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to) index provides an alphabetic listing of products and the industry with which the product is associated, which includes references to the Classification Code set forth below.

MAJOR GROUP 19-ORDNANCE AND ACCESSORIES Classi.

Employment size fication

standard (number code

Industry

of employees) 1 1925 Guided missiles and space vehicles, completely assembled...

SU V IUU. ---- -----------------1931 Tanks and tank components.-------------- 1000 1951 Small arms.-.--.. 1961 Small arms ammunition..--------- 1000

MAJOR GROUP 20—FOOD AND KINDRED PRODUCTS 2032 Canned specialties......

1000 2043 Cereal preparations...

1000 2046 Wet corn milling ...

750 2052 Biscuit, crackers, and pretzels.. 2062 Cane sugar refining.------

750 2063 Beet sugar..---------2085 Distilled, rectified, and blended liquors.... 2093 Vegetable oil mills, except cottonseed and

soybean..-----
2096 Shortening, table oils, margarine and other

edible fats and oils, not elsewhere classi-
fied...

--------MAJOR GROUP 21—TOBACCO MANUFACTURERS 2111 Cigarettes..------------------------------- 1000

MAJOR GROUP 22—TEXTILE MILL PRODUCTS 2211 Broad woven fabric mills, cotton.. 2261 Finishers of broad woven fabrics of cotton.. 1000 2271 Woven carpets and rugs...

750 2295 Artificial leather, oilcloth, and other im

pregnated and coated fabrics, except

rubberized.. 2296 Tire cord and fabric...

1000 MAJOR GROUP 26-PAPER AND ALLIED PRODUCTS 2611 Pulp mills....

750 2621 Paper mills, except building paper mills. 750 2631 Paperboard mills...

750 2646 Pressed and molded pulp goods...

750 2654 Sanitary food containers..--

750 2661 Building paper and building board mills.... 750 MAJOR GROUP 28-CHEMICALS AND ALLIED 2812 Alkalies and chlorine...

1000 2813 Industrial gases.....

1000 2815 Dyes, dye (cyclic) intermediates, and or

ganic pigments (lakes and toners). ----- 750 2816 Inorganic pigments..

1000 2818 Industrial organic chemicals, not elsewhere classified....

1001 2819 Industrial inorganic chemicals, not elsewhere

classified. m o ins and non2821 Plastics materials, synthetic re vulcanizable elastomers..

750 2822 Synthetic rubber (vulcanizable elastomers). 2823 Cellulose man-made fibers.---2824 Synthetic organic fibers, except cellulosic.... 1000 2833 Medicinal chemicals and botanical products. 2834 Pharmaceutical preparations.--2841 Soap and other detergents, except specialty

cleaners.----------------2892 Explosives...

750 MAJOR GROUP 29—PETROLEUM REFINING AND RELATED

INDUSTRIES

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ownership or control of materials, processes, patents and license agreements, facilities, sales territory, and nature of business activity.

(c) Afiliates. Business concerns are afiliates of each other when either directly or indirectly (1) one concern controls or has the power to control the other, or (2) a third party controls or has the power to control both. In determining whether concerns are independently owned and operated and whether or not affiliation exists. consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

(d) Service industries. For services not elsewhere defined in this part, the average annual sales or receipts of the concern and its affiliates for the preceding three fiscal years must not exceed $1 million ($1,250,000 if located in Alaska). Any concern bidding on a contract for engineering services, naval architectural services, motion picture production or motion picture services is classified as small if its average annual sales or receipts for its preceding three fiscal years do not exceed $5 million ($6,250,000 if located in Alaska).

(e) Small business certificate. A

all business certificate is a certificate issued by SBA pursuant to the authority contained in sections 3 and 8(b) (6) of the Small Business Act certifying that the holder of the certificate is a small business concern for the purpose of Government procurement and in accordance with the terms of the certificate. 129 F.R. 2813, Feb. 29, 1964, as amended at 29 F.R. 9748, July 21, 1964; 30 F.R. 6966, Apr. 29, 1965) § 1.701–2 Established supplier.

An "established supplier" of an item is a concern which has supplied the items satisfactorily to one or more Military Departments, or a concern with which mobilization planning is in effect. (27 FR. 11645, Nov. 27, 1962) & 1.701–3 Potential supplier.

