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Electronic Code of Federal Regulations

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e-CFR Data is current as of September 16, 2014

Title 13Chapter IPart 121


TITLE 13—Business Credit and Assistance

CHAPTER I—SMALL BUSINESS ADMINISTRATION

PART 121—SMALL BUSINESS SIZE REGULATIONS

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Subpart A—SIZE ELIGIBILITY PROVISIONS AND STANDARDS

Provisions of General Applicability

§121.101
What are SBA size standards?
§121.102
How does SBA establish size standards?
§121.103
How does SBA determine affiliation?
§121.104
How does SBA calculate annual receipts?
§121.105
How does SBA define “business concern or concern”?
§121.106
How does SBA calculate number of employees?
§121.107
How does SBA determine a concern's “primary industry”?
§121.108
What are the requirements for representing small business size status, and what are the penalties for misrepresentation?
§121.109
What must a concern do in order to be identified as a small business concern in any Federal procurement databases?

Size Standards Used To Define Small Business Concerns

§121.201
What size standards has SBA identified by North American Industry Classification System codes?

Size Eligibility Requirements For SBA Financial Assistance

§121.301
What size standards are applicable to financial assistance programs?
§121.302
When does SBA determine the size status of an applicant?
§121.303
What size procedures are used by SBA before it makes a formal size determination?
§121.304
What are the size requirements for refinancing an existing SBA loan?
§121.305
What size eligibility requirements exist for obtaining financial assistance relating to particular procurements?

Size Eligibility Requirements for Government Procurement

§121.401
What procurement programs are subject to size determinations?
§121.402
What size standards are applicable to Federal Government Contracting programs?
§121.403
Are SBA size determinations and NAICS code designations binding on parties?
§121.404
When is the size status of a business concern determined?
§121.405
May a business concern self-certify its small business size status?
§121.406
How does a small business concern qualify to provide manufactured products or other supply items under a small business set-aside, service-disabled veteran-owned small business set-aside, WOSB or EDWOSB set-aside, or 8(a) contract?
§121.407
What are the size procedures for multiple item procurements?
§121.408
What are the size procedures for SBA's Certificate of Competency Program?
§121.409
What size standard applies in an unrestricted procurement for Certificate of Competency purposes?
§121.410
What are the size standards for SBA's Section 8(d) Subcontracting Program?
§121.411
What are the size procedures for SBA's Section 8(d) Subcontracting Program?
§121.412
What are the size procedures for partial small business set-asides?
§121.413
[Reserved]

Size Eligibility Requirements for Sales or Lease of Government Property

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

Size Eligibility Requirements for the 8(a) Business Development Program

§121.601
What is a small business for purposes of admission to SBA's 8(a) Business Development program?
§121.602
At what point in time must a 8(a) BD applicant be small?
§121.603
How does SBA determine whether a Participant is small for a particular 8(a) BD subcontract?
§121.604
Are 8(a) BD Participants considered small for purposes of other SBA assistance?

Size and Eligibility Requirements for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs

§121.701
What SBIR and STTR programs are subject to size and eligibility determinations and what definitions are important?
§121.702
What size and eligibility standards are applicable to the SBIR and STTR programs?
§121.703
Are formal size determinations binding on parties?
§121.704
When does SBA determine the size and eligibility status of a business concern?
§121.705
Must a business concern self-certify its size and eligibility status?

Size Eligibility Requirements for Paying Reduced Patent Fees

§121.801
May patent fees be reduced if a concern is small?
§121.802
What size standards are applicable to reduced patent fees programs?
§121.803
Are formal size determinations binding on parties?
§121.804
When does SBA determine the size status of a business concern?
§121.805
May a business concern self-certify its size status?

Size Eligibility Requirements for Compliance With Programs of Other Agencies

§121.901
Can other Government agencies obtain SBA size determinations?
§121.902
What size standards are applicable to programs of other agencies?
§121.903
How may an agency use size standards for its programs that are different than those established by SBA?
§121.904
When does SBA determine the size status of a business concern?

Procedures for Size Protests and Requests for Formal Size Determinations

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

Appeals of Size Determinations and NAICS Code Designations

§121.1101
Are formal size determinations subject to appeal?
§121.1102
Are NAICS code designations subject to appeal?
§121.1103
What are the procedures for appealing a NAICS code or size standard designation?
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Subpart B—OTHER APPLICABLE PROVISIONS

Waivers of the Nonmanufacturer Rule for Classes of Products and Individual Contracts

§121.1201
What is the Nonmanufacturer Rule?
§121.1202
When will a waiver of the Nonmanufacturer Rule be granted for a class of products?
§121.1203
When will a waiver of the Nonmanufacturer Rule be granted for an individual contract?
§121.1204
What are the procedures for requesting and granting waivers?
§121.1205
How is a list of previously granted class waivers obtained?


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