48 C.F.R. § 19.102

19.102 Small business size standards and North American Industry Classification System codes.

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(a) Locating size standards and North American Industry Classification System codes. (1) SBA establishes small business size standards on an industry-by-industry basis. Small business size standards and corresponding North American Industry Classification System (NAICS) codes are provided at 13 CFR 121.201. They are also available at https://www.sba.gov/document/support--table-size-standards.

(2) NAICS codes are updated by the Office of Management and Budget through its Economic Classification Policy Committee every five years. New NAICS codes are not available for use in Federal contracting until SBA publishes corresponding size standards. NAICS codes are available from the U.S. Census Bureau at https://www.census.gov/naics/.

(3) SBA determines the size status of a concern, including its affiliates, as of the date the concern represents that it is small to the contracting officer as part of its initial offer, which includes price.

(4) When an agency uses a solicitation for a multiple-award contract that does not require offers for the contract to include price, SBA determines size as of the date of initial offer for the multiple-award contract, whether or not the offer includes price or the price is evaluated. (See 13 CFR 121.404(a)(1)(iv)).

(b) Determining the appropriate NAICS codes for the solicitation. (1) Unless required to do otherwise by paragraph (b)(2)(ii)(B) of this section, contracting officers shall assign one NAICS code and corresponding size standard to all solicitations, contracts, and task and delivery orders. The contracting officer shall determine the appropriate NAICS code by classifying the product or service being acquired in the one industry that best describes the principal purpose of the supply or service being acquired. Primary consideration is given to the industry descriptions in the U.S. NAICS Manual, the product or service descriptions in the solicitation, the relative value and importance of the components of the requirement making up the end item being procured, and the function of the goods or services being purchased. A procurement is usually classified according to the component that accounts for the greatest percentage of contract value.

(2)(i) For solicitations issued on or before October 1, 2028, that will result in multiple-award contracts, the contracting officer shall assign a NAICS code in accordance with paragraph (b)(1) of this section.

(ii) For solicitations issued after October 1, 2028, that will result in multiple-award contracts, the contracting officer shall—

(A) Assign a single NAICS code (and corresponding size standard) that best describes the principal purpose of both the acquisition and each subsequent order; or

(B) Divide the acquisition into distinct portions or categories (e.g., line item numbers, Special Item Numbers, sectors, functional areas, or equivalent) and assign each portion or category a single NAICS code and size standard that best describes the principal purpose of the supplies or services to be acquired under that distinct portion or category.

(3)(i) When placing orders under multiple-award contracts with a single NAICS code, the contracting officer shall assign the order the same NAICS code and corresponding size standard designated in the contract.

(ii) When placing orders under multiple-award contracts with more than one NAICS code, the contracting officer shall assign the order the NAICS code and corresponding size standard designated in the contract for the distinct portion or category against which the order is placed. If an order covers multiple portions or categories, select the NAICS code and corresponding size standard designated in the contract for the distinct portion or category that best represents the principal purpose of the order.

(4) The contracting officer's designation is final unless appealed in accordance with the procedures in 19.103.

(c) Application of small business size standards to solicitations. (1) The contracting officer shall apply the size standard in effect on the date the solicitation is issued.

(2) The contracting officer may amend the solicitation and use the new size standard if SBA amends the size standard and it becomes effective before the due date for receipt of initial offers.

[85 FR 11757, Feb. 27, 2020, as amended at 85 FR 27101, May 6, 2020; 86 FR 31074, June 10, 2021; 87 FR 58244, Sept. 23, 2022; 88 FR 9737, Feb. 14, 2023; 89 FR 70298, Aug. 29, 2024]

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1984–2021 · leading case: Red River Serv. Corp. v. United States, 60 Fed. Cl. 532 (Fed. Cl. 2004).

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Red River Serv. Corp. v. United States, 60 Fed. Cl. 532 (Fed. Cl. 2004). · cites it 11× “]” 48 C.F.R. § 19.102 (b)(1) (emphasis added); see also 13 C.”

B & B Med. Servs., Inc. v. United States, 114 Fed. Cl. 658 (Fed. Cl. 2014). · cites it 2× “at 635-37; 48 C.F.R. § 19.102 (f). 1 The solicitation was issued in place of an earlier one which had been designated with the services NAICS code 532291, and thus would have been restricted to offerors with annual receipts of $7 million or less.”

United States ex rel. Fisher v. Network Software Assocs., 227 F.R.D. 4 (D.D.C. 2005). “Relator summarizes his reasons for needing additional discovery as follows: • Defendants have egregiously avoided the undisputed evidence showing that NSA’s annual receipts exceeded $30 million, [ ] which means that NSA falsely certified it was a “small business” {see 48 C.F.R.…”

C C Distributors, Inc. v. United States, 38 Fed. Cl. 771 (Fed. Cl. 1997). “48 C.F.R. § 19.102 (d) (1996). Moreover, the RFP, when it was first issued, stated that the “contractor shall maintain and operate material acquisition function IAW AFP 85-81, and AFM 67-1 series to provide support for all Civil Engineering activities.”

Rubber Millers, Inc. v. United States, 596 F. Supp. 210 (D.D.C. 1984). “42,242 (to be codified at 48 C.F.R. § 19.102 ). The second provision on which Rubber Millers relies is 10 U.”

Palladian Partners, Inc. v. United States, 119 Fed. Cl. 417 (Fed. Cl. 2014). · cites it 2× “The judge in Red River found “the Air Force CO’s selection of NAICS Code 811212 did not comply with 48 C.F.R. § 19.102 (b)(1), which requires the NAICS code selected to ‘best describ[e] the principal nature of the .”

B&B Med. Servs., Inc. v. United States (Fed. Cl. 2014). · cites it 2× “at 635–37; 48 C.F.R. § 19.102 (f). 1 The solicitation was issued in place of an earlier one which had been designated with the services NAICS code 532291, and thus would have been restricted to offerors with annual receipts of $7 million or less.”

United States of Am. v. Cardinal Health Inc (E.D. Wash. 2021). “66 at 22 (quoting 48 C.F.R. § 19.102 (f)(1) (2011)). 20 UPPI alleges that after the contracts were awarded, the Government “ordered 21 drugs from Cardinal, the SDVOSB Defendants billed the Government, and Cardinal 1 billed the SDVOSB Defendants slightly less than they had billed…”

Young-Robinson Assocs., Inc. v. United States, 760 F. Supp. 212 (D.D.C. 1991). “See 48 C.F.R. § 19.102 (chart). Thus, any business small enough to qualify as a small business in the warehousing trade was small enough to qualify as a small business in the local business trade, and error in the Interim Solicitation was harmless.”

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