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(Finishing of thread is defined as all “dyeing, bleaching, glazing, mildew proofing, coating, waxing, and other applications required by the pertinent specification, but excluding mercerizing, spinning, throwing, or twisting operations.") If the procurement is for a refined petroleum product, other than a product classified in Standard Industrial Classification Industries No. 2951, Paving mixtures and blocks, No. 2952, Asphalt felts and coatings, No. 2992, Lubricating oils and greases, or No. 2999, Products of petroleum and coal, not elsewhere classified, paragraph (i) of this section is for application. (“Nonmanufacturer" means any concern which in connection with a specific Government procurement contract, other than a construction or service contract, does not manufacture or produce the products required to be furnished by such procurement. Nonmanufacturer includes a concern which can manufacture or produce the products referred to in the specific procurement but does not do so in connection with that procurement.)
(e) Research, development, and testing. Any concern bidding on a contract for research, development, and/or testing is classified:
(1) As small if it is bidding on a contract for research and/or development which requires delivery of a manufactured product and (i) it qualifies as a small business manufacturer within the meaning of § 1-1.701-1(c) for the industry into which the product is classified, or (ii) it qualifies as a small business nonmanufacturer within the meaning of § 1-1.701-1(d).
(2) As small if it is bidding on a contract for research and/or development which does not require delivery of a manufactured product or on a contract for testing and its number of employees does not exceed 500 persons.
(f) Services. Any concern bidding on a contract for services is classified:
(1) As small if it is bidding on a contract for services not otherwise defined in this 1-1.701-1 and its average annual sales or receipts for its preceding three fiscal years do not exceed $1,000,000 ($1,250,000 if the concern is located in Alaska).
(2) As small if it is bidding on a contract for engineering services other than marine engineering services and its average annual sales or receipts for the preceding 3 fiscal years do not exceed $5
million ($6,250,000 if the concern is located in Alaska).
(3) As small if it is bidding on a contract for motion picture production or motion picture services and its average annual sales or receipts for its preceding three fiscal years do not exceed $5,000,000 $6,250,000 if the concern is located in Alaska).
(4) As small if it is bidding on a contract for janitorial and custodial services and its average annual sales or receipts for its preceding 3 fiscal years do not exceed $3 million ($3,750,000 if the concern is located in Alaska).
(5) As small if it is bidding on a contract for base maintenance and its average annual sales or receipts for its preceding 3 fiscal years do not exceed $5 million ($6,250,000 if the concern is located in Alaska).
(6) As small if it is bidding on a contract for naval architectural and marine engineering services and its average annual sales or receipts for its preceding 3 fiscal years do not exceed $6 million ($7,500,000 if the concern is located in Alaska).
(7) As small if it is bidding on a contract for marine cargo handling services and its annual sales or receipts for its preceding 3 fiscal years do not exceed $5 million ($6,250,000 if the concern is located in Alaska).
(g) Transportation. Any concern bidding on a contract for passenger or freight transportation, not elsewhere defined in this section, is classified:
(1) As small if its number of employees does not exceed 500 persons.
(2) As small if it is bidding on a contract for air transportation and its number of employees does not exceed 1,000 persons.
(3) As small if it is bidding on a contract for trucking (local and long distance), warehousing, packing and crating, and/or freight forwarding, and its annual receipts do not exceed $3,000,000 (except that if the concern is located in Alaska, such receipts do not exceed $3,750,000). No concern will be denied small business status for the purpose of Government procurement solely because of its contractual relationship with a large interstate van line, provided that its annual receipts have not exceeded $3,000,000 during the concern's most recently completed fiscal year and provided further no more than 50 percent of such annual receipts are directly at
2812 2813 2815
Alkalies and chlorine....
ates, and organic pigments
(lakes and toners)-----------Inorganic pigments... Industrial organic chemicals.
not elsewhere classified... Industrial inorganic chemicals.
not elsewhere classified.---Plastics materials, synthetic
resins, and nonvulcanizable
elastomers.--.. Synthetic rubber (vulcanizable
elastomers)-----Cellulose man-made fibers.. Synthetic organic fi bers, except
cellulosesic.... Medicinal chemicals and bo
tanical products..--Pharmaceutical preparations... Soap and other detergents,
except specialty cleaners... Explosives...
