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2026 Fluid milk .......... 2032 Canned specialties ..... 2043 Cereal preparations .......... 2046 Wet corn milling ......... 2052 Biscuit, crackers, and pretzels...... 2062 Cane sugar refining 2063 Beet sugar ........... 2085 Distilled, rectified, and blended liq

uors........... 2093 | Vegetable oil milk, except cotton

seed and soybean ........ 2096 Shortening, table oils, margarine and

other edible fats and oils, not elsewhere classified .................

7750 1,000 1.000

750 750 750 750

750

ing and Repair Shops) and not to procurements for the repairing and/or retreading of pneumatic aircraft tires which, by reason of the extent and nature of the equipment and operations required, are considered for size standard's purposes to be manufactured within the meaning of Standard Industrial Classification Industry No. 3011, Tires and Inner Tubes (see § 11.701-1(h)).

(14) Data processing. As small if it is bidding on a contract for data processing 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).

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

(16) Helicopters and fixed-wing aircraft. As small if it is bidding on a contract for services requiring the use of one or more helicopters or fixed-wing aircraft and its average annual receipts for its preceding 3 fiscal years do not exceed $3.5 million (see § 11.701-11 for size standard differentials which are applicable to specified nonforeign areas).

(g) Transportation. Any concern bidding on a contract for passenger or freight transportation, not elsewhere defined in this section, is classified:

(1) General. As small if its number of employees does not exceed 500 persons.

(2) Air transportation. As small if it is bidding on a contract for air transportation and its number of employees does not exceed 1,500 persons.

(3) Trucking. As small if it is bidding on a contract for trucking (local and/ or long distance), warehousing, packing and crating, and/or freight forwarding and its average annual receipts do not exceed $7 million (see § 1-1.701-11 for size standard differentials which are applicable to specified nonforeign areas).

(h) Table of specific industry employment size standards for the pur

1,000

750

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2812 | Alkalies and chlorine......
2813 Industrial gases..........
2815 Dyes, dye (cyclic) intermediates, and

organic pigments (lakes and

toners).. 2816 Inorganic pigments..

750 1,000 except communication types.......

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* 1,000

750

750

2818 | Industrial organic chemicals, not

elsewhere classified ... 2819 Industrial inorganic chemicals, not

elsewhere classified ......... 2821 Plastics materials, synthetic resins,

and nonvulcanizable elastomers ..... 2822 Synthetic rubber (vulcanizable elas

tomers)........ 2823 Cellulose man-made fibers........... 2824 Synthetic organic fibers, except cel

lulosesic ..... 2833 | Medicinal chemicals and botanical

products. 2834 Pharmaceutical preparations..... 2841 Soap and other detergents, except

specialty cleaners ..... 2892 Explosives.

3339 Primary smelting and refining of non

ferrous metals, not elsewhere

classified...... 3351 Rolling, drawing, and extruding of

copper ......... 3352 Rolling, drawing, and extruding of

aluminum..... 3356 Rolling. drawing, and extruding of

nonterrous metals, except copper

and aluminum............... 3357 | Drawing and insulating of nonferrous

wire. 3399 Primary metal industries, not else

where classified

1,000 1,000

750

1,000

1,000

750 750

750

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MAJOR GROUP 29-PETROLEUM REFINING AND ALLIED

PRODUCTS 2

3411 Metal cans. 3431 | Enameled iron and metal sanitary

ware......

750

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3511 Steam engines, steam, gas and hy

draulic turbines; and steam gas, and hydraulic turbine generator

set units ....... 3519 | Internal combustion engines, not

elsewhere classified ... Construction machinery and equip

ment ............. 3537 | Industrial trucks, tractors, and trail

ers and stackers .......

Ball and roller bearings ...... 3571 Computing and accounting ma

chines, including cash registers. 3572 Typewriters ............................... 3573 Electric computing equipment........ 3574 Calculating and accounting ma

chines, except electronic comput

ing equipment........... 3585 Refrigerators, refrigeration machin

ery, except household; and complete air conditioning units

750 750

MAJOR GROUP 32-STONE, CLAY, AND GLASS PRODUCTS

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3211 | Flat glass ........... 3221 Glass containers................. 3229 Pressed and blown glass and glass

ware, not elsewhere classified.......... 3241 Cement, hydraulic. 3261 | Vitreous china plumbing fixtures and

china, and earthenware fittings

and bathroom accessories ....... 3275 Gypsum products ........ 3292 Asbestos products........ 3296 Mineral wool. 3297 Nonclay refractories ...

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3312 Blast furnaces (including coke

ovens), steel works, and rolling

mills 3313 Electrometallurgical products. 3315 Steel wire drawing and steel nails

and spikes ........... 3316 Cold rolled sheet, strip and bars...... 3317 Steel pipe and tubes..... 3331 Primary smelting and refining of

copper ................. 3332 Primary smelting and refining of lead.. 3333 | Primary smelting and refining of zinc .. 3334 | Primary production of aluminum...