A "potential supplier" of an item is a concern which is a source of supplies, but, which is not an established supplier. (27 F.R. 11645, Nov. 27, 1962) $ 1.701-4 Manufacturing industry em

ployment size standards. The Standard Industrial Classification Manual (and the 1963 Supplement there

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2911 Petroleum refining .....

• 1000 2952 Asphalt felts and coatings.----MAJOR GROUP 30 RURPER AND MISCELLANEOUS

PLASTICS PRODUCTS 3011 Tires and inner tubes...--3021 Rubber footwear.

- - - -

1000 3031 Reclaimed rubber...

750 See footnotes at end of table.

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MAJOR GROUP 32-STONE, CLAY, AND GLASS PRODUCTS

code

ssware

750

Classi

Employment size fication

standard (number Industry

of employees) 1 3211 Flat glass

1000 3221 Glass containers...

750 229 Pressed and blown glas elsewhere classified....

750 3341 Cement, hydraulic...

750 3261 Vitreous China plumbing fixtures and china

and earthenware fittings and bathroom
accessories...

750 3275 Gypsum products..

1000 3292 Asbestos products.

750 3226 Mineral wool.. 3297 Nonclay refractories....-----

750 MAJOR GROUP 33—PRIMARY METAL INDUSTRIES 332 Blast furnaces (including coke ovens), steel works, and rolling mills...--

1000 3313 Electrometallurgical products..

750 3315 Steel wire drawing and steel nails and spikes.

1000 3316 Cold rolled sheet, strip and bars.--------

1000 3317 Steel pipe and tubes.....

1000 3331 Primary smelting and refining of copper.... 1000 3332 Primary smelting and refining of lead.... 1000 3333 Primary smelting and refining of zinc...

750 363534 Primary production of aluminum..

1000 3339 Primary smelting and refining of nonferrous metals, not elsewhere classified.

750 3351 Rolling, drawing, and extruding of copper.. 3352 Rolling, drawing, and extruding of aluminum.....

750 3356 Rolling, drawing, and extruding of non

ferrous metals, except copper and
aluminum..

750 3357 Drawing and insulating of nonferrous wire.

crous wire 1000 3399 Primary metal industries, not elsewhere classified...

750

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MAJOR GROUP 34-FABRICATED METAL PRODUCTS,

EXCEPT ORDNANCE, MACHINERY, AND TRANSPORTATION EQUIPMENT

MAJOR GROUP 36-ELECTRICAL MACHINERY,

EQUIPMENT AND SUPPLIESContinued Classi

Employment size fication

standard (number code

Industry

of employees) 1 3671 Radio and television receiving type electron tubes, except cathode ray...

1000 3672 Cathode ray picture tubes..

750 3673 Transmitting, industrial, and special purpose electron tubes......

750 3692 Primary batteries, dry and wet...

1000 3694 Electrical equipment for internal combustion engines...-.

750 MAJOR GROUP 37-TRANSPORTATION

EQUIPMENT 3717 Motor vehicles and parts 3..-.-.

1000 3721 Aircraft 1..

1000 3722 Aircraft engines and engine parts.

1000 3723 Aircraft propellers and propeller parts.

1000 3729 Aircraft parts and auxiliary equipment, not elsewhere classified S..

1000 3731 Ship building and repairing

1000 3741 Locomotives and parts.

1000 3742 Railroad and street cars...

750 MAJOR GROUP 39-MISCELLANEOUS MANU.

FACTURING INDUSTRIES
3982 Linoleum, asphalted-felt-base, and other

hard surface floor coverings, not elsewhere
classified....--------

750 1 The "number of employees" means the average em ployment of any concern and its affiliates based on the number of persons employed during the pay period ending nearest the last day of the third month in each calendar quarter for the preceding four quarters.

3 Together with its affiliates does not employ more than 1,000 persons and does not have more than 30,000 barrelsper-day capacity from owned and leased facilities.

The three Standard Industrial Classification industries (3711, 3712, and 3714) have been combined because of a major problem of defining the reporting unit in terms of these industries. This difficulty arises from the fact that many large establishments have integrated operations which include the production of parts or bodies and the assembly of complete vehicles at the same location.

