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Size Standards Affiliation Regulations
NASA Johnson Space Center
Houston, Texas
March 13, 2006
Office of Size Standards
Size Standards Topics
Overview of Size Standards
Affiliation Regulations & Issues Size Protest Process
Q & A’s
Office of Size StandardsOffice of Size Standards
What Is a Small Business?Statutory Criteria
Independently Owned and Operated
Not Dominant in its Field of Operation
Meets Detailed Definition Established SBA Administrator ... and Must Vary to Reflect Industry Differences Source: Section 3(a) of Small Business Act
Office of Size StandardsOffice of Size Standards
Business Concern
Organized for Profit
Place of Business in the United States Makes Significant Contribution to the U.S. Economy
Office of Size StandardsOffice of Size Standards
Size Standards by Industry Sector Most Commonly Used Industry Sector Size Standards
Manufacturing 500 Employees Wholesale Trade 100 Employees
Construction General & Heavy $31.0 Million Special Trades $13.0 Million
Retail Trade & Services $6.5 Million
Agriculture $0.75 Million
Office of Size StandardsOffice of Size Standards
Selected Industry Size Standards
Industry Size Standard
Aircraft Manufacturing 1,500 Employees
Audio & Video Equipment 750 Employees
Computer Services $23.0 Million
Janitorial Services $15.0 Million
Medical Laboratories $12.5 Million
Guard Services $11.5 Million
A& E Services $4.5 Million
Travel Agencies $3.5 Million
Office of Size StandardsOffice of Size Standards
Small Joint Venture
Combined Size of Parties of JV Must be Small Except:
For Certain Procurements Each Party of JV Can be a Small Business “Bundled” Requirement (13 §125.2(d)(1)(i))
Office of Size StandardsOffice of Size Standards
Small JV (Cont.)
Exceeds One-Half of Revenue-Based Size Standard
Exceeds $10 Million for Employee-Based Size Standard
NOTE: Other Requirements for 8(a), HUBZone,
SDB, and SDVOSB Procurements
Office of Size StandardsOffice of Size Standards
Affiliation Regulation
Size of Business Includes the Firm and Others it Owns or Controls
Ensures Benefits to Small Business
Assists Development of Small Business
Office of Size StandardsOffice of Size Standards
Affiliation (Cont.)
Power to Control Through:
Ownership
Majority Ownership
Large Block of Ownership
Office of Size StandardsOffice of Size Standards
Affiliation (Cont.)
Power to Control Through:
Common Management
Financial Relationships
Contractual Relationships
Other Interrelations
Office of Size StandardsOffice of Size Standards
Affiliation (Cont.)
Unusually Reliant Economically Dependent Operating in Concert
Ostensible Subcontracting Primary & Vital Functions
7 Factor Test
Office of Size StandardsOffice of Size Standards
Affiliation (Cont.) 7 Factor Test
1. Who will manage the contract?
2. Which party possesses the requisite background and expertise to carryout contract?
3. Who “chased” the contract?
Office of Size StandardsOffice of Size Standards
Affiliation (Cont.)
4. What degree of collaboration was there on the bid?
5. Are there discrete tasks to be performed or is there a commingling of personnel and materials?
6. What is the relative amount of work to be performed by each?
7. Which party performs the most complex and costly contract functions
Office of Size StandardsOffice of Size Standards
Affiliation (Cont.)
Totality of Circumstances
Specific Facts
Assessment of Control
Office of Size StandardsOffice of Size Standards
Guidance
Regulations 13 CFR 121
Office of Hearings & Appeals Decisions
SBA Size Specialists
Legal Counsel
Office of Size StandardsOffice of Size Standards
Size Protest Process
Office of Size StandardsOffice of Size Standards
13 CFR 121.1001 – 121.1009
CO MUST FORWARD SIZE PROTEST TO SBA
SBA Government Contracting Area Office
Location of Protested Concern
Size Protest Process (Cont.)
Office of Size StandardsOffice of Size Standards
SBA Reviews for: Timeliness Specificity Allegations
Timeframes for Decision
Appeals of Size Determinations to SBA’s Office of Hearings & Appeals
Concluding Comments
Office of Size StandardsOffice of Size Standards
Understand Regulations & OHA Decisions
Common Sense
Policy Changes
Q & A’s
Size Standards Information
http://www.sba.gov/size
“What’s New” Topic
(202) 205-6618
Office of Size StandardsOffice of Size Standards