1925 Guided missiles and space ve
hicles, completely assembled.
Tanks and tank components.-1951 | Small arms..--1961 Small arms ammunition.--
1,000 1,000 1,000 1,000
2822 2823 2824 2833 2834 2841 2892
MAJOR GROUP 20--FOOD AND KINDRED PRODUCTS
2032 Canned specialties.--2043 Cereal preparations.-2046 Wet corn milling ----2052 Biscuit, crackers, and pretzels.. 2062 Cane sugar refining-..-2063 Beet sugar.---2085 | Distilled, rectified, and
blended liquors.... 2093 Vegetable oil mills, except cot
tonseed and soybean..
MAJOR GROUP 30-RUBBER AND MISCELLANEOUS PLASTIC
MAJOR GROUP 22 TEXTILE MILL PRODUCTS
Tires and inner tubes...
pneumatic tires (casings)... Truck and bus (and off-the
road) pneumatic tires.-----Rubber footwear... Reclaimed rubber...---
MAJOR GROUP 32-STONE, CLAY, AND GLASS PRODUCTS
3211 | Flat glass.com
------3 (11,000 3221 Glass containers.------3229 Pressed and blown glass and TriOS E
glassware, not elsewhere clas- ()
sified..---3241 Cement, hydraulic --
i fo750 3261 Vitreous china plumbing fixo aiit ni
tures and china, and earthen- |
- 750 3275 1 Gypsum products..
1,000 3292 Asbestos products.. 3296 Mineral wool.--.
- ------15 as 750 3297 | Nonclay refractories
2631 2646 2654 2661
See footnotes at end of table.
See footnotes at end of table.
750 750 750
3612 Power, distribution, and spe
cialty transformers... 3613 Switchgear and switchboard
apparatus---------3621 Motors and generators... 3622 Industrial controls...-3624 Carbon and graphite products. 3631 Household cooking equipment. 3632 Household refrigerators and
home and farm freezers..--3633 Household laundry equipment. 3634 Electric housewares and fans.-3635 Household vacuum cleaners.. 3636 Sewing machines.... 3641 Electric lamps...----
Radio and television receiving
sets, except communication
types..-----3652 Phonograph records.. 3661 Telephonē and telegraph ap
paratus..... 3662 Radio and television trans
mitting, signaling, and detection equipment and appa
ratus.-----3671 1 Radio and television receiving
type electron tubes, except
cathode ray..-------3672 Cathode ray picture tubes...-3673 Transmitting, industrial, and
special purpose electron tubes. 3692 Primary batteries, dry and wet. 3694 Electrical equipment for in
ternal combustion engines --
3334 | Primary production of alumi
num.-.3339 Primary smelting and refining
of nonferrous metals, not else
where classified... Rolling, drawing, and extrud
ing of copper.-------3352 Rolling, drawing, and extrud
ing of aluminum... 3356 Rolling, drawing, and extrud
ing of nonferrous metals, ex
cept copper and aluminum 3357 Drawing and insulating of non
ferrous wire... 3399 Primary metal industries, not
MAJOR GROUP 34-FABRICATED METAL PRODUCTS, EXCEPT
ORDNANCE, MACHINERY, AND TRANSPORTATION EQUIPMENT
1.11 3511 | steam engines, steam, gas and
hydraulic turbines; and
steam gas, and hydraulic 2013
turbine generator set units... 3519 | Internal combustion engines,
not elsewhere classified.. 1 3531 | Construction machinery and
* 231 equipment.------ --------
3562 Ball and roller bearings.---
3571 Computing and accounting | ZIT 9:10
machines, including cash
registers..-------------------3572 Typewriters.... 3585 Refrigerators, refrigeration ma
chinery, except household; and complete air conditioning units.
