VA Individual Waiver Approval - Furniture.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

August 12, 2026

Via Email: LaTerrica.Sewell@va.gov

Ms. La'Terrica Sewell Contracting Officer U.S. Department of Veterans Affairs NCO-07, RPO East Region

RE: NMR Individual Waiver Request for Behavioral Health Furniture

Dear Ms. Sewell:

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

On August 5, 2026, the Department of Veterans Affairs (VA) submitted a request to the U.S. Small Business Administration (SBA) for an individual waiver of the Nonmanufacturer Rule (NMR) for the purchase of Behavioral Health Furniture. The applicable North American Industry Classification System code for this procurement is 337127, Institutional Furniture Manufacturing, and the estimated total value of this procurement is $351,468.23. The estimated value of the item(s) for which a waiver is sought is $258,468.23, which is approximately 73% of the total estimated value of this procurement (installation and delivery is not subject to the NMR). The solicitation number will be 36C24726Q0746.

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 the following nine items:

Item Part Number Description Qty Cost per Item

Total Cost

FLBDS3680-WS Flo Behavioral Health

Platform Bed with Open Side Storage, 36” x 80”, Warm Sand

59 $1,730.45 $102,096.55

SF36805

Behavioral Health Mattress, 36” x 80” x 5”

$579.12 $34,168.08

SPB-8054-G70

Gibraltar Platform Bed, Double XL, 54” x 80”, Dolce Vita Finish

$2,051.38 $4,102.76

SF54805

Behavioral Health Mattress, 54” x 80” x 5”

$868.47 $1,736.94

FRCG500-WS

Frontier Behavioral Health Desk, Open, No Shelves, Warm Sand

$863.03 $33,658.17

SG210

Gibraltar Dresser, 4 Drawer, Dolce Vita

$970.91 $33,010.94

SG-CUSTOM-A

Gibraltar Double Wardrobe, 2 Doors, 2 Drawers, Dolce Vita

$1,967.07 $41,308.47

SG-CUSTOM-B Gibraltar Single

Wardrobe, Left Hinged, 1 Door, 2

4 $1,397.72 $5,590.88

SG-CUSTOM-C Gibraltar Single

Wardrobe, Right Hinged, 1 Door, 2

2 $1,397.72 $2,795.44

Total: $258,468.23

All SBA programs and services are extended to the public on a nondiscriminatory basis. 3

The VA needs to replace resident room furniture and has identified these items as the only products that will meet their needs. The Individual NMR Waiver Request states that “the facility requires specialized behavioral health furniture that is engineered with high impact, pick resistant, anti-ligature safety features and weighted components to prevent patient self-harm or weaponization of furniture components” and “Stance Healthcare’s basis of design is preferred for VA facilities because Stance behavioral health furniture focuses on safety, dignity, and durable comfort.” This is a brand name (Stance Healthcare) or equal procurement. Stance Healthcare is an other-than-small business.

The request indicates that there are multiple Service-Disabled Veteran Owned Small Businesses (SDVOSBs) who are authorized to distribute Stance Healthcare’s items. The agency’s market research did not reveal any “equal” small business manufacturers that could meet the requirements.

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 Behavioral Health Furniture requirement which includes the nine items listed above. 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 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. Please inform SBA of the date you enter into a contract using the waiver, the contract number, and the actual dollar value of the contract. Should you have any questions or require any additional information, please contact Alicia Vogel at (470) 658-2250 or alicia.vogel@sba.gov.

Sincerely, Sandra Barrett Associate Deputy Director mailto:alicia.vogel@sba.gov