[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR121.402]

[Page 208-209]
 
                               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 SIC code specified 
in the solicitation.
    (b) The procuring agency contracting officer, or authorized 
representative, designates the proper SIC code and size standard in a 
solicitation, selecting the SIC code which best describes the principal 
purpose of the product or service being acquired. Primary consideration 
is given to the industry descriptions in

[[Page 209]]

the SIC 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 SIC 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 a SIC code or size 
standard as provided in paragraph (d) of this section.
    (d) An unclear, incomplete or missing SIC 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 a 
SIC code designation or size standard designation may appeal the 
designations to OHA under part 134 of this chapter.