Small Business Administration.
Notice to waive the Nonmanufacturer Rule for Adhesives and Sealants Manufacturing.
The U.S. Small Business Administration (SBA) is granting a waiver of the Nonmanufacturer Rule for Adhesives and Sealants Manufacturing. The basis for waivers is that no small business manufacturers are supplying these classes of products 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; SBA's Very Small Business Program or awarded through the SBA's 8(a) Business Development Program.
This waiver is effective February 24, 2005.Start Further Info
FOR FURTHER INFORMATI0N CONTACT:
Edith Butler, Program Analyst, by telephone at (202) 619-0422; by FAX at (202) 481-1788; or by e-mail at email@example.com.End Further Info End Preamble Start Supplemental 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, SBA's Very Small Business Program or awarded through the 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 121.1204, 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 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 established by the Federal Procurement Data System.
The SBA received a request on November 2, 2004 to waive the Nonmanufacturer Rule for Adhesives and Sealants Manufacturing.
In response, on December 6, 2004, SBA published in the Federal Register a notice of intent to waive the Nonmanufacturer Rule for Adhesives and Sealants Manufacturing. In response to this notice, no comments were received from any interested parties. SBA has determined that there are no small business manufacturers of this class of product, and is therefore granting the waiver of the Nonmanufacturer Rule for Adhesives and Sealants Manufacturing, NAICS 325520.Start Signature
Acting Associate Administrator for Government Contracting.
[FR Doc. 05-2526 Filed 2-8-05; 8:45 am]
BILLING CODE 8025-01-P