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(a) Establish internal procedures

Subpart 1-1.7—Small Business and methods for giving effect to this

Concerns Subpart 1-1.6. (b) Notify the General Services Ad

§ 1-1.700 General. ministration (GSA) of the name and address of its central office where de

(a) This subpart, which implements

programs developed barment information should be sent.

cooperatively

with the Small Business Administra(c) Furnish to GSA a copy of the

tion (SBA) and the Government agennotice of debarment (at time of issu

cies having procurement responsibiliance) on those debarments made

ty, sets forth: (1) Procurement policy under provisions of § 1-1.604(a), or the

with reference to small business conBuy American Act, and provide GSA

cerns; (2) policy governing the relawith information as to any removals of

tionship of procurement agencies with such debarments.

SBA; (3) SBA certificate of competen(d) Check the list of debarred bid cy program; (4) small business setders furnished by GSA, and consider aside procedures; (5) small business firms or individuals listed thereon for subcontracting policies; and (6) inforinclusion upon its own list, in accord- mation concerning SBA's size standance with the provisions of this Sub- ards. part 1-1.6.

(b) This subpart applies only in the (e) As needed, request from GSA a United States. As used in this subpart copy of the notice on any debarment the term United States means the case appearing on the list herein pro States, its territories and possessions, vided to be compiled and distributed

Puerto Rico, the Trust Territory of by GSA. If desired, direct inquiry con

the Pacific Islands, and the District of cerning any debarment case may be Columbia. made of the agency which originated [29 FR 10104, July 24, 1964, as amended at the action.

35 FR 8482, June 2, 1970) (f) Make its list available to all contracting officers within the agency.

§ 1-1.701 Definitions.

The definitions in this section apply § 1-1.607 General Services Administration

throughout this Subpart 1-1.7. Those responsibility.

definitions relating to SBA size standIn addition to the agency procedure ards for procurement purposes are provided in § 1-1.606, GSA will:

based on the governing regulations of (a) Compile and distribute to the SBA on the subject (13 CFR Part 121). designated central office address of

8 1-1.701-1 Small business concern (for each agency a listing of the administrative debarments and debarments

Government procurement). under the Buy American Act made by

(a) General. A small business con. the agencies, including the basis of cern for the purpose of Government action, in order that each executive procurement is a concern, including its agency may be informed of actions

affiliates, which is independently taken by each other agency. In gener

owned and operated, is not dominant al application, this listing will be for

in the field of operation in which it is information purposes only and it is

bidding on Government contracts, and not intended to take the place of, or be

can further qualify under the criteria an addition to, the lists maintained by

set forth in this $ 1-1.701. "Concern"

means any business entity organized the various agencies.

for profit with a place of business lo(b) Furnish to any agency, on specif.

cated in the United States which ic request, a copy of the notice reflect

makes a significant contribution to the ing the basis for debarment action

U.S. economy through payment of taken by another agency for causes

taxes and/or use of American prodcontained in § 1-1.604(a) or under the ucts, material, and/or labor, etc. Con. Buy American Act.

cern" includes but is not limited to an individual, partnership, corporation,

joint venture, association, or cooperative. For the purpose of making affiliation findings (see § 1-1.701-2) any business entity, whether organized for profit or not, and any foreign entity; i.e., any entity located outside the United States, shall be included. Annual receipts” means the gross income (less returns and allowances, sales of fixed assets, and interaffiliate transactions) of a concern (and its domestic and foreign affiliates) from sales of products and services, interest, rents, fees, commissions, and/or from whatever other source derived, as entered on its regular books of account for its most recently completed fiscal year (whether on a cash, accrual, completed contracts, percentage of completion, or other acceptable accounting basis) and, in the case of a concern subject to U.S. Federal income taxation, reported or to be reported to the Department of the Treasury, Internal Revenue Service, for Federal income tax purposes. If a concern has been in business less than a year its annual receipts shall be computed by determining its average weekly receipts for the period in which it has been in business and multiplying such figure by 52. If a concern has acquired an affiliate during the applicable ac.counting period, it is necessary in computing the concern's annual receipts to include the affiliate's receipts during the accounting period, rather than only its receipts during the period in which it has been an affiliate. The receipts of a former affiliate are not included even if such concern had been an affiliate during a portion of the applicable accounting period.

