C.F.R. » Title 13 » CHAPTER I—SMALL BUSINESS ADMINISTRATION › PART 121—SMALL BUSINESS SIZE REGULATIONS › Subpart A—Size Eligibility Provisions and Standards

13 C.F.R. § 121.1002

Who makes a formal size determination?

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The responsible Government Contracting Area Director or designee makes all formal size determinations in response to either a size protest or a request for a formal size determination, with the exception of size determinations for purposes of the Disaster Loan Program, which will be made by the Disaster Area Office Director or designee responsible for the area in which the disaster occurred.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1998–2022 · leading case: PlanetSpace Inc. v. United States, 92 Fed. Cl. 520 (Fed. Cl. 2010).
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PlanetSpace Inc. v. United States, 92 Fed. Cl. 520 (Fed. Cl. 2010). “" (citation omitted)); see also 13 C.F.R. § 121.1002 (“The responsible [SBA] Government Contracting Area Director or designee makes all formal size determinations in response to either a size protest or a request for a formal size determination.”
White Hawk Grp., Inc. v. United States, 91 Fed. Cl. 669 (Fed. Cl. 2010). “1, 7 (2008) (citing 13 C.F.R. § 121.1002 ). Although the procuring agency has no role in deciding the size protest, the contracting officer has a duty in an 8(a) set aside acquisition to ensure that the contractor awarded the contract satisfies the requisite size requirements.”
DSE, Inc. v. United States, 3 F. Supp. 2d 1464 (D.D.C. 1998). “13 C.F.R. § 121.1002 . Following this procedure, Plaintiff DSE challenged AMTEC’s small business size status in a January 23, 1998 letter written to the Army’s Contracting Officer, Mr.”
Safeguard Base Operations, LLC v. United States (Fed. Cl. 2019). “” 13 C.F.R. § 121.1002 (2019). The SBA will attempt to issue a formal size determination within fifteen days of receipt of the size protest.”
Kingfisher Sys., Inc. v. United States (Fed. Cl. 2019). “13 C.F.R. § 121.1002 ; FAR 19.301-1(c); FAR 19.”
Btas, Inc. v. United States (Fed. Cl. 2021). “13 C.F.R. § 121.1002 ; FAR 19.301-1(c); FAR 19.”
Swift & Staley, Inc. v. United States (Fed. Cl. 2022). “This additional wrinkle does not change the fact that OHA was acting in its capacity as an appellate forum, reviewing SSI’s appeal of the Area Office’s size determination upon remand from this Court.”
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