E6-4247. Small Business Size Standards: Waiver of the Nonmanufacturer Rule

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.

FOR FURTHER INFORMATION CONTACT:

Edith Butler, Program Analyst, by telephone at [phone]; by FAX at [phone]; or by e-mail at [e-mail].

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.

Dated: March 20, 2006.

Karen C. Hontz,

Associate Administrator for Government Contracting.

Attachment A: Product Listing

SIN 524-2 FUEL OIL TREATMENT CHEMICALS
FuelSolv FS915	FuelSolv FS917	FuelSolv MGP3275	FuelSolv PB901.
FuelSolv FS916		FuelSolv OMG8500
SIN 524-2 BOILER TREATMENT CHEMICALS
Aquamax IEC2	OptiGuard MCA624	Optisperse CPS501	Steamate NA2140.
Aquamax IEC800	RediFeed OptiGuard	Optisperse CPS502	Steamate NA2260.
CorTrol IS100	MCA630	Optisperse CPS503	Steamate NA700.
CorTrol IS102	OptiGuard MCM610	Optisperse CPS504	Steamate NA701.
CorTrol IS103	RediFeed OptiGuard	Optisperse PO400	Steamate NA702.
CorTrol IS104	MCM955	Optisperse PO423	Steamate NA703.
CorTrol IS3000	OptiGuard MCP600	Optisperse PO424	Steamate NA707.
CorTrol OS131	OptiGuard MCP601	Optisperse SP530	Steamate NA711.
CorTrol OS133	RediFeed OptiGuard	Optisperse SP531	Steamate NA713.
CorTrol OS5300	MCP953	Optisperse SP532	Steamate NA715.
CorTrol OS7780	Optisperse ADJ560 Optisperse ADJ561 Optisperse APO200 Optisperse APO520 Optisperse AP301 Optisperse AP302 Optisperse CL361 Optisperse CL362 Optisperse CL363 Optisperse CPS500	Steamate FM760 Steamate FM761 Steamate FM1000 Steamate NA0240 Steamate NA0540
SIN 524-2 COOLING WATER TREATMENT CHEMICALS
Continuum AEC213	Depositrol PY5200	Inhibitor AZ604	Spectrus NX106.
Continuum AEC216	Depositrol SF502	Inhibitor AZ660	Spectrus NX108.
Continuum AEC217	Depositrol SF504	Inhibitor AZ8101	Spectrus NX110.
Continuum AEC218	Dianodic DN300	Inhibitor PM508	Spectrus NX1104.
Continuum AEC223	Dianodic DN302	Inhibitor PM608	Spectrus NX112.
Continuum AEC225	Dianodic DN310	Inhibitor PM609	Spectrus NX114.
Continuum AEC230	Ferroquest LP7200	Inhibitor PM610	Spectrus NX122.
Continuum AEC231	Ferroquest LP7202	Kleen AC9507	Spectrus OX101.
Continuum AEC232	FloGard POT802	RediFeed Continuum AT901	Spectrus OX103.
Continuum AT201	FloGard POT807	RediFeed Continuum AT902	Spectrus OX105.
Continuum AT202	FoamTrol AF2290	RediFeed Spectrus OX903	Spectrus OX903.
Continuum AT203	FoamTrol AF706	Spectrus BD152	Spectrus OX909.
Continuum AT205	FoamTrol AF724	Spectrus BD1550	Spectrus OX1201.
Continuum AT209	FoamTrol AF1440	Spectrus NX102	Spectrus OX1240.
Continuum AT220		Spectrus NX104
Depositrol PY505
SIN 524-2 CLOSED SYSTEM TREATMENT CHEMICALS
Corrshield MD400	Corrshield NT402	Corrshield OR404	Ferroquest FQ7102.
Corrshield MD407	Corrshield NT403 Corrshield NT411	Ferroquest FQ7101	Ferroquest FQ7103.
SIN 524-2 MULTI FUNCTION PRODUCTS
AE 1128P	KlarAid IC 1172P	ProSweet OC2532
BioPlus BA900	KlarAid PC 1192P	ProSweet OC2533
BioPlus BA2920	KlarAid PC 1195P	ProSweet OC2534
BioPlus BA2921	PolyFloc AE 1115	ProSweet OC2543
Pot 804	PolyFloc AP 1100
KlarAid CDP 1339P	PolyFloc AP 1120P