(1) If a procurement calls for more than one item and the bidder can bid on any or all items, the bidder must meet the size standard for each item on which it submits a bid. If a procurement calls for more than one item and a bidder is required to bid on all or none of such items, the bidder can qualify as a small business for such procurement if it meets the size standard for the item accounting for the greatest percentage of the total contract value. (For size standard purposes, a product or service is classified into only one industry, even though,

for other purposes, it could be classified into more than one industry.)

(2) If no standard for an industry, field of operation, or activity (e.g., animal specialty; fin fish; management-logistics support to be performed outside the United States) has been set forth in this § 1-1.701-1, a concern bidding on a Government contract is a small business if, including its affiliates, it is independently owned and operated, is not dominant in the field of operations in which it is bidding on Government contracts, and has 500 employees or less.

(b) Construction. Any concern bidding on a Government contract for construction, alteration, or repair (including painting and decorating) of buildings, bridges, or other real property, or other work which is classified in Division C, Contract Construction of the Standard Industrial Classification Manual, as amended, prepared and published by the Office of Management and Budget (formerly Bureau of the Budget), Executive Office of the President, is classified:

(1) General. As small if its average annual receipts for its preceding 3 fiscal years do not exceed $12 million: Provided, however, That if 75 percent or more (by value) of the work called for by the contract is classified in one of the industries, subindustries, or class of products set forth in this paragraph, it is small if it does not exceed the size standard established therein for that industry. (See § 1-1.701-11 for size standard differentials which are applicable to specified nonforeign areas.)

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size

ANNUAL RECEIPTS SIZE STANDARDS FOR PUR- Codes 30111 and 30112 which it manu.

POSES OF BIDDING ON PROCUREMENTS FOR factured in the United States during CONSTRUCTION SPECIAL TRADE CONTRAC the preceding calendar year is more TORS—Continued

than 50 percent of the value of its

total worldwide manufacture, (ii) the Average (3

value of the pneumatic tires within Census

yr) annual Census Classification Codes 30111 and

receipts classifi Industry, subindustry, or class of

30112 which it manufactured worldcation products

standard code

wide during the preceding calendar (maximum in millions)

year was less than 5 percent of the

value of all such tires manufactured in 1731 Electrical work..

the United States during said period, 1741 Masonry, stone setting and

and (iii) the value of the principal other stonework.

products which it manufactured or 1742 Plastering, drywall, acoustical, and insulation work ..........

otherwise produced or sold worldwide 1743 Terrazzo, tile, marble, and

during the preceding calendar year is mosaic work ............

less than 10 percent of the total value 1751 Carpentering and flooring.

of such products manufactured or oth1752 Floor laying and other floorwork, not elsewhere classified ..

erwise produced or sold in the United 1761 Roofing and sheet metal work......

States during said period. 1771 Concrete work.........

(3) Passenger cars. As small if it is 1781 Water well drilling 1791 Structural steel erection......

bidding on a contract for passenger 1793 Glass and glazing work...........

cars within Census Classification Code 1794 Excavating and foundation work ..

37171: Provided, That: (i) The value of 1795 Wrecking and demolition work....

the passenger cars within Census Clas1796 Installation or erection of building equipment, not elsewhere

sification Code 37171 which it manu. classified ................

factured or otherwise produced in the 1799 Special trade contractors, not

United States during the preceding elsewhere classified ....

calendar year is more than 50 percent

of the value of its total worldwide (2) Dredging. As small if it is bidding manufacture or production of such on a contract for dredging and: (i) Its passenger cars, (ii) the value of the average annual receipts for its preced passenger cars within Census Classifiing 3 fiscal years do not exceed $9.5 cation Code 37171, which it manufacmillion (see § 1-1.701-11 for size stand- tured or otherwise produced during ard differentials which are applicable the preceding calendar year was less to specified nonforeign areas), and (ii) than 5 percent of the total value of all It performs the dredging of at least 40 such cars manufactured or produced percent of the yardage advertised in in the United States during the said the plans and specifications with period, and (iii) the value of the prin dredging equipment owned by the cipal products which it manufactured bidder or obtained from another small or otherwise produced or sold during business dredging concern.

