Interest on direct and SBA share of immediate participation loans is subject to a legislative formula, and is subject to change quarterly. The lender's interest on immediate and guaranty participation is the same as for regular business loans. Maturities of these loans are generally restricted to 10 years for working capital other than annual operating expenses and farm machinery and equipment and to the legislative limit of 15 years for real estate purposes. However, no borrower will receive a longer maturity than is necessary for the loan to be repaid from the business income. d. Loan Limits. These loans cannot exceed $100,000 SBA share, whether direct, immediate participation or guaranty. 22. Water Pollution Control Loans. a. Eligibility. Meet eligibility requirements set forth in SBA rules and regulations (13 CFR parts 120 and 123). covering their disaster (emergency) loan authority and FmHA's Business and Industrial Loan Program. 27. This Agreement may be amended at any time by written agreement of both parties. 28. This agreement shall take effect upon the date of execution thereof. Mitchell P. Kobelinski. Administrator, SBA. Dated: September 2, 1976. Frank B. Elliott, Administrator, FmHA. Dated: September 20, 1976. PART 121-SMALL BUSINESS SIZE REGULATIONS Subpart A-Size Eligibility Provisions and Standards STATUTORY PROVISIONS Must have a statement from EPA of the necessity and adequacy. Must show evidence of substantial economic injury. b. Loan Purposes. Only to make modifications and changes necessary to meet the Federal standards established under the Federal Water Pollution Control Act or State standards established in compliance with the Federal Water Pollution Control Act. c. Terms. Interest rate same as for Regular Business Loans. Maturity not to exceed 30 years. d. Loan Limits. No dollar limit. 23. Other Substantial Economic Injury Programs. The SBA has loan authority to aid small businesses that suffer substantial economic injury as a result of a Federal action or Federally directed action, such as Occupational Health and Safety regulations, Air Pollution Control regulations or being displaced by a Federally financed construction project. These programs are more completely described in 13 CFR part 123. Administrative Guidelines 24. The services of FmHA and SBA to lenders and applicants are, by mutual agreement, those that each agency would provide any eligible applicant in the normal course of business and there will be no reimbursement by either agency to the other for such services. 25. The National Office of FmHA and the Central Office of SBA will cooperate with each other in counseling their field offices and in resolving problems in specific cases. 26. This Memorandum of Understanding in no way alters or supersedes the existing Memorandums between the two agencies Establishment of the size standard. 121.803 Time at which size is determined. 121.804 Procedures prior to a formal size determination. 121.805 Business loan to refinance existing loan. 121.806 Size eligibility for business loans relating to particular procurements. SIZE ELIGIBILITY FOR GOVERNMENT 121.901 Programs covered. 121.902 Establishment of the size standard. 121.903 Binding size determinations. 121.904 Time at which size is determined. 121.905 Self-certification. 121.906 Manufactured products under small business set-aside procurements. 121.907 Multiple item procurements. 121.908 Size procedures under SBA's Certificate of Competency Program. 121.909 Manufactured products in an unrestricted procurement for Certificate of Competency purposes. 121.910 Size standards under SBA's Section 8(d) Subcontracting Program. 121.911 Size procedures under SBA's Section 8(d) Subcontracting Program. SIZE ELIGIBILITY FOR SALES OR LEASE OF 121.1001 Programs covered. Sales of Government owned timber other than Special Salvage Timber Sales (SSTS). 121.1007 Special Salvage Timber Sales (SSTS). 121.1008 Leasing Government land for coal mining. 121.1009 Leasing of Government land for uranium mining. 121.1010 Sales of Government owned petroleum. 121.1011 Stockpile purchases. 121.1012 Sale or lease of Government property other than property subject to §§ 121.1006 through 121.1011. 121.1013 Natural Resources Program. Development § 121.102 Authority to set size standards. Sections 3(a) and 5(b)(6) of the Small Business Act, 15 U.S.C. 632(a) and 634(b)(6), authorize the Small Business Administration (SBA) to determine which business enterprises are to be designated small business concerns within any industry. GENERAL PROVISIONS § 121.201 Purpose of the SBA Size Program. (a) To implement statutory policy, Congress established the Small Business Administration (SBA) in 1953 and gave it the responsibility to administer a range of programs designed to achieve specified economic goals. Generally, eligibility for assistance under SBA programs requires that a firm be small. In addition, other Federal agencies may implement programs for which a small size