* Includes maintenance as defined in the Federal Aviation Regulations (14 CFR 1.1) but excludes contracts solely for preventive maintenance as defined in 14 CFR 1.1. As defined in the Federal Aviation Regulations: “'Maintenance' means inspection, overhaul, repair, preservation, and the replacement of parts, but excludes preventive maintenance.” “'Preventive maintenance' means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations."

» Guided missile engines and engine parts are classified in SIC 3722. Missile control systems are classified in SIC 3662.

o Shipbuilding and repairing industry includes establishments primarily engaged in building and repairing all types of ships, barges, canal boats, and lighters, of 5 gross tons and over, whether propelled by sail of motor power or towed by other craft. Establishments primarily engaged in fabrication or repairing structural assemblies or components for ships, or subcontractors engaged in ship painting, joinery, carpentry work, electrical wiring installation, etc., are not included. The size standard for Boat building and Repairing (establishments primarily engaged in building and repairing all types of boats, except rubber boats, under 5 gross tons) is 500. (29 F.R. 2814, Feb. 29, 1964, as amended at 29 F.R. 14818, Oct. 31, 1964; 30 F.R. 14888, Dec. 2, 1965) $ 1.702 General policy.

(a) It is the policy of the Department of Defense to place a fair proportion of its total purchases and contracts for supplies, research and development, and services (including but not limited to contracts for maintenance, repairs and

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3411 Metal cans..... 3431 Enameled iron and metal sanitary ware... MAJOR GROUP 35-MACHINERY, EXCEPT

ELECTRICAL 3511 Steam engines; steam, gas and hydraulic

turbines; and steam, gas, and hydraulic

turbine generator set units.. 3519 Internal combustion engines, not elsewhere

classified..... 3531 Construction machinery and equipment... 3562 Ball and roller bearings... 3571 Computing and accounting machines, in

cluding cash registers. 3572 Typewriters...-.. 3585 Refrigerators; refrigeration machinery, ex

cept household; and complete air con

ditioning units..-..-------------------... MAJOR GROUP 36-ELECTRICAL MACHINERY,

EQUIPMENT AND SUPPLIES 3612 Power, distribution, and specialty trans

formers.-----3613 Switchgear and switchboard apparatus.--3621 Motors and generators.. 3622 Industrial controls.......... 38524 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..--.--. 3651 Radio and television receiving sets, except

communication types...--. 3652 Phonograph records..------3661 Telephone and telegraph apparatus..... 3662 Radio and television transmitting, signal

ing, and detection equipment and apparatus...

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construction) with small business concerns. Every effort should be made to encourage participation by such concerns in the procurement of supplies and seryices that are within their capabilities. Heads of procuring activities and heads of field purchasing and contract administration activities are responsible for the effective implementation of the Small Business Program within their respective activities. Procurement and technical personnel attached to such activities shall be informed of the benefits that accrue to the Nation and to the Department of Defense through the proper use of the capabilities of small business concerns in the procurement of military requirements.

(b) Small business concerns, both esestablished and potential supplies ($ $ 1.701–2 and 1.701–3), shall be afforded an equitable opportunity to compete for all contracts that they can perform. Therefore, the Military Departments shall, to the extent consistent with the best interests of the Government, and in order to broaden the industrial base:

(1) Attempt to locate additional qualified small business suppliers by all appropriate methods, including use of the facilities of SBA, particularly where only a limited number of small business concerns are on bidders' mailing lists;

(2) Give wide publicity to purchasing methods and practices;

(3) Publicize proposed procurements by use of advance notices or other appropriate methods (see § 1.1003);

(4) Include all established and qualified potential small business suppliers on the bidders' mailing lists (see § 2.205 of this chapter);

(5) Send solicitations to all firms on the appropriate list, except that, where less than a complete list is to be used pursuant to g 2.205-4, at least a pro rata number of small business concerns shall be solicited;

(6) Divide proposed procurement of supplies and services, except construction, into quantities not less than economic production runs, so as to permit bidding on quantities less than the total requirements; allow the maximum time practicable for preparation and submission of bids, proposals, or quotations; where feasible, establish delivery schedules which will encourage small business participation;

(7) Examine each major procurement to determine the extent to which

small business subcontracting should be encouraged or required;

(8) Use small business concerns to the maximum extent feasible as planned producers in the Industrial Readiness Planning Program; and

(9) Maintain liaison with Federal, State (including Governors' Commissions), and local agencies and other organizations for the purpose of providing information and assistance to small business concerns.

