---
kind: "section"
citation: "13 C.F.R. § 121.507"
title: "13"
number: "121.507"
heading: "What are the size standards and other requirements for the purchase of Government-owned timber (other than Special Salvage Timber)?"
url: "https://uscodex.org/cfr/13/121.507"
---

# §121.507. What are the size standards and other requirements for the purchase of Government-owned timber (other than Special Salvage Timber)?

- (a) To be small for purposes of the sale of Government-owned timber (other than Special Salvage Timber) a concern must:
  - (1) Be primarily engaged in the logging or forest products industry;
  - (2) Not exceed 500 employees, taking into account its affiliates; and
  - (3) If it does not intend at the time of the offer to resell the timber—
    - (i) Agree that it will manufacture the logs with its own facilities or those of another business which meets the requirements of paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section;
    - (ii) Agree that if it eventually resells the timber, it will resell no more than 30% of the sawtimber volume to other businesses which do not meet the requirements of paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section; and
    - (iii) Agree that if it becomes acquired or controlled by a business which does not meet the requirements of paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section, it will require as a condition of the acquisition or change of control that the acquiring or controlling business resell at least 70% of the sawtimber volume to businesses which do meet the requirements of paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section; or
  - (4) If it intends at the time of offer to resell the timber—
    - (i) Agree that it will not sell more than 30% of such timber (50% of such timber if the concern is an Alaskan business) to a business which does not meet the requirements of paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section; and
    - (ii) Agree that if it becomes acquired or controlled by a business which does not meet the requirements of paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section, it will require as a condition of the acquisition or change of control that the acquiring or controlling business resell at least 70% of the sawtimber volume (or at least 50% of the sawtimber volume, if it is an Alaskan business) to businesses which meet the requirements of paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section.
- (b) For a period of three years following the date upon which a concern purchases timber under a small business set-aside (other than through the Special Salvage Timber Sale program), it must maintain a record of:
  - (1) The name, address and size status of every concern to which it sells the timber or sawlogs; and
  - (2) **The species, grades and volumes of sawlogs sold.**
- (c) For a period of three years following the date upon which a concern purchases timber, it must by contract require all small business repurchasers of the sawlogs or timber it purchased under the small business set-aside to maintain the records described in [paragraph (b)](#b) of this section.
- (d) The Director of Government Contracting may waive one or more of the requirements set forth in paragraphs [(a)(3)](#a-3) and [(a)(4)](#a-4) of this section in limited circumstances where conditions make the requirement(s) impractical or prohibitive. A request for waiver must be made to the Director of Government Contracting and contain facts, arguments, and any appropriate supporting documentation as to why a waiver should be granted.
- (e) Sawtimber volume from Integrated Resource Timber Contracts shall be included in the Computation of Market Share and set-aside trigger.

## Notes

### Amendments

[61 FR 3286, Jan. 31, 1996, as amended at 88 FR 26201, Apr. 27, 2023]

### Authority

Authority: 15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, and 694a(9).

### Source

Source: 61 FR 3286, Jan. 31, 1996, unless otherwise noted.

### Amendments

[61 FR 3286, Jan. 31, 1996, as amended at 88 FR 26201, Apr. 27, 2023]