[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18805-18806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08077]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Termination of Nonmanufacturer
Rule Class Waiver
AGENCY: U.S. Small Business Administration.
ACTION: Notice of termination of the class waiver to the
nonmanufacturer rule for rubber gloves.
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SUMMARY: The U.S. Small Business Administration (SBA) is terminating a
class waiver of the Nonmanufacturer Rule (NMR) for ``Gloves, rubber
(e.g., electrician's, examination, household-type, surgeon's),
manufacturing'' based on SBA's discovery of small business
manufacturers. Terminating this waiver will require recipients of
Federal contracts (except those valued between $3,500 and $150,000) set
aside for small business, service-disabled veteran-owned small business
(SDVOSB), women-owned small business (WOSB), economically disadvantaged
women-owned small business (EDWOSB), or participants in the SBA's 8(a)
Business Development (BD) program, to provide the products of small
business manufacturers or processors on such contracts for rubber
gloves, unless a Federal Contracting Officer obtains an individual
waiver to the NMR.
DATES: This action is effective May 8, 2017.
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 (except those valued between $3,500 and $150,000) set aside
for small business, service-disabled veteran-owned small business
(SDVOSB), women-owned small business (WOSB), economically disadvantaged
women-owned small business (EDWOSB), 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). Unless public
comment reveals that no small business manufacturer exists for the
class of products in question, SBA will publish a final Notice of
Termination in the Federal Register. 13 CFR 121.1204(a)(7)(iii).
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). The requester provided
evidence that there is a small business manufacturer that has submitted
offers on solicitations for government contracts within the last 24
months. SBA issued a Federal Register notice of its intent to terminate
the class waiver on March 14, 2017, 82 FR 13704. In response to this
notice, SBA did not receive any comments from the public.
As a result of this NMR class waiver termination, under a small
business set-aside, small business dealers are no longer able to
provide the product of an other than small manufacturer on contracts of
those types for ``Gloves, rubber (e.g., electrician's, examination,
household-type, surgeon's), manufacturing,'' unless a Federal
[[Page 18806]]
Contracting Officer obtains an individual waiver to the NMR.
Therefore, SBA is retracting the NMR class waiver previously
granted for Rubber Gloves, identified under PSC 9320 and NAICS code
339113.
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. 2017-08077 Filed 4-20-17; 8:45 am]
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