(c) The extent of small business participation in defense procurement shall be accurately measured, reported, and publicized. All solicitations shall require each prospective supplier to represent whether he is small business concern for purposes of the specific procurement (see $ $ 1.701 and 1.703). Records of the total value of contracts and subcontracts placed with small business concerns during each fiscal year shall be maintained by the use of DD Form 350 (Individual Procurement Action Report), DD Form 1057 (Monthly Procurement Summary by Purchasing Ofice) (see $ 1.110), and DD Form 1140–1 (Defense Small Business Subcontracting Program Monthly Report of Participating Large Company on Subcontract Commitments to Small Business Concerns) (see $ 1.707). [29 F.R. 11810, Aug. 19, 1964) § 1.703 Determination of status as small

business concern. (a) Except as provided in paragraph (b) of this section, the contracting officer shall accept at face value for the particular procurement involved, a representation by the bidder or offeror that it is a small business concern (see $ 1.7011).

(b) Representation by a bidder or offeror that it is a small business concern shall be effective, even though questioned in accordance with the terms of this paragraph, unless the SBA, in response to such question and pursuant to the procedures in subparagraph (3) of this paragraph, determines that the bidder or offeror in question is not a small business concern. The controlling point in time for a determination concerning the size status of a questioned bidder or offeror shall be the date of award, except that no bidder or offeror shall be eligible for award as a small business concern unless he has in good faith represented himself as small business prior to the

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opening of bids or closing date for sub

mission of offers (see 2.405(b) of this - chapter with respect to minor informali

ties and irregularities in bids). is (1) Any bidder or offeror may, prior to

Beard of a contract involving small busi-ness set-asides, question the small busi-- ness status of any apparently successful -- bidder or offeror by sending a written

protest to the contracting officer responsible for the particular procurement. The protest shall contain the basis for the protest together with specific detailed evidence supporting the protes

tant's claim that such bidder or offeror is ... not a small business. Such protest must

be received by the contracting officer

prior to the close of business on the 5th - working day after bid opening date or

closing date for the receipt of proposals. A protest received after such time shall be considered timely, if in the case of mailed protests, such protest is sent by registered or certified mail and the postmark thereon indicates that the protest would have been delivered within this time limit but for delays beyond the control of the protestant or, in the case of telegraphed protests, the telegram date

and time line indicates that the protest ** would have been delivered within this

time limit but for delays beyond the control of the protestant. A protest received after award of a contract, even though timely will not be considered a “protest" and will be returned to the sender with an explanation of why it could not be acted upon. Any contracting officer who receives a timely protest shall forward such protest record to the Small Business Administration regional office serving the area in which the protested concern is located. The Small Business Administration will promptly notify the contracting officer of the date of its receipt of any such protest and will advise the questioned bidder or offeror that his small business status is under review.

(2) A contracting officer may, any time prior to award, question the small business status of the apparently successful bidder or offeror by sending a written notice to the SBA regional office of the region in which the bidder or offeror has his principal place of business. Such notice shall contain a statement of the basis for the question together with arallable supporting facts. SBA will advise the bidder or offeror in question that his small business status is under

(3) The SBA Regional Director will determine the small business status of the questioned bidder or offeror and notify the contracting officer and the bidder or offeror of his determination, and award may be made on the basis of that determination. Such decision is final unless appeal in accordance with subparagraph (4) of this paragraph and the procuring activity is notified of the appeal prior to award. If an award was made prior to the time the contracting officer receives notice of the appeal, the contract shall be presumed to be valid and any determination rendered shall be considered in future procurements. If the SBA Regional Director's determination is not received by the contracting officer within 10 working days after SBA's receipt of the protest or notice questioning small business status, it shall be presumed that the questioned bidder or offeror is a small business concern. This presumption will not be used as a basis for making an award to the questioned bidder or offeror without first ascertaining when a size determination can be expected from SBA, and where practicable, waiting for such determination, unless further delay in award would be disadvantageous to the Government. Pending SBA determination or expiration of the 10-day period, whichever is earlier, procurement action shall be suspended provided that such 10-day suspension period shall not apply to any urgent procurement action which, as determined by the contracting officer, must, in order to protect the public interest, be awarded without delay and as to which he inserts in the contract file a statement signed by him justifying this determination.