the preceding calendar year is less (c) Manufacturing. Any concern bid. than 10 percent of the total value of ding on a contract for a product it such products manufactured or othermanufactured is classified:

wise produced or sold in the United (1) Food canning and preserving. As States during said period. small if it is bidding on a contract for (4) Rebuilding on, a factory basis of food canning and preserving and its equivalent. As small if it is bidding on number of employees does not exceed a contract for rebuilding machinery or 500 persons, exclusive of agricultural equipment on a factory basis, the purlabor as defined in the Federal Unem pose of which is to restore such maployment Tax Act, 26 U.S.C. 3306(k). chinery or equipment to as serviceable

(2) Pneumatic tires. As small if it is and as like new condition as possible bidding on a contract for pneumatic and its number of employees does not tires within Census Classification exceed the number of employees speciCodes 30111 and 30112: Provided, fied for the classification code applicaThat: (i) The value of the pneumatic ble to the manufacturer of the origitires within Census Classification nal item.

NOTE: The size standard contained herein furnish such products which have is not limited to concerns who are manufac- been furnished by a small finisher. turers of the original item but is applicable

(Finishing of thread is defined as all

Tinichi to all bidders or offerors. The term “rebuild

"dyeing, bleaching, glazing, mildew *ing on a factory basis” as used in this sub-section does not include ordinary repair

proofing, coating, waxing, and other services such as those involving minor applications required by the pertinent repair and/or preservation operations.

specification, but excluding merceriz(5) Manufacturing industries listed

ing, spinning, throwing, or twisting opin § 1-1.701-1(h). As small if it is bid

erations.") If the procurement is for a

refined petroleum product, other than ding on a contract for a product classi

a product classified in Standard Indusfied within an industry set forth in paragraph (h) of this section and its

trial Classification Industries No. 2951, number of employees does not exceed

Paving mixtures and blocks, No. 2952, the size standard established for that

Asphalt felts and coatings, No. 2992,

Lubricating oils and greases, or No. industry. (6) Manufacturing industries not

2999, Products of petroleum and coal, listed in § 1-1.701-1(h). As small if it is

not elsewhere classified, paragraph (i) bidding on a contract for a product

of this section is for application. classified within an industry not set

("Nonmanufacturer" means any conforth in paragraph (h) of this section

cern which in connection with a speand its number of employees does not

cific Government procurement conexceed 500 persons.

tract, other than a construction or (d) Small business nonmanufacturer.

service contract, does not manufacture Any concern which submits a bid or

or produce the products required to be offer in its own name, other than for a furnished by such procurement. Nonconstruction or service contract, but manufacturer includes a concern which proposes to furnish a product which can manufacture or produce the not manufactured by itself, is deemed products referred to in the specific to be a small business concern when: procurement, but does not do so in

(1) It is a small business concern connection with that procurement.) within the meaning of § 1-1.701-1(a); (e) Research, development, and test

(2) Its number of employees does not ing. Any concern bidding on a contract exceed 500 persons; and

for research, development, and/or (3) In the case of Government pro- testing is classified: curement reserved for or involving the (1) As small if it is bidding on a conpreferential treatment of small busi tract for research and/or development ness concerns (including equal low which requires delivery of a manufacbids), such nonmanufacturer shall fur tured product and: (i) It qualifies as a nish in the performance of the con- small business manufacturer within tract the products of a small business the meaning of $ 1-1.701-1(c) for the manufacturer or producer which prod- industry into which the product is ucts are manufactured or produced in classified, or (ii) it qualifies as a small the United States. However, if the pro business nonmanufacturer within the curement has an anticipated value of meaning of § 1-1.701-1(d). less than $10,000 and is subject to, and (2) As small if it is bidding on a conis procured under, the "small purchase tract for research and/or development procedures" (see Subpart 1-3.6), a non which does not require delivery of a manufacturer may furnish any domes- manufactured product or on a contically produced or manufactured tract for testing and its number of emproduct. Subject to the foregoing, if ployees does not exceed 500 persons. the goods to be furnished are woolen, (f) Services. Any concern bidding on worsted, knitwear, duck and webbing, a contract for services is classified: dealers and converters shall furnish (1) General. As small if it is bidding such products which have been manu on a contract for services (including factured or produced by a small but not limited to services set forth in weaver (small knitter for knitwear) Division I, Services, of the Standard and, if finishing is required, by a small Industrial Classification Manual) not finisher. If the procurement is for elsewhere defined in this section and thread, dealers and converters shall its average annual receipts for its pre

