0002. If you wish to submit confidential business 
information (CBI) as defined in the User Notice at http://www.regulations.gov, please submit the information to Roman Ivey, 
Program Analyst, 409 Third Street SW., Washington, DC 20416, and 
highlight the information that you consider to be CBI and explain why 
you believe this information should be held confidential. SBA will 
review the information and make a final determination as to whether or 
not the information will be published.

[[Page 13705]]


FOR FURTHER INFORMATION CONTACT: Roman Ivey, Program Analyst, by 
telephone at 202-401-1420; or by email at [email protected].

SUPPLEMENTARY INFORMATION: Section 8(a)(17) and 46 of the Small 
Business Act (Act), 15 U.S.C. 637(a)(17) and 657, and SBA's 
implementing regulations require that recipients of Federal supply 
contracts set aside for small businesses (except those valued between 
$3,500 and $150,000), service-disabled veteran-owned small businesses 
(SDVOSBs), women-owned small businesses (WOSBs), economically 
disadvantaged women-owned small businesses (EDWOSBs), or participants 
in the SBA's 8(a) Business Development (BD) 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 (NMR). 
13 CFR 121.406(b). Sections 8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the 
Act authorize SBA to waive the NMR for a ``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 121.1204(a)(7), SBA 
will periodically review existing class waivers to the NMR in order to 
determine whether small business manufacturers or processors have 
become available to participate in the Federal market. Upon receipt of 
information that such a small business manufacturer or processor 
exists, the SBA will announce its intent to terminate the NMR waiver 
for a class of products. 13 CFR 121.1204(a)(7)(ii).
    On April 8, 2008, SBA issued a Notice of Intent to waive the NMR 
for Safety Zone Rubber Gloves Manufacturing under NAICS 339113 
(Surgical Appliance and Supplies Manufacturing), and identified PSC 
9999, the code for miscellaneous items. 73 FR 19132. SBA did not 
receive any comments, and on May 1, 2008, SBA issued a class waiver for 
Safety Zone Rubber Gloves Manufacturing. 73 FR 24101. On October 27, 
2016, SBA received a request to terminate the NMR waiver for ``Gloves, 
rubber (e.g., electrician's, examination, household-type, surgeon's), 
manufacturing'' under NAICS code 339113 (Surgical Appliance and 
Supplies Manufacturing), PSC 9320 (Rubber Fabricated Materials). The 
change of item description and PSC is in accordance with SBA's most 
recent list of current class waivers to the NMR. The requester has 
provided evidence that there is a small business that manufactures 
Rubber Gloves in the United States. SBA has confirmed that this small 
business manufacturer has submitted bids on Federal solicitations 
within the last 24 months. Thus, SBA is proposing to terminate the 
class waiver for rubber gloves manufacturing. The public is invited to 
comment or provide source information to SBA on the proposed 
termination of the NMR waiver for this class of products.
    More information on the NMR and Class Waivers can be found at 
https://www.sba.gov/contracting/contracting-officials/non-manufacturer-rule/non-manufacturer-waivers.

Se[aacute]n F. Crean,
Director, Office of Government Contracting.
[FR Doc. 2017-04920 Filed 3-13-17; 8:45 am]
 BILLING CODE 8025-01-P