[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: 13CFR121.702]



[Page 329-330]

 

                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 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.



[[Page 330]]



    (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.



[69 FR 70185, Dec. 3, 2004]