Small Business Size Regulations

Code of Federal Regulations
Title 13, Volume 1
Revised as of January 1, 2003
Part 121 - Small Business Size Regulations

Subpart A - Size Eligibility Provisions and Standards
Provisions of General Applicability
Sec. 121.101	What are SBA size standards?
Sec. 121.102	How does SBA establish size standards?
Sec. 121.103	What is affiliation?
Sec. 121.104	How does SBA calculate annual receipts?
Sec. 121.105	How does SBA define "business concern or concern"?
Sec. 121.106	How does SBA calculate number of employees?
Sec. 121.107	How does SBA determine a concern's "primary industry"?
Sec. 121.108	What are the penalties for misrepresentation of size status?

Size Standards Used To Define Small Business Concerns
Sec. 121.201	What size standards has SBA identified by North American Industry Classification System codes?

Size Eligibility Requirements For SBA Financial Assistance
Sec. 121.301	What size standards are applicable to financial assistance programs?
Sec. 121.302	When does SBA determine the size status of an applicant?
Sec. 121.303	What size procedures are used by SBA before it makes a formal size determination?
Sec. 121.304	What are the size requirements for refinancing an existing SBA loan?
Sec. 121.305	What are the size requirements for refinancing an existing SBA loan?

Size Eligibility Requirements for Government Procurement
Sec. 121.401	What size standards are applicable to financial assistance programs?
Sec. 121.402	What size standards are applicable to procurement assistance programs?
Sec. 121.403	Are SBA size determinations and NAICS code designations binding on parties?
Sec. 121.404	When does SBA determine the size status of a business concern?
Sec. 121.405	May a business concern self-certify its small business size status?
Sec. 121.406	How does a small business concern qualify to provide manufactured products under small business set-aside or MED procurements?
Sec. 121.407	What are the size procedures for multiple item procurements?
Sec. 121.408	What are the size procedures for SBA's Certificate of Competency Program?
Sec. 121.409	What size standard applies in an unrestricted procurement for Certificate of Competency purposes?
Sec. 121.410	What are the size standards for SBA's Section 8(d) Subcontracting Program?
Sec. 121.411	What are the size procedures for SBA's Section 8(d) Subcontracting Program?
Sec. 121.412	What are the size procedures for partial small business set-asides?
Sec. 121.413	What size must a concern be to be eligible for the Very Small Business program?

Size Eligibility Requirements for Sales or Lease of Government Property
Sec. 121.501	What programs for sales or leases of Government property are subject to size determinations?
Sec. 121.502	What size standards are applicable to programs for sales or leases of Government property?
Sec. 121.503	Are SBA size determinations binding on parties?
Sec. 121.504	When does SBA determine the size status of a business concern?
Sec. 121.505	What is the effect of a self-certification?
Sec. 121.506	What definitions are important for sales or leases of Government-owned timber?
Sec. 121.507	What are the size standards and other requirements for the purchase of Government-owned timber (other than Special Salvage Timber)?
Sec. 121.508	What are the size standards and other requirements for the purchase of Government-owned Special Salvage Timber?
Sec. 121.509	What is the size standard for leasing of Government land for coal mining?
Sec. 121.510	What is the size standard for leasing of Government land for uranium mining?
Sec. 121.511	What is the size standard for buying Government-owned petroleum?
Sec. 121.512	What is the size standard for stockpile purchases?

Size Eligibility Requirements for the Minority Enterprise Development (MED) Program
Sec. 121.601	What is a small business for purposes of admission to SBA's Minority Enterprise Development (MED) program?
Sec. 121.602	At what point in time must a MED applicant be small?
Sec. 121.603	How does SBA determine whether a Participant is small for a particular MED subcontract?
Sec. 121.604	Are MED Participants considered small for purposes of other SBA assistance?

Size Eligibility Requirements for the Small Business Innovation Research (SBIR) Program
Sec. 121.701	What SBIR programs are subject to size determinations?
Sec. 121.702	What size standards are applicable to the SBIR program?
Sec. 121.703	Are formal size determinations binding on parties?
Sec. 121.704	When does SBA determine the size status of a business concern?
Sec. 121.705	Must a business concern self-certify its size status?

Size Eligibility Requirements for Paying Reduced Patent Fees
Sec. 121.801	May patent fees be reduced if a concern is small?
Sec. 121.802	What size standards are applicable to reduced patent fees programs?
Sec. 121.803	Are formal size determinations binding on parties?
Sec. 121.804	When does SBA determine the size status of a business concern?
Sec. 121.805	May a business concern self-certify its size status?

Size Eligibility Requirements for Compliance With Programs of Other Agencies
Sec. 121.901	Can other Government agencies obtain SBA size determinations?
Sec. 121.902	What size standards are applicable to programs of other agencies?
Sec. 121.903	How may an agency use size standards for its programs that are different than those established by SBA?
Sec. 121.904	When does SBA determine the size status of a business concern?

Procedures for Size Protests and Requests for Formal Size Determinations
Sec. 121.1001	Who may initiate a size protest or request a formal size determination?
Sec. 121.1002	Who makes a formal size determination?
Sec. 121.1003	Where should a size protest be filed?
Sec. 121.1004	What time limits apply to size protests?
Sec. 121.1005	How must a protest be filed with the contracting officer?
Sec. 121.1006	When will a size protest be referred to an SBA Government Contracting Area Office?
Sec. 121.1007	Must a protest of size status relate to a particular procurement and be specific?
Sec. 121.1008	What happens after SBA receives a size protest or a request for a formal size determination?
Sec. 121.1009	What are the procedures for making the size determination?
Sec. 121.1010	How does a concern become recertified as a small business?

Appeals of Size Determinations and NAICS Code Designations
Sec. 121.1101	Are formal size determinations subject to appeal?
Sec. 121.1102	Are NAICS code designations subject to appeal?
Sec. 121.1103	What are the procedures for appealing an NAICS code designation?

Subpart B - Other Applicable Provisions
Waivers of the Nonmanufacturer Rule for Classes of Products and Individual Contracts
Sec. 121.1201	What is the Nonmanufacturer Rule?
Sec. 121.1202	When will a waiver of the Nonmanufacturer Rule be granted for a class of products?
Sec. 121.1203	When will a waiver of the Nonmanufacturer Rule be granted for an individual contract?
Sec. 121.1204	What are the procedures for requesting and granting waivers?
Sec. 121.1205	How is a list of previously granted class waivers obtained?