(4) An appeal from a size determination made by an SBA Regional Director may be taken before the close of business on the 5th working day after the receipt of such decision. Unless such written notice of appeal is received by the SBA Size Appeals Board, Washington, D.C., within this time and the contracting officer has been notified of such appeal prior to award, the appellant will be deemed to have waived its rights of appeal insofar as the pending procurement is concerned.

(5) The determination of the appropriate classification of a product establishing the small business definition to be used in a specific procurement shall be made by the contracting officer and his

review.

determination shall be final unless appealed in accordance with subparagraph (6) of this paragraph.

(6) An appeal from product classification determination establishing the size definition used in a specific procurement made by a contracting officer may be taken not less than 10 days before bid opening date or closing date for submission of proposals where in the bid opening or closing date is more than 30 days after the issuance of the IFB or RFP, or not less than 5 working days before the bid opening date or closing date for submission of proposals in cases wherein the bid opening date or closing date for submission of proposals is 30 days or less after the issuance of an IFB or an RFP. Such appeals shall be directed to the SBA Size Appeals Board, Washington, D.C. (30 F.R. 5962, Apr. 29, 1965) $ 1.704 Small business officials. [25 F.R. 14092, Dec. 31, 1960) $ 1.704–1 Director for small business.

The Director for Small business for the Department of Defense advises the Assistant Secretary of Defense (Installations and Logistics) in matters relating to the establishment, implementation, and execution of an appropriate Small Business Program within the Department of Defense. Negotiations with SBA or other Government agencies or departments outside the Department of Defense concerning small business policy and programs shall be conducted through the Director for Small Business or with his authorization. [26 F.R. 5297, June 14, 1961) § 1.704–2 Departmental small business

advisors. Each Military Department maintains an Office of Small Business as follows:

(a) Army-Army Small Business Advisor, Office of the Assistant Secretary of the Army (Installations and Logistics), Pentagon, Washington, D.C.:

(b) Navy-Director of Navy Small Business Program, Office of Naval Material (MAT21D), Department of the Navy, Main Navy Building, Washington, D.C.;

(c) Air Force—Deputy for Small Business, Directorate of Procurement Policy, Deputy Chief of Staff, Systems and LOgistics (AFSPP-B), Pentagon, Washington, D.C.;

(d) Defense Supply Agency—Defense Supply Agency Small Business Advisor,

Directorate of Procurement and Production, Code DSAH-PS, Cameron Station, Alexandria, Virginia. The primary responsibility of the Chief of each Office of Small Business shall be in matters concerning small business. He advises the Secretary on small business matters, implements the Department of Defense Small Business Program within his Department, and represents his Department in negotiations with other Military Departments or Governmental agencies on small business matters. [29 F.R. 11811, Aug. 19, 1964) $ 1.704–3 Small business specialists.

(a) Small business specialists shall be appointed by name, in writing, for each prinicipal procurement, purchasing, and contract administration office and in such other offices as the Military Departments consider appropriate. They shall be responsible directly to the appointing authority and shall not be subject to the direction of contracting or technical personnel. The appointing authority is as follows:

(1) Army-Head of a Procuring Activity (see $ 1.201-14);

(2) Navy-Head of a Procuring Activity or the oficial in charge of an activity having purchase authority of $10,000 or more, or in charge of a contract administration activity;

(3) Air Force-Director of Procurement and Production or comparable person at each central purchasing activity and Major Air Command, the chief of each contract administration activity, and the Base Commander of a local purchase activity;

(4) Defense Supply Agency-Head of a Procuring Activity and Commanding Officers of DSA activities not designated as a supply center. A copy of each appointment and termination of appointment of all such specialists shall be forwarded to the appropriate departmental Office of Small Business (§ 1.704-2). In addition to performing that portion of the specific program outlined in paragraph (b) of this section that is normally performed in the activity to which he is assigned, the small business specialist shall be the small business advisor to the head of the activity and shall perform such additional functions as are prescribed for him in furtherance of the overall Small Business Program. A small business specialist

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