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Nitrile Butadiene Rubber (NBR)

Waiver type - Procurement: Nonavailability

Agency: OFFICE OF ASSISTANT SECRETARY FOR PREPAREDNESS AND RESPONSE (7505) • Product Service Code (PSC) : 6515 | Last Modified: 01/24/2024

Procurement Summary

The U.S. Government intends to purchase 55,555,500 boxes of disposable nitrile non-sterile, powder-free patient examination gloves (100 gloves per box) used in healthcare settings to increase the availability of domestically produced Personal Protective Equipment (PPE). This procurement will enable the United States (U.S.) to ensure sufficient domestic availability of such items during national emergencies and/or pandemic events. This waiver request is for non-availability of Nitrile Butadiene Rubber (NBR) from domestic sources. NBR is a component used in the production of nitrile gloves. Currently, domestic sources for NBR are limited and due to the quantity of gloves needed by the Government, domestic sources may not be able to meet the NBR demands for this procurement.

Waiver Rationale Summary

Nitrile Butadiene Rubber (NBR), a compound used in the production of nitrile gloves, has no current availability in the United States domestic marketplace in sufficient quantity or quality to satisfy the Government’s needs. Therefore, a non-availability waiver is being sought for the supply of NBR used in the nitrile glove manufacturing process. U.S. manufacturers do not anticipate having the capability to begin fully sourcing and manufacturing all glove components, specifically NBR, domestically for at least 20 months. There are currently no domestic producers of nitrile gloves in the required quantity that meet IIJA requirements, and it’s estimated that NBR will not be available from domestic sources until late CY25. ASPR/SNS routinely monitors the NBR market to determine if there are sources for nitrile gloves and other PPE that meets the IIJA requirement of 100% American made components and end product. Notwithstanding the current request for non-availability waiver for NBR, ASPR will require contractors to exhaust domestic NBR supplies prior to using foreign sources for NBR. Additionally, ASPR will continue to monitor domestic availability of NBR and will conduct a review of the contracts and perform additional market research at the six (6) month mark to determine the domestic availability of NBR. Finally, ASPR/SNS will utilize domestic sources for NBR that meet the Government’s specifications and satisfy testing requirements as soon as they become available.

Did / Will the solicitation include one of the standard BAA provisions announcing the agency’s intention to provide a price preference for domestic end products and construction material?

No

Was a sources sought or Request for Information issued?

No

OMB Determination

Consistent with Policy

Product

MEDICAL AND SURGICAL INSTRUMENTS, EQUIPMENT, AND SUPPLIES

NAICS

339113 - Surgical Appliance and Supplies Manufacturing

Date Submitted

01/22/2024

Procurement Instrument Identifier (PIID)

Solicitation ID

N/A

Procurement Stage

Pre-solicitation

Expected Maximum Duration of the Proposed Waiver

Between 6 months and 1 year

Waiver Coverage

Individual Waiver

Funding Agency

OFFICE OF ASSISTANT SECRETARY FOR PREPAREDNESS AND RESPONSE