Linoleum, asphalted-felt-base, and other hard surface floor coverings, not elsewhere classified.------
1 The "number of employees" means the average employment of any concern and its affiliates based on the number of persons employed during the pay period en ding nearest the last day of the 3d month in each calendar quarter for the preceding 4 quarters.
2 The size standards for SIC 30111, 30112. and 37171 are set forth in $$ 1-1.701-1(c)(2) and 1-1.701-1(c)(5).
See footnotes 3, 4, 5, and 6 on following page.
(i) Refined petroleum products. Any meet the requirement in subdivision (iii) concern bidding on a contract for a re- of this subparagraph: And provided furfined petroleum product other than a ther, That the exchange of products for product classified in Standard Industrial products to be delivered to the GovernClassification Industries No. 2951, Paving ment, will be completed within 90 days mixture and blocks, No. 2952, Asphalt after expiration of the delivery period felts and coatings, No. 2992, Lubricating under the Government contract; or (2) oils and greases, or No. 2999, Products of its number of employees does not exceed petroleum and coal, not elsewhere classi 500 persons and the product to be defied, is classified as small if (1) (i) its livered to the Government has been renumber of employees does not exceed fined by a concern which qualifies under 1,000 persons; (ii) it does not have more subparagraph (1) (i) of this paragraph. than 30,000 barrels-per-day crude oil or (“Bona fide feed stocks” means crude bona fide feed stock capacity from owned and any other hydrocarbon material acor leased facilities; and (iii) the product tually charged to refinery processing to be delivered in the performance of the units, as distinguished from materials contract will contain at least 90 percent used as components in products to be components refined by the bidder from delivered after merely filtering, settling, either crude oil or bona fide feed stocks: or blending.) Provided, however, That a petroleum re [29 F.R. 10104, July 24, 1964, as amended at fining concern which meets the require 30 F.R. 9590, July 31, 1965; 32 F.R. 2624, ments in subdivisions (i) and (ii) of this Feb. 8, 1967] subparagraph may furnish the product 81_) 701_2
§ 1-1.701-2 Affiliates. of a refinery not qualified as small business if such product is obtained pursuant
Business concerns are affiliates of each to a bona fide exchange agreement, in
other when either directly or indirectly effect on the date of the bid or offer,
(a) one concern (other than an investbetween the bidder or offeror and the
ment company licensed under the Small refiner of the product to be delivered to
Business Investment Act of 1958 or regthe Government which requires ex
istered under the Investment Company changes in a stated ratio on a refined
Act of 1940, as amended), controls or
has the power to control the other, or (b) petroleuin product for a refined petro
a third party or parties (other than an leum product basis, and precludes a
investment company licensed under the monetary settlement, and that the prod
Small Business Investment Act of 1958 ucts exchanged for the products offered
or registered under the Inyestment Comand to be delivered to the Government
pany Act of 1940, as amended), controls
or has the power to control both. In deFootnotes continued from previous page.
termining whether concerns are inde8 The three Standard Industrial Classification industries (3711, 3712, and 3714) have been combined because
pendently owned and operated and of a major problem of defining the reporting unit in terms whether affiliation exists, consideration of these industries. This difficulty arises from the fact
shall be given to all appropriate factors, that many large establishments have integrated operations which include the production of parts or bodies and including common ownership, common the assembly of complete vehicles at the same location.
management, and contractual relation4 Includes maintenance as defined in the Federal Aviation Regulations (14 CFR 1.1) but excludes contracts ships: Provided, however, That resolely for preventive maintenance as defined in 14 CFR
straints imposed on a franchisee by its 1.1. As defined in the Federal Aviation Regulations: “ 'Maintenance' means inspection, overhaul, repair,
franchise agreement shall not be conpreservation, and the replacement of parts, but excludes sidered in determining whether the preventive maintenance." " "Preventive maintenance' means simple or minor
franchisor controls or has the power to preservation operations and the replacement of small control and, therefore, is affiliated with standard parts not involving complex assembly opera
the franchisee, if the franchisee has the tions."
