[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR121.702]

[Page 324-325]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 121--SMALL BUSINESS SIZE REGULATIONS--Table of Contents
 
          Subpart A--Size Eligibility Provisions and Standards
 
Sec. 121.702  What size standards are applicable to the SBIR program?

    To be eligible to compete for award of funding agreements in SBA's 
Small Business Innovation Research (SBIR) program, a business concern 
must:
    (a) Be at least 51 percent owned and controlled by one or more 
individuals

[[Page 325]]

who are citizens of, or permanent resident aliens in, the United States; 
and
    (b) Not have more than 500 employees, including its affiliates.

    Effective Date Note: At 69 FR 70185, Dec. 3, 2004, Sec. 121.702 was 
revised, effective Jan. 3, 2005. For the convenience of the user the 
revised text is set forth as follows:

Sec. 121.702  What size standards are applicable to the SBIR program?

    To be eligible for award of funding agreements in the SBA's Small 
Business Innovation Research (SBIR) program, a business concern must 
meet the requirements of paragraphs (a) and (b) below:
    (a) Ownership and control. (1) An SBIR awardee must (i) be a concern 
which is at least 51% owned and controlled by one or more individuals 
who are citizens of the United States, or permanent resident aliens in 
the United States; or
    (ii) Be a concern which is at least 51% owned and controlled by 
another business concern that is itself at least 51% owned and 
controlled by individuals who are citizens of, or permanent resident 
aliens in the United States; or
    (iii) Be a joint venture in which each entity to the venture must 
meet the requirements set forth in either paragraphs (a)(1)(i) or 
(a)(1)(ii) of this section.
    (2) If an Employee Stock Option Plan owns all or part of the 
concern, SBA considers each stock trustee and plan member to be an 
owner.
    (3) If a trust owns all or part of the concern, SBA considers each 
trustee and trust beneficiary to be an owner.
    (b) Size. An SBIR awardee, together with its affiliates, not have 
more than 500 employees.