it has in excess of 500 employees, a certificate may be issued certifying that the applicant is a small business concern within the meaning of the act. The holder of such a certificate will then qualify, subject to the terms of the certificate, as a small business concern for Government procurement purposes. If the applicant is dominant, even though together with all its affiliates it employs fewer than 500 persons, the application for a certificate shall be denied. [Paragraphs (b) and (c) amended, 22 F. R. 2759, Apr. 20, 1957]

Prior Amendments

1957: 22 F. R. 2121, Mar. 30.

(d) Status through representation. In the submission of a bid or proposal on a Government procurement, a concern which meets the criteria of paragraphs (a) or (b) of this section, and which has not previously been denied small business status by SBA, may represent that it is a small business. In the absence of a written protest, such concern shall be deemed to be a small business for the purpose of the specific Government procurement involved.

§ 103.4 Determination of small business for financial and other assistance. A small business concern for the purpose of financial and other assistance (except procurement assistance) is a business concern, including its affiliates, which is not dominant in its field of operation and can further qualify under the following criteria:

(a) Manufacturing. Any manufacturing concern is classified:

(1) As small if it employs 250 or fewer employees;

(2) As large if it employs more than 1,000 employees;

(3) Either as small or large, depending on its industry and in accordance with the employment size standards set forth below in Schedule A, if it employs more than 250 but not more than 1,000 employees.

(b) Wholesale. Any wholesale concern is small if its Annual Dollar Volume of Sales is $5,000,000 or less. Any wholesale concern also engaged in manufacturing is not a "small business concern" unless it so qualifies under both the manufacturing and wholesaling standards.

(c) Retail. Any retail concern is classified:

(1) As small if its Annual Sales are $1,000,000 or less;

(2) As small if it is primarily engaged in making retail sales of general merchandise (including department stores and variety stores) or new and used motor vehicles or groceries with fresh meats and its Annual Sales are $2,000,000 or less.

(d) Service trades. Any service trades concern is small if its Annual Receipts are $1,000,000 or less except that any hotel or power laundry is small if its Annual Receipts are $2,000,000 or less.

(e) Construction. Any concern primarily engaged in construction is small if its average Annual Receipts are $5,000,000 or less for the preceding three years.

(f) Trucking and warehousing. Any trucking and warehousing (local and long distance) concern is small if its Annual Receipts are $2,000,000 or less.

(g) Taxicabs. Any taxicab concern is small if its Annual Receipts are $1,000,000 or less.

(h) Certificate of Competency. A concern which has been issued a Certificate of Competency is a small business concern for the purpose of SBA financial assistance.

(i) Other standards. (1) If a concern is engaged in the production of a number of products or the providing of a variety of services which are classified in different industries, the appropriate standard to be used is that which has been established for the industry or activity in which the concern is primarily engaged.

(2) If no standard for an industry or activity has been set out in this section, a concern seeking a size determination may apply to the Regional or Branch Office of SBA nearest to such concern's principal place of business for such determination.

[Paragraph (1) amended, 22 F. R. 2122, Mar. 30, 1957]

§ 103.5 Protest of small business status. (a) A bidder or offerer may, prior to award, question the small business status of the apparently successful bidder or offerer by sending a written protest to the contracting officer and to the SBA Regional Office for the region in which the apparently successful bidder or offerer has its principal place of business. Such protest shall contain a statement of the basis for the protest and available supporting facts. SBA will promptly notify the contracting officer of the date such protest was received and will ad