[Code of Federal Regulations]

[Title 13, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 13CFR121.303]



[Page 321]

 

                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. 121.303  What size procedures are used by SBA before it makes a 

formal size determination?



    (a) A concern that submits an application for financial assistance 

is deemed to have certified that it is small under the applicable size 

standard. SBA may question the concern's status based on information 

supplied in the application or from any other source.

    (b) A small business investment company, a development company, a 

surety bond company, or a preferred lender may accept as true the size 

information provided by an applicant, unless credible evidence to the 

contrary is apparent.

    (c) Size is initially considered by the individual with final 

financial assistance authority. This is not a formal size determination. 

A formal determination may be requested prior to a denial of eligibility 

based on size.

    (d) An applicant may request a formal size determination when 

assistance has been denied for size ineligibility. Except for disaster 

loan eligibility, a request for a formal size determination must be made 

to the Government Contracting Area Director serving the area in which 

the headquarters of the applicant is located, regardless of the location 

of the parent company or affiliates. For disaster loan assistance, the 

request for a size determination must be made to the Area Director for 

the Disaster Area Office which denied the assistance.

    (e) There are no time limitations for making a formal size 

determination for purposes of financial assistance. The official making 

the formal size determination must provide a copy of the determination 

to the applicant, to the requesting SBA official, and to other 

interested SBA program officials.