Subpart A. Subpart A—Size Eligibility Provisions and Standards

• Provisions of General Applicability

  • SECTION § 121.101 - What are SBA size standards?
  • SECTION § 121.102 - How does SBA establish size standards?
  • SECTION § 121.103 - How does SBA determine affiliation?
  • SECTION § 121.104 - How does SBA calculate annual receipts?
  • SECTION § 121.105 - How does SBA define “business concern or concern”?
  • SECTION § 121.106 - How does SBA calculate number of employees?
  • SECTION § 121.107 - How does SBA determine a concern's “primary industry”?
  • SECTION § 121.108 - What are the penalties for misrepresentation of size status?
  • SECTION § 121.109 - What is a small business status advisory opinion?
  • SECTION § 121.110 - 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

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

• Size Eligibility Requirements For SBA Financial Assistance

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

• Size Eligibility Requirements for Government Procurement

  • SECTION § 121.401 - What procurement programs are subject to size determinations?
  • SECTION § 121.402 - What size standards are applicable to Federal Government Contracting programs?
  • SECTION § 121.403 - Are SBA size determinations and NAICS code designations binding on parties?
  • SECTION § 121.404 - When is the size status of a business concern determined?
  • SECTION § 121.405 - May a business concern self-certify its small business size status?
  • SECTION § 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, HUBZone, WOSB or EDWOSB, or 8(a) contract?
  • SECTION § 121.407 - What are the size procedures for multiple item procurements?
  • SECTION § 121.408 - What are the size procedures for SBA's Certificate of Competency Program?
  • SECTION § 121.409 - What size standard applies in an unrestricted procurement for Certificate of Competency purposes?
  • SECTION § 121.410 - What are the size standards for SBA's Section 8(d) Subcontracting Program?
  • SECTION § 121.411 - What are the size procedures for SBA's Section 8(d) Subcontracting Program?
  • SECTION § 121.412 - What are the size procedures for partial small business set-asides?

• Size Eligibility Requirements for Sales or Lease of Government Property

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

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

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

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

• Size Eligibility Requirements for Paying Reduced Patent Fees

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

• Size Eligibility Requirements for Compliance With Programs of Other Agencies

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

• Procedures for Size Protests and Requests for Formal Size Determinations

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

• Appeals of Size Determinations and NAICS Code Designations

  • SECTION § 121.1101 - Are formal size determinations subject to appeal?
  • SECTION § 121.1102 - Are NAICS code designations subject to appeal?
  • SECTION § 121.1103 - What are the procedures for appealing a NAICS code or size standard designation?