6 Guided missile engines and engine parts are classified right to profit from his effort, commenin SIC 3722. Missile control systems are classified in SIC 3662.
surate with ownership, and bears the risk o Shipbuilding and repairing industry includes estab
of loss or failure. lishments primarily engaged in building and repairing all types of ships, barges, canal boats, and lighters, of (32 F.R. 2626, Feb. 8, 1967) 5 gross tons and over, whether propelled by sail or motor power or towed by other craft. Establishments pri § 1-1.701–3 Dominance in field of marily engaged in fabrication or repairing structural
operation. assemblies or components for ships, or subcontractors engaged in ship painting, joinery, carpentry work, A concern "is not dominant in its field electrical wiring installation, etc., are not included. The size standard for boatbuilding and repairing (establish
of operation" when it does not exercise ments primarily engaged in building and repairing all
a controlling or major influence in a types of boats, except rubber boats, under 5 gross tons is 500.
kind of business activity in which a
number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents and license agreements, facilities, sales territory, and nature of business activity. § 1-1.701–4 Small business Government
subcontractors. (a) Any concern, in connection with subcontracts of $2,500 or less which relate to Government procurement, will be considered a small business concern if, including its affiliates, its number of employees does not exceed 500 persons.
(b) Any concern, in conneciton with subcontracts exceeding $2,500 which relate to Government procurement, will be considered a small business concern if it qualifies as such under § 1-1.701-1. § 1-1.701–5 Number of employees.
In connection with the determination of small business status, “number of employees" means the average employment of any concern, including the employees of its domestic and foreign affiliates, based on the number of persons employed on a full time, part time, temporary, or other basis during the pay period ending nearest the last day of the third month in each calendar quarter for the preceding four quarters. If a concern has not been in existence for four full calendar quarters, “number of employees” means the average employment of such concern and its affiliates during the period such concern has been in existence based on the number of persons employed during the pay period ending nearest the last day of each month. § 1-1.701-6 Industry.
"Industry” means a grouping of establishments primarily engaged in similar lines of activity as listed and described in the Standard Industrial Classification Manual (and the 1963 supplement thereto) prepared and published by the Bureau of the Budget, Executive Office of the President. § 1-1.701-7 Certificate of competency.
A “certificate of competency” means a certificate issued by SBA pursuant to the authority contained in the Small Business Act (15 U.S.C. 637(b) (7)) stating that the holder of the certificate
is competent as to capacity and credit to perform a specific Government procurement contract. (Also see § 1-1.708.) § 1-1.701-8 Set-aside for small business.
A set-aside for small business is the act of reserving the entire amount (total set-aside) or a portion (partial setaside) of a procurement for the exclusive participation of small business concerns. Set-asides may be made for individual items or for classes of items (class set-asides). § 1-1.701-9 Small business restricted
advertising. Small business restricted advertising is a special method of negotiated procurement conducted in the same manner as for formal advertising, except that competition and awards are restricted to small business concerns. $ 1-1.701–10 Base maintenance.
"Base maintenance" means furnishing at an installation within the several States, Puerto Rico, Virgin Islands, or the District of Columbia three or more of the following services: Janitorial and custodial services, protective guard seryices, commissary services, fire prevention services, refuse collection services, safety engineering services, messenger services, grounds maintenance and landscaping services, and air-conditioning and refrigeration maintenance; Provided, however, That whenever the contracting officer determines prior to the issuance of bids that the estimated value of one of the foregoing services constitutes more than 50 percent of the estimated value of the entire contract, the contract shall not be classified as base maintenance but in the industry in which such seryice is classified. [32 F.R. 2626, Feb. 8, 1967) § 1-1.702 Small business policies.
(a) General policy. It is the policy of the Government to aid, counsel, assist, and protect, insofar as possible, the interests of small business concerns in order to preserve free competitive enterprise; and to place with small business concerns a fair proportion of the total Government purchases and contracts for property and services (including contracts for maintenance, repair, construction, and research and development).
(b) Specific policies. The following specific small business policies shall be