Small Business Size Regulations, Small Business Innovation Research (SBIR) Program and Small Business Technology Transfer (STTR) Program
The U.S. Small Business Administration (SBA) has amended its regulations governing size and eligibility for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. This rule implements provisions of the National Defense Authorization Act for Fiscal Year 2012. The rule addresses ownership, control and affiliation for participants in the SBIR and STTR programs. This includes participants that are majority‑owned by multiple venture capital operating companies, private equity firms or hedge funds.
This rule is effective January 28, 2013.
You may read/download SBA’s final rule at Regulations.gov (RIN 3245-AG-46; Docket ID: SBA-2012-0008).
You may also review there the originally proposed rule together with all of the comments that the public had submitted.
SBA issues proposed size standards for NAICS Sector 21, Mining, Quarrying, and Oil and Gas Extraction
The U.S. Small Business Administration (SBA) proposes to increase small business size standards for three industries and retain the current size standard for one industry in North American Industry Classification System (NAICS) Subsector 213, Support Activities for Mining, within NAICS Sector 21, Mining, Quarrying, and Oil and Gas Extraction. NAICS Sector 21 contains four industries with receipts based standards and 19 industries with employee based size standards. As part of its ongoing comprehensive review of all size standards, in this proposed rule, SBA evaluated the four industries that have the receipts based size standards in NAICS Sector 21 to determine whether they should be retained or revised. SBA will review the 19 industries that have the employee based standards in NAICS Sector 21 later.
We invite you to review the proposed rule and submit your comments. The proposed rule explains how to submit your comments to SBA. We recommend that you comment through the Federal eRulemaking Portal: Regulations.gov (RIN 3245 AG44). Follow the instructions there for submitting your comments. SBA will not accept comments submitted by email.
You can read/download the proposed rule at Regulations.gov (RIN 3245 AG44); (Document ID SBA-2012-0020). The deadline for submission of comments is February 4, 2013.
SBA increases size standards for NAICS Sector 51, Information
The United States Small Business Administration (SBA) is increasing the receipts based small business size standards for 15 industries and retaining the current receipts based size standards for five industries in North American Industry Classification System (NAICS) Sector 51, Information. As part of its ongoing comprehensive review of all size standards, SBA evaluated all receipts based size standards for industries in NAICS Sector 51 to determine whether they should be retained or revised. SBA did not review the employee based standards for industries in NAICS Sector 51 in this rule, but will do so later with other employee based size standards.
Up to 500 additional firms will be small under the new size standards and eligible for SBA’s loan and Federal procurement programs.
You may read/download SBA’s final rule at Regulations.gov (RIN 3245-AG26).
You may also review the originally proposed rule together with all of the comments that the public had submitted by going to Regulations.gov. The proposed rule and the comments are included in the same docket.
The revised size standards will be effective January 7, 2013.
SBA Increases size standards for NAICS Sector 56, Administrative and Support, Waste Management and Remediation Services
The United States Small Business Administration (SBA) is increasing the small business size standards for 37 industries and retaining the current size standards for the remaining seven industries in North American Industry Classification System (NAICS) Sector 56, Administrative and Support, Waste Management and Remediation Services. As part of its ongoing comprehensive review of all size standards, SBA evaluated all receipts-based size standards for industries in NAICS Sector 56 to determine whether they should be retained or revised. SBA did not review the employee-based size standard for Environmental Remediation Services, an “exception” under NAICS 562910, Remediation Services, in NAICS Sector 56, but will do so later with other employee-based size standards.
Up to 2,700 additional firms will become small under these new size standards and eligible for SBA’s loan and Federal procurement programs.
You may read/download SBA’s final rule at Regulations.gov (RIN 3245-AG27).
You may also review the originally proposed rule together with all of the comments that the public had submitted by going to Regulations.gov. The proposed rule and the comments are included in the same docket.
The revised size standards will be effective January 7, 2013.
SBA increases size standards for NAICS Sector 53, Real Estate and Rental and Leasing
The United States Small Business Administration (SBA) is increasing the small business size standards for 21 industries and one sub-industry in North American Industry Classification System (NAICS) Sector 53, Real Estate and Rental and Leasing, and retaining the current standards for the remaining four industries in that Sector. As part of its ongoing comprehensive review of all size standards, SBA evaluated all size standards for industries in NAICS Sector 53 to determine whether they should be retained or revised.
Up to 13,000 more firms will be small under these new size standards and eligible for SBA loan and Federal procurement programs.
You may read/download SBA’s final rule at Regulations.gov (RIN 3245-AG28).
You may also review the originally proposed rule together with all of the comments that the public had submitted by going to the same Regulations.gov. The proposed rule and the comments are included in the same docket.
The revised size standards will be effective October 24, 2012.
