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MAJOR GROUP 28-CHEMICALS AND ALLIED
MAJOR GROUP 33-PRIMARY METAL
2822 Synthetic rubber
(vulcanizable elastomers)..... 2823 Cellulose man-made fibers....... 2824 Synthetic organic fibers,
except cellulosesic..... 2833 Medicinal chemicals and
botanical products ........ 2834 Pharmaceutical preparations.. 2841 Soap and other detergents,
except specialty cleaners ...... 2892 Explosives...
3333 Primary smelting and
refining of zinc ........ 3334 Primary production of
refining of nonferrous
extruding of copper .. 3352 Rolling, drawing, and
extruding of aluminur 3356 Rolling, drawing, and
extruding of nonferrous metals, except copper and
aluminum ....... 3357 Drawing and insulating of
nonferrous wire 3399 Primary metal industries, not
elsewhere classified .......
MAJOR GROUP 29—PETROLEUM REFINING AND
ALLIED PRODUCTS 2
MAJOR GROUP 30-RUBBER AND MISCELLANEOUS
MAJOR GROUP 34-FABRICATED METAL PRODUCTS, EXCEPT ORDNANCE, MACHINERY, AND
3011 Tires and inner tubes......... 30111 Passenger car and motorcycle
pneumatic tires (casings)..... 30112 Truck and bus (and off-the
road) pneumatic tires ......... 3021 Rubber footwear........ 3031 Reclaimed rubber .......
3511 Steam engines, steam, gas and
hydraulic turbines, and
turbine generator set units .. 3519 Internal combustion engines,
not elsewhere classified 3531 Construction machinery and
equipment ................................ 3537 Industrial trucks, tractors,
and trailers and stackers ..... 3562 Ball and roller bearings........... 3571 Computing and accounting
machines, including cash
registers ..................................*** 3572 Typewriters ... 3573 Electric computing equipment 3574 Calculating and accounting
machines, except electronic
computing equipment 3585 Refrigerators, refrigeration
machinery, except household; and complete air conditioning units ......... .
MAJOR GROUP 36-ELECTRICAL MACHINERY,
EQUIPMENT AND SUPPLIES-Continued
750 750 750 1.000
The size standard for SIC 2911 is set forth in $ 11.701-1(1).
The size standards for SIC 30111, 30112. and 37171 are set forth in 88 1-1.701-1(c)2) and 1-1.7011(c)(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 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 clas. sified in SIC 3722. Missile control systems are classified in SIC 3662.
The size standard for Census Classification Code 2026, Fluid Milk, will be reduced to 625 employees effective May 1. 1973, and further reduced to 500 employees effective May 1, 1974.
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 ......... 3651 Radio and television receiving
sets, except communication
types ....... 3652 Phonograph records 3661 Telephone and telegraph
apparatus........................... 3662 Radio and television
transmitting, signaling, and detection equipment and
apparatus. 3671 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
internal combustion engines
MAJOR GROUP 37--TRANSPORTATION EQUIPMENT
3717 Motor vehicles and parts ........ 37171 Passenger cars (knocked down
or assembled)......... 3721 Aircraft ... 3722 Aircraft engines and engine
parts ........ 3723 Aircraft propellers and
propeller parts................ 3729 Aircraft parts and auxiliary
equipment, not elsewhere
classified ........ 3731 Shipbuilding and repairing..... 3741 Locomotives and parts........ 3742 Railroad and street cars..........
(i) Refined petroleum products. Any concern bidding on a contract 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, is classified as small if (1)(i) its number of employees does not exceed 1,000 persons; (ii) if it does not have more than 30,000 barrels-per-day crude oil or bona fide feed stock capacity from owned or leased facilities or from facilities made avail. able to such concern under an arrangement such as, but not limited to, an exchange agreement (except one on a refined product for refined product basis), or throughput or other form of processing agreement, with the same effect as though such facilities had been leased; and (iii) the product to be delivered in the performance of the contract will contain at least 90 percent components refined by the bidder from either crude oil or bona fide feed stocks: Provided, however, That a petroleum refining concern which meets the requirements in (i)(1) (i) and (ii) of this section may furnish the product to a refinery not qualified as small business if such product is obtained pursuant to a bona fide exchange agreement, in effect on the date of the
'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 3d month in each calendar quarter for the preceding 4 quarters.