ceding 3 fiscal years do not exceed $2 million (see § 1-1.701-11 for size stand ard differentials which are applicable to specified nonforeign areas).

(2) Engineering. As small if it is bidding on a contract for engineering services other than marine engineering service and its average annual receipts for its preceding 3 fiscal years do not exceed $7.5 million (see 811.701-11 for size standard differentials which are applicable to specified non foreign areas).

(3) Motion pictures. As small if it is bidding on a contract for motion picture production or motion picture services and its average annual receipts for its preceding 3 fiscal years do not exceed $8 million (see § 1-1.70111 for size standard differentials which are applicable to specified nonforeign areas).

(4) Janitorial and custodial. As small if it is bidding on a contract for janitorial and custodial services and its average annual receipts for its preceding 3 fiscal years do not exceed $4.5 million (see § 1-1.701-11 for size standard differentials which are applicable to specified nonforeign areas).

(5) Base maintenance. As small if it is bidding on a contract for base maintenance and its average annual receipts for its preceding 3 fiscal years do not exceed $7.5 million (see $ 11.701-11 for size standard differentials which are applicable to specified non foreign areas).

(6) Marine cargo handling. As small if it is bidding on a contract for marine cargo handling services and its average annual receipts for its preceding 3 fiscal years do not exceed $7.5 million (see § 1-1.701-11 for size standard differentials which are applicable to specified nonforeign areas).

(7) Naval architectural and marine engineering. As small if it is bidding on a contract for naval architectural and marine engineering services and its average annual receipts for its preceding 3 fiscal years do not exceed $9 million (see § 1-1.701-11 for size standard differentials which are applicable to specified nonforeign areas).

(8) Food services. As small if it is bidding on a contract for food services and its average annual receipts for its preceding 3 fiscal years do not exceed

$5.5 million (see $ 1-1.701-11 for size standard differentials which are applicable to specified nonforeign areas).

(9)(i) Laundry. As small if it is bidding on a contract for laundry services including linen supply, diaper services, and industrial laundering and its average annual receipts for its preceding 3 fiscal years do not exceed $4 million (see § 1-1.701-11 for size standard differentials which are applicable to specified nonforeign areas).

(ii) Cleaning and dyeing. As small if it is bidding on a contract for cleaning and dyeing (including rug cleaning) services and its average annual receipts for its preceding 3 fiscal years do not exceed $1.5 million (see § 11.701-11 for size standard differentials which are applicable to specified nonforeign areas).

(10) Computer programing. As small if it is bidding on a contract for computer programing services and its average annual receipts for its preceding 3 fiscal years do not exceed $4 million (see § 1-1.701-11 for size standard differentials which are applicable to specified nonforeign areas).

(11) Flight training. As small if it is bidding on a contract for flight training services and its average annual receipts for its preceding 3 fiscal years do not exceed $7 million (see § 1-1.70111 for size standard differentials which are applicable to specified nonforeign areas).

(12) Motorcar and truck rental and leasing. As small if it is bidding on a contract for motorcar rental and leasing services or truck rental and leasing services and its average annual receipts for its preceding 3 fiscal years do not exceed $7 million (see § 1-1.70111 for size standard differentials which are applicable to specified nonforeign areas).

(13) Tire recapping. As small if it is bidding on a contract for tire recapping services and its average annual receipts for its preceding 3 fiscal years do not exceed $4 million (see § 1-1.70111 for size standard differentials which are applicable to specified nonforeign areas). This paragraph applies only to procurements requiring the services of tire retreading and repair shops (Standard Industrial Classification Industry No. 7534, Tire Retread

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