[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR19.001]



[Page 345-346]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 19_SMALL BUSINESS PROGRAMS--Table of Contents

 

Sec. 19.001  Definitions.



    As used in this part--

    Concern means any business entity organized for profit (even if its 

ownership is in the hands of a nonprofit entity) with a place of 

business located in the United States or its outlying areas and that 

makes a significant contribution to the U.S. economy through payment of 

taxes and/or use of American products, material and/or labor, etc. 

``Concern'' includes but is not limited to an individual, partnership, 

corporation, joint venture, association, or cooperative. For the purpose 

of making affiliation findings (see 19.101), include any business 

entity, whether organized for profit or not, and any foreign business 

entity, i.e., any entity located outside the United States and its 

outlying areas.

    Fair market price means a price based on reasonable costs under 

normal competitive conditions and not on lowest possible cost (see 

19.202-6).

    Industry means all concerns primarily engaged in similar lines of 

activity, as listed and described in the North American Industry 

Classification system (NAICS) manual (available via the Internet at 

http://www.census.gov/epcd/www/naics.html).

    Nonmanufacturer rule means that a contractor under a small business 

set-aside or 8(a) contract shall be a small business under the 

applicable size standard and shall provide either its own produce or 

that of another domestic small business manufacturing or processing 

concern (see 13 CFR 121.406).

    Small business concern means a concern, including its affiliates, 

that is independently owned and operated, not dominant in the field of 

operation in which it is bidding on government contracts, and qualified 

as a small business under the criteria and size standards in 13 CFR part 

121 (see 19.102). Such a concern is not dominant in its field of 

operation when it does not exercise a controlling or major influence on 

a national basis in a kind of business activity in which a number of 

business concerns are primarily engaged. In determining whether 

dominance exists, consideration shall be given to all appropriate 

factors, including volume of business, number of employees, financial 

resources, competitive status or position, ownership or control of 

materials, processes, patents, license agreements, facilities, sales 

territory, and nature of business activity.

    Very small business concern means a small business concern--

    (1) Whose headquarters is located within the geographic area served 

by a designated SBA district; and

    (2) Which, together with its affiliates, has no more than 15 

employees and has



[[Page 346]]



average annual receipts that do not exceed $1 million.



[51 FR 2650, Jan. 17, 1986, as amended at 52 FR 38189, Oct. 14, 1987; 54 

FR 25062, June 12, 1989; 55 FR 3881, Feb. 5, 1990; 57 FR 60580, Dec. 21, 

1992; 60 FR 48260, Sept. 18, 1995; 61 FR 67410, Dec. 20, 1996; 62 FR 

236, Jan. 2, 1997; 62 FR 44820, 44822, Aug. 22, 1997; 63 FR 36122, July 

1, 1998; 63 FR 70268, Dec. 18, 1998; 63 FR 71723, Dec. 29, 1998; 64 FR 

10536, Mar. 4, 1999; 64 FR 36223, July 2, 1999; 65 FR 46056, July 26, 

2000; 65 FR 60544, Oct. 11, 2000; 66 FR 2129, Jan. 10, 2001; 68 FR 

28081, May 22, 2003]