SBA increases size standards for NAICS Sector 61, Educational Services
The United States Small Business Administration (SBA) is increasing the small business size standards for nine industries in North American Industry Classification System (NAICS) Sector 61, Educational Services, and retaining the current size standards for the remaining eight industries and one sub-industry (“exception”) in this Sector. As part of its ongoing comprehensive review of all size standards, SBA evaluated every industry in NAICS Sector 61 to determine whether the existing size standards should be retained or revised.
Up to 1,500 additional firms will be small under the new size standards and eligible for SBA loan and Federal procurement programs.
You may read/download SBA’s final rule at Regulations.gov (RIN 3245-AG29).
You may also review the originally proposed rule together with all of the comments that the public had submitted by going to the same Regulations.gov. The proposed rule and the comments are included in the same docket.
The revised size standards will be effective October 24, 2012.
SBA Increases size standards for NAICS Sector 62, Health Care and Social Assistance
The United States Small Business Administration (SBA) is increasing the small business size standards for 28 industries in North American Industry Classification System (NAICS) Sector 62, Health Care and Social Assistance, and retaining the current standards for the remaining 11 industries in that Sector. As part of its ongoing comprehensive review of all size standards, SBA evaluated every industry in NAICS Sector 62 to determine whether the existing size standards should be retained or revised.
Up to 4,100 firms will become small under these new size standards and eligible for SBA loan and Federal procurement programs.
You may read/download SBA’s final rule at Regulations.gov (RIN 3245-AG30).
You may also review the originally proposed rule together with all of the comments that the public had submitted by going to the same Regulations.gov. The proposed rule and the comments are included in the same docket.
The revised size standards will be effective October 24, 2012.
SBA issues proposed size standards for NAICS Sector 11, Agriculture, Forestry, Fishing, and Hunting
The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 11 industries in North American Industry Classification System (NAICS) Sector 11, Agriculture, Forestry, Fishing and Hunting. As part of its ongoing comprehensive size standards review, SBA evaluated receipts based size standards for 16 industries and two sub-industries in NAICS Sector 11 to determine whether they should be retained or revised. SBA did not review size standards for 46 industries in NAICS Sector 11 that are currently set by statute at $750,000 in average annual receipts. SBA also did not review the 500-employee based size standard for NAICS 113310, Logging, but will review it in the near future with other employee based size standards. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled “Size Standards Methodology” and published a notice in the October 21, 2009 issue of the Federal Register to advise the public that the document is available on its website at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews, and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a receipts based size standard.
We invite you to review the proposed rule and submit your comments. The proposed rule explains how to submit your comments to SBA. We recommend that you comment through the Federal eRulemaking Portal: http://www.regulations.gov/. Follow the instructions there for submitting your comments. SBA will not accept comments submitted by email.
You can read/download the proposed rule at Regulations.gov (RIN 3245 AG43); Document ID SBA‑2012‑0013). The deadline for submission of comments is November 13, 2012.
SBA issues proposed size standards for NAICS Sector 52, Finance and Insurance, and for NAICS Sector 55, Management of Companies and Enterprises
The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 37 industries in North American Industry Classification System (NAICS) Sector 52, Finance and Insurance, and for two industries in NAICS Sector 55, Management of Companies and Enterprises. In addition, SBA proposes to change the measure of size from average assets to average receipts for NAICS 522293, International Trade Financing. As part of its ongoing comprehensive size standards review, SBA evaluated all receipts based and assets based size standards in NAICS Sectors 52 and 55 to determine whether they should be retained or revised. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled “Size Standards Methodology” and published a notice in the October 21, 2009 issue of the Federal Register to advise the public that the document is available on its website at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews, and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a receipts based size standard.
We invite you to review the proposed rule and submit your comments. The proposed rule explains how to submit your comments to SBA. We recommend that you comment through the Federal eRulemaking Portal: http://www.regulations.gov/. Follow the instructions there for submitting your comments. SBA will not accept comments submitted by email.
You can read/download the proposed rule at Regulations.gov (RIN 3245 AG45); Document ID SBA‑2012‑0015). The deadline for submission of comments is November 13, 2012.
SBA Adopts NAICS 2012 for Small Business Size Standards
The U.S. Small Business Administration (SBA) is amending its Small Business Size Regulations to incorporate the Office of Management and Budget's 2012 modifications of the North American Industry Classification System (NAICS), identified as NAICS 2012, into its table of small business size standards. NAICS 2012 has created 76 new industries and reused 11 2007 industry codes with additional or modified content. Those 87 NAICS 2012 industries consist of 208 industries and activities formerly identified in NAICS 2007. The large majority of the changes involve renumbering and/or redefining NAICS 2007 industries and activities in NAICS 2012, without any changes to the size standards that apply to them. SBA’s adopting NAICS 2012 will result in changes to small business size standards for 42 industries or activities, mostly in Manufacturing.
