case we didn't have oral argument i'd like to simplify this case by asking the panel to assume the sake of this argument that the lower court correctly held that the structure which is not robotics played in either one of the briefs that if the contract was improperly award because there was a one fifty are small businesses requirement that the under say if in fact the government of mistakenly awards a contract to somebody who has more than one hundred fifty employees and that that was improper and that the regulations say that you had to have fewer than one hundred fifty employees the government is in fact obligated to terminate that contract right you wonder if the solicitation limited eligibility for contract awards to contractors contract because it's contrary to the requirements of the small business that i disagree with that in addition what kay says that that that's the case because there certainly the regulations talk about governs obligations to agency to award the contract to my cl isn't the government obligated to terminate a contract which was improperly award i think that's right yeah well that's your problem so the question is then what's the right size standard hundred employees you didn't challenge the co right no we didn't challenge that we're trying to enforce a question what is the what is the what's the size standard under this what's this about what's the size standard under this code one hundred fifty how is it that you can get this contract if you have over one hundred fifty employees because the solicitation said that the small business side standard for and i mean a fracture like my client is five hundred employees in the  mistake if they made a mistake the government still is obligated to terminate the contract because it wasn't properly awarded your honor i think when it's  and assuming that the q and a's rendered it ambiguous that ambiguity was cured by later amendments which repeated the five hundred employees i stand here if the government possible for the government to continue a contract which was improperly awarded i mean forest section one twenty one point one thousand and nine g two specifically says if there's an award that was mistake in describing the size standard in the contract if the size standard is one hundred fifty and you don't have one hundred fifty they have to terminate the comp i know you're one of those regulations on controlling here the you have a bit protest but that i don't understand why the regulations were trying to figure out where the government could properly terminate this contract right away and the regulation seems to say if the size standard makes the vitter ineligible you're supposed to terminate the contract right your honor that this what i'm challenging in your in your question is your statement that the regulations limit the size standard to the next code which here is one hundred fifty employees they do not small business administration's regulation at thirteen c f or one twenty one point four zero two isn't titled what size standards are political the federal government contracting programs i understand that and i think you have an argument that the size standard should not be one hundred fifty because of the way that regulation is written but i'm just trying to get you to focus on what it seems to me is that right standard and that is what was the rights and standard for this  five hundred employees just like this one station said why is that true because that regulation one of the side standards says in paragraph a you're small if you make the next code paragraph the tumut says for a non manufacturer anonyma answers rendered this was attention ambiguous as to whether or not the five hundred employees standard applied that was cured in later amendments which repeated the five hundred police i asked if the second area that the court made was absent its interpretation of the instructions to offer us the fark laws because the court held that that clause requires an offer to meet both the next code and the five hundred employee cited standard if you're i'm not manufacture and that's contrary to flee meaning of that the it requires us to put in words in that provision that are not there and  result the court will not hear said that provision required means that you have to have fewer than five hundred employees to compete for the contract but you have to have fewer than one hundred fifty employees to be eligible for award let doesn't give meaning to the five hundred employee standard in that sense no one's going to compete for a contract if they're an ineligible for a wart so it doesn't give meaning to it so that's an improper interpretation of the government's position here and i think judge dyke you were consistent with that and that and it's undisputed that my client needs that standard so that the contract was properly awarded to my client and the court's decision to the contrary should be reversed your honor i've reserved five minutes for a rebuttal and if you have questions of me i'd love to answer them otherwise i'll reserve my remaining time for rebuttal and he can reserve the remainder of your t standard and the small business administration determines the correct standard in this case one hundred fifty right yes your honor ok i don't think you made that very clear in your group so the question then boils down to whether the regulations impose here or one fifty size standard or the five hundred size ten and i think the regulations are a mess because they seem to be internally contradictory well your hon dick you're correctly explaining that there are section fifteen a the small business act permits the s b a to set a small set small business set asides and then section three a for the act permits the s b a to set size standard this is a services contract and yet the regulations seem to say that the infraction will have something to do it right yes your honor the the with the nine manufacturer rule basically once you've when something's been set aside for a small business  then there are certain limitations that still govern and those are the limitations on sub contracting in there are different limitations those are in section forty six of the act if it's a park you're meant for services or for supplies or if you're if you're buying supplies  who manufactures it or if you're buying supplies from someone who's reselling a product produced by somebody else and that's what we're dealing with here upset reselling a product and providing services for something that is produced by someone else in that case the nine manufacturer rule would then provide additional restrictions in that you have to provide the product of a domestic small business manufacturer so they are so the hundred fifty employer employee employer in the reference to that on manufacture will make no sense right i don't know that it may meet a sense it didn't require it to the extent there was a supply component which was acknowledged in the two thousand and sixteen final roll it said that  is is known as a shorthand for the nine manufacture rule and the statute specifically states that in order to qualify under the non manufacturing rule so even assuming that supply and that applies that you have to be you have to meet th in one twenty one it in addition since in addition the offshore must comply with the manufacture and performance requirements or comply with mom and factory which among other things would require that  fracturable which does not in fact exist as a requirement with respect to someone  wasn't contrary for the statute and regulations it shouldn't determine in youth and here you went to the small business administration you got a ruling as to what was required they said one hundred fifty so it's not some are hey you're would dress well i'm sorry your honor the yes we our deference in this case i don't remember it being cited anywhere your honor and we articulated it in terms of the statute because the extent any regulation conflicts with the statute and that would be decision of the office of hearings and appeals under said now to be that the north american industrial classification system or nice code of the statute is clear that they would under no circumstances be entitled to the protection of the nine manufacturer rule because they do not meet the size standard established for the solicitation which the cited standards are established in the statute through fifteen a and through three and a which says that only the s b a can set size standards so to the extent anything in the clarification and what happened in two thousand and sixteen was that the s b a became concerned that they wanted they were concerned this has a supply component although it still requires there to be a fifteen to fifteen percent value added services in two thousand and sixteen which were not me it's like a pulse this for chairman the s b a determined that given this that there was a supply component that they would have to of they would have to comply with the requirement of the non manufacturable that you provide the product of the domestic small business manufacture  something that they were not required to do before so even though it was still a service is nice code they were establishing this additional requirement that again at that point when they promulgated the rule in two thousand and sixteen they reiterated the one hundred  prior page you'll see that there was a one twenty one point to a line and that it was effective from nov twenty seventh two thousand and thirteen to january twenty first two thousand and fourteen and then you will see the nice code they are that does not have the  not have the in addition language and i believe even your telecom has acknowledged in its and again today the shift in two thousand and sixteen was just to the extent they are supplying products to ensure that they're supplying the product of a for the supply component to ensure that it was the product of a small business manufacture i apologize for the confusion her  standard of engineering consulting a service since makes coat and that's why the non manufacturing rule its five hundred employees i see and it doesn't apply here i want to try to persuade you that  for purposes of government procurement information technology program and classified under this ended industry category that is this next code must consist of at least fifteen percent and not more than fifty percent of value added services as measured by the total contract price and then in the last sentence it says it again says that the value added services can't be have to be less than fifty percent of the total contract price here that means that this exception to five forty one five nineteen the contracting officer had to determine that the principal purpose of this was supplies and that and that services counted for less than fifty percent and so this is a  supply makes code even though it is never a challenge to cope and that under the regulations most talented we're not challenging the code your honor and i didn't i'm sorry for interrupting you we're trying to enforce th equipment the count for more than fifty percent of the contract price and so it's a it's a supply next go and that's the there's no reason why the five hundred employees size unit stayed in the solicitation doesn't apply under the