Attachment H_NMR Individual Waiver Approval Cart and Utensil Washer Disinfector Units.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

Date

Via Email: Anthony.Zibolski@va.gov

Mr. Anthony Zibolski Contracting Officer U.S. Department of Veterans Affairs 10300 Spotsylvania Ave, Suite 400 Fredericksburg, VA 22408

RE: NMR Individual Waiver Request

Dear Mr. Zibolski:

You request for an Nonmanufacturer Rule (NMR) individual waiver for the cart and utensil washer/disinfector is approved.

On February 20, 2026, the Department of Veterans Affairs (VA) submitted a request to the U.S. Small Business Administration (SBA) for an individual NMR waiver for a cart and utensil washer/disinfector.

The anticipated solicitation number is 36C10X26R0015. The applicable North American Industry Classification System (NAICS) code is 339113, Surgical Appliance and Supplies Manufacturing, and the estimated dollar value of this procurement is $ 25,867,759.52.

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 a definitive statement of the specific item sought to be waived, a justification as to 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). The term “item” can be a specific broad identifying thing ( e.g., all spare parts related to aircraft X), but cannot be so broad as to have no real identification ( e.g., all medical supplies).

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

In addition, the contracting officer must provide a determination that no small business manufacturer can reasonably be expected to submit an offer for the item that meets the specifications and solicitation’s requirements (including period of performance). This determination must be supported by a narrative of market research and supporting documentation. 13 C.F.R. § 121.1204(b)(1)(iii).

According to your submission, the VA seeks an individual NMR waiver for a cart and utensil washer/disinfector that is brand name or equal to the Steris Vision® 1300 Series. The cart and utensil washer/disinfector units are designed to clean and remove organic debris from instruments and utensils as well as carts and large items such as wheelchairs. Use of such dedicated units reduces staff exposure to potentially hazardous materials or microorganism growth during the manual cleaning process. Market research found that there are two manufacturers capable of providing an item that meets the salient characteristics – Steris and Getinge, both large businesses. A search of SBA’s SBS and a sources sought posted January 12-28, 2026, on SAM.gov revealed several SDVOSB distributors that use one of the two forementioned manufacturers: Beacon Point Associates LLC [UEI L97MMG5VW9N7], Buffalo Supply Inc. [UEI HDJHV6JT5RX8], Derrah Morrison Enterprise LLS [UEI M142JLL9Y1T4], and TrillaMed LLC [UEI GW9FLBWB5625]. VA plans to issue a SDVOSB set aside if an NMR waiver is granted.

Since the VA has demonstrated that no small business manufacturer can reasonably be expected to submit an offer cart and utensil washer/disinfector with the salient characteristic, an individual waiver is granted.

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 request and receive a new waiver before entering into the contract’s sixth year.

Notice that an individual waiver has been granted must be published with the solicitation so that potential offerors are aware of the waiver and the specific item(s) covered. 13 C.F.R. § 121.1206. The effect of this waiver is to allow an otherwise qualified small business to supply the item of an other-than-small manufacturer or processor on this intended SDVOSB set-aside. 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.

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

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 email nmrwaivers@sba.gov with the award date, award dollar value, contract number, and the name of the awardee and its size status. Should you have any questions or require any additional information, please contact John Butts at (202) 935-4636 or john.butts@sba.gov.

Sincerely, Larry Stubblefield Deputy Associate Administrator