ucts to be delivered after merely filtering, settling, or blending. "Crude-oil capacity" means the maximum daily average throughput of a refinery in complete operation, with allowance for necessary shutdown time for routine maintenance, repairs, etc. It approximates the maximum daily average crude runs to stills that can be maintained for an extended period.) (29 FR 10104, July 24, 1964, as amended at 30 FR 9590, July 31, 1965; 32 FR 2624, Feb. 8, 1967; 36 FR 11435, June 12, 1971; 37 FR 15372, Aug. 1, 1972; 39 FR 35657, Oct. 3, 1974; 41 FR 3737, Jan. 26, 1976; 41 FR 50687, Nov. 17, 1976)
bid or offer, between the bidder or of. feror and the refiner of the product to be delivered to the Government which requires exchanges in a stated ratio on a refined petroleum product for a refined petroleum product basis, and precludes a monetary settlement, and that the products exchanged for the products offered and to be delivered to the Government meet the requirements in (i)(1)(iii) of this section: And provided further, That the exchange of products for products to be deliv. ered to the Government will be completed within 90 days after the expiration of the delivery period under the Government contract, and that any products furnished pursuant to a bona fide exchange agreement must be for delivery in the same Petroleum Administration for Defense (PAD) District as that in which the small refinery is located; or (2) its number of employees does not exceed 500 persons and the product to be delivered to the Government has been refined by a concern which qualifies under (i)(1) of this section. The proviso in (i)(1)(iii) of this section that the product to be delivered in the performance of the contract will contain at least 90 percent components refined by the bidder from either crude oil or bona fide feed stocks contemplates that, in accomplishing such refining, the bidder will utilize its own employees and facilities which it owns or obtains under a bona fide lease as distinguished from any other arrangement having the same effect as a lease. The provision permitting a concern which meets the requirements in (i)(1) (i) and (ii) of this section to furnish the product of a refinery not qualified as small business if such product is obtained pursuant to a bona fide exchange agreement which meets prescribed requirements, contemplates that the product exchanged by the bidder for the product to be furnished shall have been refined by the bidder utilizing only its own employees and its own facilities or facilities obtained through a bona fide lease. (“Bona fide feed stocks" means crude and any other hydrocarbon material actually charged to refinery processing units as distinguished from materials used as components in prod
$ 1-1.701-2 Affiliates.
Business concerns are affiliates of each other when either directly or indirectly (a) one concern (other than an investment company licensed under the Small Business Investment Act of 1958 or registered under the Investment Company Act of 1940, as amended), controls or has the power to control the other, or (b) a third party or parties (other than an investment company licensed under the Small Business Investment Act of 1958 or registered under the Investment Company Act of 1940, as amended), con trols or has the power to control both. In determining whether concerns are independently owned and operated and whether affiliation exists, consideration shall be given to all appropriate factors, including common ownership, common management, and contractual relationships: Provided, however, That restraints imposed on a franchisee by its franchise agreement shall not be considered in determining whether the franchisor controls or has the power to control and, therefore, is affiliated with the franchisee, if the franchisee has the right to profit from his effort, commensurate with ownership, and bears the risk of loss or failure. (32 FR 2626, Feb. 8, 1967)
§ 1-1.701-3 Dominance in field of oper
ation. A concern "is not dominant in its field of operation" when it does not exercise a controlling or major influence in a 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 $10,000 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 connection with subcontracts exceeding $10,000 which relate to Government procurement. will be considered a small business concern if it qualifies as such under § 1-1.701-1. (41 FR 31207, Nov. 27, 1976) § 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, parttime, temporary, or other basis during each of the pay periods of the preceding 12 months. If a concern has not been in existence for 12 months, "number of employees" means the average employment of such concern and its affiliates during the period that such concern has been in existence based on the number of persons employed during each of the pay periods of the period such concern has been in business. If a concern has acquired an affiliate during the applicable accounting period, it is necessary, in computing the applicant's number of employees, to include the affiliate's number of employees during the entire applicable accounting period rather that only its employees during the period in which it has been an affiliate. The employees of a former af
filiate are not included even if such concern had been an affiliate during a portion of the applicable accounting period. (41 FR 50688, Nov. 17, 1976) 81-1.701-6 Industry.
