[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: 13CFR121.402]



[Page 322]

 

                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. 121.402  What size standards are applicable to Federal Government 

Contracting programs?



    (a) A concern must not exceed the size standard for the NAICS code 

specified in the solicitation. The contracting officer must specify the 

size standard in effect on the date the solicitation is issued. If SBA 

amends the size standard and it becomes effective before the date 

initial offers (including price) are due, the contracting officer may 

amend the solicitation and use the new size standard.

    (b) The procuring agency contracting officer, or authorized 

representative, designates the proper NAICS code and size standard in a 

solicitation, selecting the NAICS code which best describes the 

principal purpose of the product or service being acquired. Primary 

consideration is given to the industry descriptions in the NAICS United 

States Manual, the product or service description in the solicitation 

and any attachments to it, the relative value and importance of the 

components of the procurement making up the end item being procured, and 

the function of the goods or services being purchased. Other factors 

considered include previous Government procurement classifications of 

the same or similar products or services, and the classification which 

would best serve the purposes of the Small Business Act. A procurement 

is usually classified according to the component which accounts for the 

greatest percentage of contract value. Procurements for supplies must be 

classified under the appropriate manufacturing NAICS code, not under the 

wholesale trade NAICS code.

    (c) The NAICS code assigned to a procurement and its corresponding 

size standard is final unless timely appealed to SBA's Office of 

Hearings and Appeals (OHA), or unless SBA assigns an NAICS code or size 

standard as provided in paragraph (d) of this section.

    (d) An unclear, incomplete or missing NAICS code designation or size 

standard in the solicitation may be clarified, completed or supplied by 

SBA in connection with a formal size determination or size appeal.

    (e) Any offeror or other interested party adversely affected by an 

NAICS code designation or size standard designation may appeal the 

designations to OHA under part 134 of this chapter.



[61 FR 3286, Jan. 31, 1996, as amended at 65 FR 30863, May 15, 2000; 69 

FR 29205, May 21, 2004]