Laser Multicolor Photocoagulator

RFQ: 36C25226Q0615 - Questions and Answers

The solicitation includes FAR 52.219-33 and VAAR 852.219-76. SBA’s class-waiver database identifies a waiver for Electromedical and Electrotherapeutic Apparatus Manufacturing under NAICS 334510. Please confirm whether that class waiver applies to the complete NIDEK MC-500 system and accessories under this RFQ.

Yes — the SBA class waiver for NAICS 334510 does apply to fully integrated medical laser systems and their accessories, and by extension it applies to the complete NIDEK MC‑500 system and its required components.

If the class waiver applies, please explain how vendor’s should complete and sign the VAAR 852.219-76 certification where the posted form references supplying products of a small-business manufacturer.

The solicitation includes VAAR 852.219‑76 – VA Notice of Limitations on Subcontracting: Certificate of Compliance for Supplies and Products (JAN 2023) (DEVIATION). Because an SBA class waiver to the Nonmanufacturer Rule applies to the NAICS used for this RFQ, please follow the steps below when completing and signing the certification.

What the clause permits when a waiver applies

VAAR 852.219‑76 states that a nonmanufacturer must supply the product of a domestic small business manufacturer or processor, unless a waiver has been granted under 13 CFR 121.406(b)(5). Since a class waiver applies here, the requirement to supply the product of a small‑business manufacturer is lifted; compliance with Buy American Act/Trade Agreements Act remains separate and still applies.

How to complete the certification (step‑by‑step)

Paragraph (a)(1): Check the correct box.

If you are not the manufacturer, select (a)(1)(ii) – Nonmanufacturer. This selection explicitly recognizes the waiver language in the clause (“…unless a waiver… is granted”).

Paragraph (a)(2): Identify your role.

Select (a)(2)(ii) – Nonmanufacturer and provide your firm’s details.
List the domestic manufacturer of the product you will supply....