"Industry" means a grouping of establishments primarily engaged in similar lines of activity as listed and described in the Standard Industrial Classification (SIC) Manual, as amended, prepared and published by the Office of Management and Budget (formerly Bureau of the Budget), Executive Office of the President. (The Standard Industrial Classification (SIC) Manual, as amended, is used as a guide by the Small Business Administration in defining industries. Its use, therefore, is advisory and not mandatory.) (36 FR 11438, June 12, 1971) § 1-1.701-7 Certificate of competency and
determination of eligibility. (a) A “certificate of competency" means a certificate issued by the Small Business Administration (SBA), as authorized by the Small Business Act (15 U.S.C. 637(b)(7)(A)), stating that the holder is responsible (with respect to all elements of responsibility, including but not limited to capability, competency, capacity, credit, integrity, perseverance, and tenacity) to receive and perform a specific Government contract (see § 1-1.708).
(b) A “determination of eligibility" means a determination issued by SBA, as authorized by the Small Business Act (15 U.S.C. 637(b)(7)(B)), stating that the holder is eligible as a manufacturer or regular dealer, under the provisions of the Walsh-Healey Public Contracts Act (41 U.S.C. 35-45(a)), to receive and perform a specific Government contract. It also means a certificate issued by SBA based on a finding of eligibility by the Secretary of Labor after SBA initially determines that a concern is ineligible. [43 FR 26005, June 16, 1978)
§ 1-1.701-8 Set-aside for small business.
A set-aside for small business is the act of reserving an entire procurement
income of the concern (not including its affiliates), shall be reduced by the percentage prescribed for that State or area as follows:
(total set-aside for either small business-labor surplus area concerns or small business concerns) or a portion of a procurement (partial set-aside for small business concerns) for the exclu. sive participation of small business concerns. Set-asides may be made for individual procurements of items or for classes of items (class set-asides). (43 FR 26005, June 16, 1978)
8 1-1.701-9 Small business restricted ad.
vertising. 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.
8 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 services, commissary services, fire prevention services, refuse collection services, safety engineering sery. ices, messenger services, grounds main tenance and landscaping services, and air-conditioning and refrigeration maintenance: Provided, however, That whenever the contracting officer de termines 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 service is classified. (32 FR 2626, Feb. 8, 1967)
12.5 Virgin Islands ........
10.0 Puerto Rico......
7.5 Guam ...
7.5 (41 FR 50688, Nov. 17, 1976) $ 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 followed by procurement agencies in order to further the general policy stated in (a) of this g 1-1.702:
(1) Small business concerns shall be afforded an equitable opportunity to compete for prime contracts and subcontracts.
(2) Bidders mailing lists (see $ 12.205) shall include (i) all established and potential small business concerns, and (ii) potential small business concerns that are also potential labor surplus area concerns. In either case, concerns shall have made acceptable applications for inclusion or appear from other information, including recommendations by SBA representatives, to be qualified for inclusion. Prior to the issuance of invitations for bids and within the framework of the time available, contracting officers should make every reasonable effort to find additional small business concerns. This effort should include contacts with SBA where there is no local SBA representative. The requirement to locate additional concerns may be omitted where bidders lists are excessively long and only a portion of the concerns on the list will be solicited (see subparagraph (3) of this paragraph (b) and § 1-2.205-4).
§ 1-1.701-11. Differentials.
When a concern which has 50 percent or more of its annual sales or receipts attributable to business activity within one of the States or nonforeign areas set forth herein, then, whenever the term "annual sales or annual receipts" is used in any size definition contained in this subpart, such annual receipts, average annual receipts, assets, net worth, or average net