3351 Rolling, drawing, and extruding of copper.. 3352 Rolling, drawing, and extruding of aluminum.. 750 MAJOR GROUP 39-MISCELLANEOUS MANUFACTURING INDUSTRIES 750 3356 Rolling, drawing, and extruding of nonferrous metals, except copper and alumi 780 num.. 750 3357 Drawing and insulating of nonferrous wire. 3399 Primary metal industries, not elsewhere classified.. 1000 750 3982 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 ending nearest the last day of the third month in each calendar quarter for the preceding four quarters. 3 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 and 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. 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 or motor powered 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 Boatbuilding 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 FR. 14888, Dec. 2, 1965; 31 F.R. 13327, Oct. 14, 1966; 32 F.R. 12085, Aug. 23, 1967; 32 F.R. 16400, Nov. 30, 1967] § 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 construction) with small business concerns. Every effort should be made to encourage participation by such concerns in the procurement of supplies and services 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 established 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 § 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 busi ness 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 a 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 Office) (see § 1.110), and DD Form 11401 (Defense Small Business Subcontracting Program Quarterly Report of Participating Large Company on Subcontract Commitments to Small Business Concerns) (see § 1.707). [29 F.R. 11810, Aug. 19, 1964, as amended at 31 F.R. 13327, Oct. 10, 1966] § 1.703 Determination of status as small business concern. (a) General—(1) Prior to solicitation. If a contracting officer or a small business specialist requires information from SBA concerning the size status of a concern in order to make a determination concerning (i) the initiation of a small business set-aside, or (ii) the forwarding of a small business restricted solicitation to such concern but time considerations preclude obtaining a formal SBA small business size determination, he may request informal advice on the matter from the SBA regional office having jurisdiction of the geographical area in which the contracting officer is located. While a contracting officer or a small business specialist may take action on the basis of such informal advice, such advice shall not be binding with respect to the final establishment of the eligibility of a concern as a small business for the purpose of a particular procurement; nor shall it be considered a formal SBA small business size determination (see paragraph (b) (3) and (4) of this section). (2) Subsequent to solicitation. 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. (b) Representation by a bidder or offeror. 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 question 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 opening of bids or closing date for submission of offers (but see § 2.405(b) of this chapter with respect to minor informalities and irregularities in bids). A representation by a bidder or offeror that it is a small business concern will not be accepted by the contracting officer if it is known that such concern has previously been finally determined by SBA to be ineligible as a small business for the item or service being procured, and such concern has not subsequently been certified by SBA as being a small business. (1) Protest of small business status. Any bidder or offeror may, in connection with a contract involving a small business set-aside or otherwise involving small business preferential consideration, question the small business 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 protestant'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 fifth working day exclusive of Saturday, Sunday, and Federal Legal Holidays (hereinafter referred to as working day) after bid opening date for formally advertised and small business restricted advertised procurements. In procurements requiring submission of proposals, the contracting officer shall, except under the circumstances specified in $ 3.508-2(b) of this chapter, notify the apparently unsuccessful offerors in writing of the name and location of the apparently successful offeror(s) and establish a deadline date (at least five working days plus a reasonable time for the notice to reach the unsuccessful offerors) by which any size protest on the instant procurement must be received. A protest received after the appropriate time indicated herein shall be considered timely, if in the case of (i) a mailed protest, it is sent by registered or certified mail and the postmark thereon indicates that it would have been delivered within the time limit except for delays beyond the control of the protestant, or (ii) a telegraphic protest, the telegram date and time line indicates that it would have been delivered within the time limit except for delays beyond the control of the protestant. The following procedures shall apply: (i) Timely protest received prior to award. When the contracting officer receives a timely protest prior to award, he shall forward the 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 bidder or offeror in question that his small business status is under review; (ii) Untimely protests received prior to award. A protest which is not timely, even though received before award, shall be forwarded to the Small Business Administration regional office serving the area in which the protested concern is located, with a notation thereon that the protest is not timely. The protestant shall be notified that his protest cannot be considered on the instant procurement but has been referred to SBA for its consideration in any future actions; (iii) Action on protests received after award. A protest received after award of a contract shall be forwarded to the Small Business Administration regional office serving the area in which the protested concern is located with a notation thereon that award has been made. The protestant shall be notified that award has been made and that his protest has been forwarded to SBA for its consideration in future actions. (2) Questioning of status by contracting officer. 