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Notice

Small Business Size Standards: Waiver of the Nonmanufacturer Rule

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Information about this document as published in the Federal Register.

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This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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AGENCY:

U.S. Small Business Administration.

ACTION:

Notice of denial to waive the Nonmanufacturer Rule for Water Treatment Chemicals.

SUMMARY:

The U.S. Small Business Administration (SBA) is denying a request for a waiver of the Nonmanufacturer Rule for Water Treatment Chemicals based on our recent discovery of small business manufacturers for these classes of products. Denying this waiver will require recipients of contracts set aside for small businesses, service-disabled veteran-owned small businesses, or SBA's 8(a) Business Development Program to provide the products of small business manufacturers or processors on such contracts.

DATES:

This notice of denial is effective April 10, 2006.

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FOR FURTHER INFORMATION CONTACT:

Edith Butler, Program Analyst, by telephone at (202) 619-0422; by FAX at (202) 481-1788; or by e-mail at edith.butler@sba.gov.

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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 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 a six digit coding system. The coding system is the Office of Management and Budget North American Industry Classification System (NAICS).

The SBA received a request on December 12, 2005 to waive the Nonmanufacturer Rule for Water Treatment Chemicals. In response, on January 18, 2006, SBA published in the Federal Register a notice of intent to waive the Nonmanufacturer Rule for Water Treatment Chemicals. SBA explained in the notice that it was soliciting comments and sources of small business manufacturers of these classes of products. In response to that January 18, 2006 notice, SBA received comments from small business manufacturers indicating that they have furnished these products to the Federal government. Accordingly, based on the available information, SBA has determined that there are small business manufacturers of these classes of products, and, is therefore denying the class waiver of the Nonmanufacturer Rule for Water Treatment Chemicals, NAICS codes 325188 and 325199.

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Dated: March 20, 2006.

Karen C. Hontz,

Associate Administrator for Government Contracting.

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Attachment A: Product Listing

SIN 524-2 FUEL OIL TREATMENT CHEMICALS
FuelSolv FS915FuelSolv FS917FuelSolv MGP3275FuelSolv PB901.
FuelSolv FS916FuelSolv OMG8500
SIN 524-2 BOILER TREATMENT CHEMICALS
Aquamax IEC2OptiGuard MCA624Optisperse CPS501Steamate NA2140.
Aquamax IEC800RediFeed OptiGuardOptisperse CPS502Steamate NA2260.
CorTrol IS100MCA630Optisperse CPS503Steamate NA700.
CorTrol IS102OptiGuard MCM610Optisperse CPS504Steamate NA701.
CorTrol IS103RediFeed OptiGuardOptisperse PO400Steamate NA702.
CorTrol IS104MCM955Optisperse PO423Steamate NA703.
CorTrol IS3000OptiGuard MCP600Optisperse PO424Steamate NA707.
CorTrol OS131OptiGuard MCP601Optisperse SP530Steamate NA711.
CorTrol OS133RediFeed OptiGuardOptisperse SP531Steamate NA713.
CorTrol OS5300MCP953Optisperse SP532Steamate NA715.
Start Printed Page 14984
CorTrol OS7780Optisperse ADJ560 Optisperse ADJ561 Optisperse APO200 Optisperse APO520 Optisperse AP301 Optisperse AP302 Optisperse CL361 Optisperse CL362 Optisperse CL363 Optisperse CPS500Steamate FM760 Steamate FM761 Steamate FM1000 Steamate NA0240 Steamate NA0540
SIN 524-2 COOLING WATER TREATMENT CHEMICALS
Continuum AEC213Depositrol PY5200Inhibitor AZ604Spectrus NX106.
Continuum AEC216Depositrol SF502Inhibitor AZ660Spectrus NX108.
Continuum AEC217Depositrol SF504Inhibitor AZ8101Spectrus NX110.
Continuum AEC218Dianodic DN300Inhibitor PM508Spectrus NX1104.
Continuum AEC223Dianodic DN302Inhibitor PM608Spectrus NX112.
Continuum AEC225Dianodic DN310Inhibitor PM609Spectrus NX114.
Continuum AEC230Ferroquest LP7200Inhibitor PM610Spectrus NX122.
Continuum AEC231Ferroquest LP7202Kleen AC9507Spectrus OX101.
Continuum AEC232FloGard POT802RediFeed Continuum AT901Spectrus OX103.
Continuum AT201FloGard POT807RediFeed Continuum AT902Spectrus OX105.
Continuum AT202FoamTrol AF2290RediFeed Spectrus OX903Spectrus OX903.
Continuum AT203FoamTrol AF706Spectrus BD152Spectrus OX909.
Continuum AT205FoamTrol AF724Spectrus BD1550Spectrus OX1201.
Continuum AT209FoamTrol AF1440Spectrus NX102Spectrus OX1240.
Continuum AT220Spectrus NX104
Depositrol PY505
SIN 524-2 CLOSED SYSTEM TREATMENT CHEMICALS
Corrshield MD400Corrshield NT402Corrshield OR404Ferroquest FQ7102.
Corrshield MD407Corrshield NT403 Corrshield NT411Ferroquest FQ7101Ferroquest FQ7103.
SIN 524-2 MULTI FUNCTION PRODUCTS
AE 1128PKlarAid IC 1172PProSweet OC2532
BioPlus BA900KlarAid PC 1192PProSweet OC2533
BioPlus BA2920KlarAid PC 1195PProSweet OC2534
BioPlus BA2921PolyFloc AE 1115ProSweet OC2543
Pot 804PolyFloc AP 1100
KlarAid CDP 1339PPolyFloc AP 1120P
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[FR Doc. E6-4247 Filed 3-23-06; 8:45 am]

BILLING CODE 8025-01-P