is an eligibility criterion. Both the actual setting of size standards (i.e., the size specification of small) and the determination of which concerns fall within these standards and accordingly qualify as small are powers authorized to the Administrator of the SBA. (b) Federal assistance should not be regarded as permanent nor as the primary source of a firm's receipts. It should be used to assist a firm to compete in the regular business world, without becoming dependent on continuing Government aid. Small businesses should plan for the day when they can compete without assistance. § 121.202 General outline of SBA's Size Program. The basic operation of SBA's Size Program is as follows: (a) SBA establishes the appropriate size standards applicable to particular Standard Industrial Classification (SIC) codes (see § 121.601). (b) SBA determines which concerns qualify as small under the appropriate size standard. This process often includes a self-certification procedure by which a concern certifies its size eligi bility and may involve a protest or re quest for a formal size determination (see §§ 121.1601 through 121.1608 for the procedures concerning size protests and requests for formal size determinations). This process is separately explained for each assistance program (see §§ 121.801 through 121.1505). (c) An adversely affected concern or other interested party may obtain a review of the size determination by SBA's Office of Hearings and Appeals (see §§ 121.1701 through 121.1722). § 121.203 Notification by concern of adverse size determination. If a concern has been determined by SBA to be ineligible as a small business under a particular size standard, and it has already certified itself to be a small business on a pending Government procurement or on another assistance application, subject to the same or a lower size standard, it shall immediately notify the contracting officer or the appropriate Government official of such adverse size determination. (See § 121.1607 Recertification Procedure.) for the § 121.204 Effect of adverse size determination and recertification. If SBA has made a formal size determination that a particular concern is not small, the concern will be deemed ineligible within such applicable size standard for any assistance under the Small Business Act, the Small Business Investment Act of 1958 or other applicable law, unless it is thereafter recertified by SBA as a small business. A change in circumstances may provide a basis for an application for recertification. (See §§ 121.1606(h) and 121.1607 for specific provisions as to the effect of and procedures for recertification.) § 121.205 Effective date. The provisions set forth in this regulation shall be effective January 1, 1990. Except as related to non-competitive 8(a) contracts, these provisions will apply to any solicitation issued on or after the effective date of the regulation. The provisions of this regulation will also apply to any non-competitive requirement offered for the 8(a) program which has been accepted by SBA subsequent to the effective date of these regulations. This regulation will apply to any application for financial assistance, including an application for participation in the 8(a) program, received by SBA on or after the effective date. FUNCTIONS AND RESPONSIBILITIES OF SBA OFFICES § 121.301 Size Standards Staff. (a) SBA's Size Standards Staff shall: (1) Develop and recommend small business size standards; (2) Consider and take appropriate action on written requests to change existing size standards or establish new size standards; (3) Conduct industry hearings pertaining to size standards, when necessary; (4) Perform other related functions (e.g., industry studies) as may be appropriate to administer the SBA size standards program. (b) Requests to change the existing or establish new size standards should be addressed to the Director, Size Standards Staff, 1441 L Street NW., Washington DC 20416. These requests should include information relative to the economic conditions and structure of the entire national industry, as well as specific reasons and justifications for the change or new size standard. Any request to change an existing size standard should provide information concerning the effect such a change would have on the Federal procurement process and information demonstrating how the proposed change would promote the purposes of the Small Business Act (15 U.S.C. 631 et seq.). (c) If no size standard for an industry has been established in this Part, then SBA, upon request, may issue a temporary size standard for the industry in interim question by publishing an emergency rule in the FEDERAL REGISTER with an opportunity for public comment in accordance with the Administrative Procedure Act. 5 U.S.C. 553 (1976). § 121.302 Office of General Counsel. The Office of General Counsel shall: (a) Develop, coordinate, and recommend regulations and procedures to assist in implementing the size standards; |