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 available supporting facts. SBA will advise the bidder or offeror in question that his small business status is under review. (3) Determination by SBA Regional Director. 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. This determination is final unless it is appealed in accordance with subparagraph (4) of this paragraph, and the contracting officer is notified of the appeal prior to award. If an award was made prior to the time the contracting officer received notice of the appeal, the contract shall be presumed to be valid. Action to be taken on SBA determinations shall be as follows: (i) If the SBA Regional Director's determination is not received by the contracting officer 10 working days after SBA's initial receipt of a protest or notice questioning the Small Business status of a bidder or offeror, 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. (ii) If an appeal from the SBA Regional Director's determination is made, pursuant to subparagraph (4) of this paragraph, to the Chairman, Size Appeals Board, Small Business Administration, Washington, D.C. 20416, and the contracting officer is notified prior to award, an additional 20 working days (i.e., 30 working days inclusive from the time of initial receipt of the case in the SBA Regional Office) shall be allowed for receipt of the SBA size determination. (iii) If the determination of the Chairman, Size Appeals Board, Small Business Administration, on the appeal is not received by the contracting officer within the 30-working-day period, it shall be presumed that the SBA Regional Director's size determination has been sustained. (iv) Until receipt of the SBA determination of the size status, or expiration of the 10-day period (30 days in case of an appeal to the Chairman, Size Appeals Board), whichever occurs first, procurement action shall be suspended; however, this suspension shall not apply to any urgent procurement action which the contracting officer determines in writing must be awarded without delay to protect the public interest. The contracting officer's determination shall be placed in the contract file. (4) Appeal from size determination. An appeal from a size determination made by an SBA Regional Director may be taken before the close of business on the fifth 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) Award of set-aside procurements. Except as provided in § 3.508-1 of this chapter or when the contracting officer determines in writing that award must be made without delay to protect the public interest, award will not be made prior to 5 working days after (i) the bid opening date for procurements placed through small business restricted advertising, or (ii) the deadline date for submitting a protest set forth in the notification to the apparently unsuccessful offeror(s) for small business set-aside procurements placed through conventional negotiation. (c) Product classification-(1) Determination by contracting officer. The contracting officer shall determine the appropriate classification of a product establishing the small business definition to be used in a specific procurement. Both the classification and the applicable size standard (number of employees, average annual receipts, etc.), pursuant to § 1.701, shall be set forth in the Schedule of each solicitation which anticipates an expenditure in excess of $2,500. The contracting officer's determination shall be final unless appealed in accordance with subparagraph (2) of this paragraph. (2) Appeal from classification. An appeal from a product classification de termination by a contracting officer must be taken: (i) Not less than 10 working days before the bid opening date or the deadline for submitting proposals or quotations where this date or deadline is more than 30 days after the issuance of the invitation for bids or request for proposals or quotations; or (ii) Not less than 5 working days before the bid opening date or the deadline for submitting proposals or quotations where this date or deadline is 30 or less days after the issuance of the invitation for bids or request for proposals or quotations. Such appeals shall be directed to the Chairman, Size Appeals Board, Small Business Administration, Washington, D.C. 20416. (3) Action of Size Appeals Board. The Size Appeals Board will promptly notify the contracting officer of the receipt of a valid appeal and, if possible, will inform the contracting officer prior to the date set for opening of the solicitation of its ruling on the appeal. The SBA decision, if received prior to the opening date, shall be considered final, and solicitations will be modified to reflect such decision, if necessary. Where appropriate, opening dates may be extended. SBA rulings received after the opening date shall not apply to the current procurement but shall apply in future procurements of the product. [31 F.R. 13328, Oct. 10, 1966, as amended at 33 F.R. 15381, Oct. 17, 1968; 33 F.R. 19900, Dec. 28, 1968; 34 F.R. 17886, Nov. 5, 1969] § 1.704 Small business officials. [25 FR. 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 FR. 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-Special Assistant for Small Business and Economic Utilization, Office of the Assistant Secretary of the Navy (Installations and Logistics), 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, as amended at 31 F.R. 1040, Jan. 27, 1966] § 1.704-3 Small business specialists. (a) Small business specialists shall be appointed by name, in writing, for each principal 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 official 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, |