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e-CFR data is current as of November 27, 2020

Amendment


13 CFR--PART 121

View Printed Federal Register page 85 FR 66180 in PDF format.

Amendment(s) published October 16, 2020, in 85 FR 66180

Effective Dates: Nov. 16, 2020

3. Amend §121.402 by revising the first sentence of paragraph (b)(2), and paragraphs (c)(1)(i), (c)(2)(i), and (e) to read as follows:

§121.402   What size standards are applicable to Federal Government Contracting programs?

*   *   *   *   *

(b) *  *  *

(2) A procurement is generally classified according to the component which accounts for the greatest percentage of contract value. *  *  *

(c) *  *  *

(1) *  *  *

(i) Assign the solicitation a single NAICS code and corresponding size standard which best describes the principal purpose of the acquisition as set forth in paragraph (b) of this section, only if the NAICS code will also best describe the principal purpose of each order to be placed under the Multiple Award Contract; or

*   *   *   *   *

(2) *  *  *

(i) The contracting officer must assign a single NAICS code for each order issued against a Multiple Award Contract. The NAICS code assigned to an order must be a NAICS code included in the underlying Multiple Award Contract. When placing an order under a Multiple Award Contract with multiple NAICS codes, the contracting officer must assign the NAICS code and corresponding size standard that best describes the principal purpose of each order. In cases where an agency can issue an order against multiple SINs with different NAICS codes, the contracting officer must select the single NAICS code that best represents the acquisition. If the NAICS code corresponding to the principal purpose of the order is not contained in the underlying Multiple Award Contract, the contracting officer may not use the Multiple Award Contract to issue that order.

*   *   *   *   *

(e) When a NAICS code designation or size standard in a solicitation is unclear, incomplete, missing, or prohibited, SBA may clarify, complete, or supply a NAICS code designation or size standard, as appropriate, in connection with a formal size determination or size appeal.

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