[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR121.402]

[Page 335-336]
 
                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.

[[Page 336]]

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]