VA Individual Waiver Approval - Dose Calibrator.pdf

All SBA programs and services are extended to the public on a nondiscriminatory basis. 1

Office of Government Contracting and Business Development | 409 3rd Street SW | Washington DC 20416

July 24, 2026

Via Email: Michael.Barton@va.gov

Mr. Michael Barton Contracting Specialist

NCO-07

RPO East Region U.S. Department of Veterans Affairs

RE: NMR Individual Waiver Request for Dose Calibrator

Dear Mr. Barton:

Your request for an individual Nonmanufacturer Rule (NMR) waiver has been approved.

On July 17, 2026, the Department of Veterans Affairs (VA) submitted a request to the U.S. Small Business Administration (SBA) for an individual waiver of the NMR) for the purchase of a medical Dose Calibrator. The applicable North American Industry Classification System (NAICS) code for this procurement is 339112, Surgical and Medical Instrument Manufacturing, and the estimated total value of this procurement is $ 34,233.00. The solicitation number will be 36C24726Q0616.

The waiver of the NMR on an individual procurement is provided for in section 8(a)(17) of the Small Business Act, 15 U.S.C. § 637(a)(17), and section 121.406(b)(5) of title 13 of the Code of Federal Regulations, 13 C.F.R. § 121.406(b)(5). At a minimum, an individual NMR waiver request must include the specific item to be waived, why the specific item is required, the proposed solicitation number, the NAICS code, the dollar amount of the procurement, a brief statement of the procurement history, and a Statement of Work (for contracts expected to exceed $500,000). 13 C.F.R. § 121.1204(b)(1).

In addition, the contracting officer must provide a determination that no small business manufacturer can reasonably be expected to offer the product(s) required under the solicitation.

This determination must be supported by a narrative of market research and supporting documentation. 13 C.F.R. § 121.1204(b)(1)(iii).

All SBA programs and services are extended to the public on a nondiscriminatory basis. 2

According to your submission, the VA plans to procure a medical Dose Calibrator. The VA has identified Mirion Technologies, Inc.’s Capintec CRC-55tW Dose Calibrator (touch screen) with Well Counter System as the only product that will meet its need. The Exception to Fair Opportunity Memo provided states that “the required Capintec Dose Calibrator and Well technology must be compatible with the Atlanta VA HealthCare System’s existing and recently acquired Nuclear Medicine Information System (NMIS)… and no other vendors provide equivalent equipment with the necessary connectivity and compatibility.” Mirion Technologies, Inc. is not a small business. The provided Market Research Report indicates that there are multiple Service-Disabled Veteran Owned Small Businesses (SDVOSBs) who are authorized to distribute the requested item.

As the VA has demonstrated no small business can meet the specifications of the contract as a manufacturer, an individual waiver is appropriate in this instance. This waiver specifically applies to the Mirion Technologies, Inc. CRC-55tW Dose Calibrator (touch screen) with Well Counter System (Brand Name Only) requirement. This individual waiver applies to this one-time award only and does not apply to modifications to the scope of the contract or other procurement actions. Modifications determined by the contracting officer to be within the scope of the contract will require an additional waiver. 13 C.F.R. § 121.1203(b).

This individual waiver is good for the duration of the contract provided that it does not exceed five years. At the end of the fifth year, whether the contract is in the base period or an option period, the agency must submit and receive a new waiver before entering into the contract’s sixth year.

Notice of this waiver must be published with the solicitation so that potential offerors are aware of the waiver and the specific product(s) covered. 13 C.F.R. § 121.1206. The effect of this waiver is to allow an otherwise qualified small business to supply the product of an other-than-small manufacturer or processor on this intended SDVOSB set-aside contract. However, it must be emphasized that this waiver of the NMR does not waive other legal requirements applicable to Government procurements, such as the Buy American Act and the Trade Agreements Act.

This individual waiver must be used within one year of issuance. If that time period expires, the agency may request a waiver extension by contacting nmrwaivers@sba.gov. When the contract is awarded, please provide nmrwaivers@sba.gov with the contract award date, award dollar amount, contract number, and the name of the awardee and its size status. Should you have any questions or require any additional information, please contact Alicia Vogel at (470) 658-2250 or alicia.vogel@sba.gov.

Sincerely, Larry Stubblefield Deputy Associate Administrator mailto:nmrwaivers@sba.gov mailto:nmrwaivers@sba.gov mailto:alicia.vogel@sba.gov