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. § 121.101

What are SBA size standards?

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(a) SBA's size standards define whether a business entity is small and, thus, eligible for Government programs and preferences reserved for “small business” concerns. Size standards have been established for types of economic activity, or industry, generally under the North American Industry Classification System (NAICS).

(b) NAICS is described in the North American Industry Classification Manual-United States, which is available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161; by calling 1(800) 553-6847 or 1(703) 605-6000; or via the Internet at http://www.ntis.gov/products/naics.aspx. The manual includes definitions for each industry, tables showing relationships between 1997 NAICS and 1987 SICs, and a comprehensive index. NAICS assigns codes to all economic activity within twenty broad sectors. Section 121.201 provides a full table of small business size standards matched to the U.S. NAICS industry codes. A full table matching a size standard with each NAICS Industry or U.S. Industry code is also published annually by SBA in the Federal Register.

[65 FR 30840, May 15, 2000, as amended at 67 FR 52602, Aug. 13, 2002; 74 FR 46313, Sept. 9, 2009]
Notes of Decisions
Cited in 35 cases (13 in the last 5 years), 1998–2026 · leading case: Advanced Sys. Tech., Inc. v. United States, 69 Fed. Cl. 474 (Fed. Cl. 2006).
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Advanced Sys. Tech., Inc. v. United States, 69 Fed. Cl. 474 (Fed. Cl. 2006). · cites it 4× “” 13 C.F.R. § 121.101 (a). To determine which entities qualify as small business concerns, SBA uses the North American Industry Classification System.”
Rotech Healthcare Inc. v. United States, 71 Fed. Cl. 393 (Fed. Cl. 2006). · cites it 2× “1 (2006) (citing 13 C.F.R. §§ 121.101 , 121.402 (2006)). Here, the procurement bears NA-ICS code 532291, titled “Home Health Equipment Rental.”
Pharaohs GC, Inc. v. United States Small Bus. Admin., 990 F.3d 217 (2d Cir. 2021). “13 C.F.R. § 121.101 . For many industries, businesses with 500 employees (or fewer) are not considered small businesses, whether because the cutoff is much lower than 500 employees or because the standard is based on a business’s revenue instead of its number of employees.”
Ceres Env't Servs., Inc. v. United States, 52 Fed. Cl. 23 (Fed. Cl. 2002). “5, 2000) (amending 13 C.F.R. § 121.101 ). Although the SBA has amended 13 C.”
Ironclad/EEI v. United States, 78 Fed. Cl. 351 (Fed. Cl. 2007). “15 (b) (2007) provides that a service disabled veteran owned small business concern, like Ironclad Services, "may enter into a joint venture agreement with one or more other [small business concerns] for the purpose of performing an SDVO contract.”
Chapman Law Firm v. United States, 63 Fed. Cl. 25 (Fed. Cl. 2004). “); and 13 C.F.R. § 121.101 (a) (2003) ("SBA's size standards define whether a business entity is small and, thus, eligible for Government programs and preferences reserved for 'small business’ concerns.”
Red River Serv. Corp. v. United States, 60 Fed. Cl. 532 (Fed. Cl. 2004). “See 13 C.F.R. § 121.101 ; 48 C.F.R. § 19.102 ; 48 C.”
Iei-Cityside Jv v. United States, 122 Fed. Cl. 750 (Fed. Cl. 2015). · cites it 2× “” 13 C.F.R. §§ 121.101 (a). The SBA uses the North American Industry Classification System (“NAICS”) to establish these size standards, which are generally based on either the number of employees or annual receipts of the business concern and its business affiliations.”
Greater Dallas Home Care All. v. United States, 10 F. Supp. 2d 638 (N.D. Tex. 1998). “; 13 C.F.R. § 121.101 et seq. 14 . None of HCFA's discretionary input could be of sufficient magnitude to necessitate an analysis pursuant to 5 U.”
Metro Mach. Corp. v. United States Small Bus. Admin., 305 F. Supp. 2d 614 (E.D. Va. 2004). “Title 13 C.F.R. 121.101(a) provides that a business entity is “small and, thus, eligible for Government programs and preferences reserved for ‘small business’ concerns,” if that entity meets industry-specific size standards set forth in 13 C.”
Advanced Sys. Tech., Inc. v. United States, 74 Fed. Cl. 171 (Fed. Cl. 2006). “See generally 13 C.F.R. §§ 121.101 , 121.402. . Only a summary of the facts relevant to Plaintiff's EAJA application are provided herein.”
Vets. Tech. LLC v. United States (Fed. Cl. 2018). · cites it 3× “§ 1491 (Bid Protest Jurisdiction); * 13 C.F.R. §§ 121.101 (What Are SBA Size * Standards?); 121.”
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— 13 C.F.R. § 121.101(a) — 1 case
Metro Mach. Corp. v. United States Small Bus. Admin., 305 F. Supp. 2d 614 (E.D. Va. 2004). “Title 13 C.F.R. 121.101(a) provides that a business entity is “small and, thus, eligible for Government programs and preferences reserved for ‘small business’ concerns,” if that entity meets industry-specific size standards set forth in 13 C.”
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