13 C.F.R. § 121.401
What procurement programs are subject to size determinations?
The rules set forth in §§ 121.401 through 121.412 apply to all Federal procurement programs for which status as a small business is required or advantageous, including the small business set-aside program, SBA's Certificate of Competency program, SBA's 8(a) Business Development program, SBA's HUBZone program, the Women Owned Small Business (WOSB) Federal Contract Program, SBA's Service-Disabled Veteran-Owned Small Business program, the Small Business Subcontracting program, and the Federal Small Disadvantaged Business (SDB) program.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1991–2024 · leading case: Tinton Falls Lodging Realty, LLC v. United States, 800 F.3d 1353 (Fed. Cir. 2015).
Tinton Falls Lodging Realty, LLC v. United States, 800 F.3d 1353 (Fed. Cir. 2015). “See 13 C.F.R. § 121.401 . For exam- ple, solicitations for certain government procurements, like the solicitation here, are limited to “small business concerns.”
Rotech Healthcare Inc. v. United States, 71 Fed. Cl. 393 (Fed. Cl. 2006). “13 C.F.R. § 121.401 (2006). The agency’s contracting officer must select a NAICS code for each procurement no later than the date on which the solicitation is issued.”
Whitaker v. Belt Concepts of Am., Inc. (In Re Olympia Holding Corp.), 189 B.R. 846 (Bankr. M.D. Fla. 1995). “Each SIC code provides a guideline for determining whether a concern is a small business based on average annual revenue or average number of employees.”
Whitaker v. Power Brake Supply, Inc. (In Re Olympia Holding Corp.), 188 B.R. 287 (M.D. Fla. 1994). “Defendant claims it is a small business as defined in 13 C.F.R. §§ 121.401 & 121.601. In support of its claim, Defendant submits the affidavit of W.”
York Telecom Corp. v. United States, 130 Fed. Cl. 186 (Fed. Cl. 2017). “1 (2006)); 13 C.F.R. §§ 121.401 , 121.402; see also Rotech Healthcare Inc.”
Stellacom, Inc. v. United States, 24 Cl. Ct. 213 (Ct. Cl. 1991). “Specifically, plaintiff included the revenues listed on the tax returns of its affiliate, Walter Bennett Company (WBC) as required by 13 C.F.R. § 121.401 (1991). WBC, an advertising agency, owns 72% of plaintiff’s stock.”
Stellacom, Inc. v. United States, 783 F. Supp. 647 (D.D.C. 1992). “13 C.F.R. § 121.401 , et seq. In particular, a business will qualify as “small” for purposes of SBA programs if it has less than a specified level of average annual receipts.”
Shop Rite Inc v. U S Small Bus. Admin. (W.D. La. 2024). “82 13 C.F.R. § 121.401 . 15 Rite locations, and [greater than] 72% of its employees are engaged in the preparation and provision of meals, snacks, and beverages for immediate on-premises and off-premises consumption.”
Dani Enter., Inc. v. United States Small Bus. Admin., 757 F. Supp. 99 (D.D.C. 1991). “The primary SBA regulation at issue in this case is 13 C.F.R. § 121.401 (m) (1990), which sets forth specific tests and criteria for determining whether an “affiliation,” or control, exists between a franchisee and a franchisor such that the franchisee cannot be considered a…”
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