[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR121.402]

[Page 314-315]
 
                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 procurement 
assistance programs?

    (a) A concern must meet the size standard for the NAICS code 
specified in the solicitation.
    (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

[[Page 315]]

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. A procurement is usually classified according 
to the component which accounts for the greatest percentage of contract 
value.
    (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]