NMR Individual Waiver Approval - VA NCO2 20260512.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

May 22, 2026

Via Email

Mr. Jonathan Kilgore Contracting Officer U.S. Department of Veterans Affairs Network Contracting Office (NCO) 2

RE: NMR Individual Waiver Request

Dear Mr. Kilgore:

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

On May 5, 2026, the U.S. 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 four new ophthalmological surgery chairs. The applicable North American Industry Classification System code for this procurement is 339113, Surgical Appliances and Supplies Manufacturing, and the estimated value of this procurement is $69,800.00.

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).

According to your submission, the VA plans to procure four (4) new surgical ophthalmological chairs to replace four (4) that have reached end of life and have caused critical disruption of patient services. The VA has identified these chairs are critical to providing quality care in the ophthalmology

All SBA programs and services are extended to the public on a nondiscriminatory basis. 2 department. While not a brand name requirement, there are four known manufacturers, and all are large businesses. On March 26, 2026, VA posted a Request of Information for suppliers of the chairs and two small businesses and six SDVOSBs responded. All respondents were distributors.

Since the VA has demonstrated that no small business can meet the specifications of the contract as a manufacturer, an individual waiver is appropriate in this instance. 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 email nmrwaivers@sba.gov with the award date, contract number, award dollar value, and the name and size status of the awardee. Should you have any questions or require any additional information, please contact Timothy Berdan at 973-645-6064 or timothy.berdan@sba.gov.

Sincerely, Larry Stubblefield Deputy Associate Administrator