3612 Power, distribution, and specialty

transformers ........ 3613 | Switchgear and switchboard appara

tus................ ... 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,

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1.000 1,000 750

1,000

750

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750 1.000

750

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
Transi

purpose electron tubes............. 3692 | Primary batteries, dry and wet......... 3694 | Electrical equipment for internal

combustion engines ...........

1,000 750

750 1,000

750

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(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-perday crude oil or bona fide feed stock capacity from owned or leased facilities or from facilities made available 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 paragraphs (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 bid or offer, between the bidder or offeror 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 paragraph (i)(1)(iii) of this section: And provided further, That the exchange of products for products to be delivered 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

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3 The size standards for SIC 30111, 30112, and 37171 are set forth in 88 1-1.701-1(C)(2) and 1-1.701-1(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 classified 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.

for Defense (PAD) District as that in directly: (a) One concern (other than which the small refinery is located; or an investment company licensed i nder

(2) Its number of employees does not the Small Business Investment Act of exceed 500 persons and the product to 1958 or registered under the Ir vestbe delivered to the Government has ment Company Act of 1940, as an endbeen refined by a concern which quali- ed), controls or has the power to confies under paragraph (i)(1) of this trol the other, or (b) a third party or section. The proviso in paragraph

parties (other than an invest ment (i)(1)(iii) of this section that the prod.

company licensed under the Small uct to be delivered in the performance Business Investment Act of 1958 or of the contract will contain at least 90

registered under the Investment Compercent components refined by the

pany Act of 1940, as amended), conbidder from either crude oil or bona

trols or has the power to control both. fide feed stocks contemplates that, in

In determining whether concerns are accomplishing such refining, the

independently owned and operated bidder will utilize its own employees

and whether affiliation exists, considand facilities which it owns or obtains

eration shall be given to all appropriunder a bona fide lease as distin

ate factors, including common ownerguished from any other arrangement

ship, common management, and conhaving the same effect as a lease. The

tractual relationships: Provided, howprovision permitting a concern which

ever, That restraints imposed on a meets the requirements in paragraphs

franchisee by its franchise agreement (i)(1) (i) and (ii) of this section to fur

shall not be considered in determining nish the product of a refinery not

whether the franchisor controls or has qualified as small business if such

the power to control and, therefore, is product is obtained pursuant to a bona

affiliated with the franchisee, if the fide exchange agreement which meets

franchisee has the right to profit from prescribed requirements, contemplates that the product exchanged by the

his effort, commensurate with ownerbidder for the product to be furnished

ship, and bears the risk of loss or failshall have been refined by the bidder

ure, utilizing only its own employees and (32 FR 2626, Feb. 8, 1967) its own facilities or facilities obtained through a bona fide lease. (“Bona fide § 1-1.701-3 Dominance in field of oper. feed stocks” means crude and any ation. other hydrocarbon material actually charged to refinery processing units as

A concern "is not dominant in its distinguished from materials used as

field of operation” when it does not

exercise a controlling or major influcomponents in products to be deliv

ence in a kind of business activity in ered after merely filtering, settling, or

which a number of business concerns blending. “Crude-oil capacity” means

are primarily engaged. In determining the maximum daily average throughput of a refinery in complete oper

whether dominance exists, considera

tion shall be given to all appropriate ation, with allowance for necessary shutdown time for routine mainte

factors, including volume of business, nance, repairs, etc. It approximates

number of employees, financial rethe maximum daily average crude

sources, competitive status or position, runs to stills that can be maintained

ownership or control of materials, for an extended period.)

processes, patents and license agree

ments, facilities, sales territory, and (29 FR 10104, July 24, 1964, as amended at

nature of business activity. 30 FR 9590, July 31, 1965; 32 FR 2624, Feb. 8, 1967; 36 FR 11435, June 12, 1971; 37 FR 81-1.701-4 Small business Government 15372, Aug. 1, 1972; 39 FR 35657, Oct. 3, 1974; 41 FR 3737, Jan. 26, 1976; 41 FR 50687,

subcontractors. Nov. 17, 1976; 45 FR 55721, Aug. 21, 1980) (a) Any concern, in connection with

subcontracts of $10,000 or less which § 1-1.701-2 Affiliates.

relate to Government procurement, Business concerns are affiliates of will be considered a small business each other when either directly or in concern if, including its affiliates, its

tration in defining industries. Its use, therefore, is advisory and not mandatory.) [36 FR 11438, June 12, 1971)

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, part-time, 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) § 1-1.701-6 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 Adminis

§ 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)

81-1.701-8 Set-aside for small business.

A set-aside for small business is the act of reserving an entire procurement (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 exclusive 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]

§ 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

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