Effective October 1, 2012, Federal agencies and programs must use SBA’s small business size standards based on NAICS 2012.
If you would like to submit comments on SBA’s interim final rule, identify them by RIN‑3245‑AG47. The interim final rule explains how to submit your comments to SBA. We recommend that you comment through the Federal eRulemaking Portal: http://www.regulations.gov/. Follow the instructions there for submitting your comments. SBA will not accept comments submitted by email to this interim final rule.
You may also review the interim final rule together with comments from other interested parties by going to www.regulations.gov.
The period for comments closes October 19, 2012.
SBA issues proposed size standards for NAICS Sector 23, Construction
The U.S. Small Business Administration (SBA) has proposed to increase small business size standards for one industry and one sub-industry in North American Industry Classification System (NAICS) Sector 23, Construction. SBA has proposed to increase the size standard for NAICS 237210, Land Subdivision, from $7 million to $25 million and the size standard for Dredging and Surface Cleanup Activities, a sub-industry category (or an “exception”) under NAICS 237990, Other Heavy and Civil Engineering Construction, from $20 million to $30 million in average annual receipts. As part of its ongoing comprehensive size standards review, SBA has evaluated all size standards in NAICS Sector 23 to determine whether they should be retained or revised. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled “Size Standards Methodology” and published a notice in the October 21, 2009 issue of the Federal Register to advise the public that the document is available on its website at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews, and modifies its receipts based and employee based small business size standards.
We invite you to review the proposed rule and submit your comments. The proposed rule explains how to submit your comments to SBA. We recommend that you comment through the Federal eRulemaking Portal: http://www.regulations.gov/. Follow the instructions there for submitting your comments. SBA will not accept comments submitted by email.
You can read/download the proposed rule at Regulations.gov (RIN 3245 AG37); Document ID SBA 2012 0005). The deadline for submission of comments is September 17, 2012.
SBA issues proposed size standards for NAICS Sector 71, Arts, Entertainment and Recreation
The U.S. Small Business Administration (SBA) has proposed to increase the small business size standards for 17 industries in North American Industry Classification System (NAICS) Sector 71, Arts, Entertainment, and Recreation. As part of its ongoing comprehensive review of all size standards, SBA has evaluated all size standards in NAICS Sector 71 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposed rules that examines size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled “Size Standards Methodology” and published a notice in the October 21, 2009 issue of the Federal Register that the document is available on its website at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews and modifies its receipts based and employee based small business size standards.
We invite you to review the proposed rule and submit your comments. The proposed rule explains how to submit your comments to SBA. We recommend that you comment through the Federal eRulemaking Portal: http://www.regulations.gov/. Follow the instructions there for submitting your comments. SBA will not accept comments submitted by email.
You can read/download the proposed rule at Regulations.gov (RIN 3245 AG36); Document ID SBA 2012 0006). The deadline for submission of comments is September 17, 2012.
SBA issues proposed size standards for NAICS Sector 22, Utilities
The U.S. Small Business Administration (SBA) has proposed to revise the small business size standards for nine industries in North American Industry Classification System (NAICS) Sector 22, Utilities. Six of those industries deal with electric power generation, distribution and transmission (NAICS 221111, NAICS 221112, NAICS 221113, NAICS 221119, NAICS 221121, and NAICS 221122) and have a common size standard based on electric output. For those six industries, SBA has proposed to replace the current size standard of 4 million megawatt hours in electric output with an employee based size standard of 500 employees. SBA has also proposed to increase the small business size standards for three industries in NAICS Sector 22 that have receipts based size standards, namely – NAICS 221310, Water Supply and Irrigation Systems, from $7 million to $25.5 million; NAICS 221320, Sewage Treatment Facilities, from $7 million to $19 million; and NAICS 221330, Steam and Air-conditioning Supply, from $12.5 million to $14 million. As part of its ongoing initiative to review all size standards, SBA evaluated all industries in NAICS Sector 22 that have either electric output based or receipts based size standards to determine whether the existing size standards should be retained or revised. This rule is one of a series of proposed rules that will examine industries grouped by NAICS sector. SBA has issued a White Paper entitled “Size Standards Methodology” and published in the October 21, 2009 issue of the Federal Register a notice that “Size Standards Methodology” is available on its website at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews and modifies its small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a size standard based on average annual receipts and electric output.
We invite you to review the proposed rule and submit your comments. The proposed rule explains how to submit your comments to SBA. We recommend that you comment through the Federal eRulemaking Portal: http://www.regulations.gov/. Follow the instructions there for submitting your comments. SBA will not accept comments submitted by email.
You can read/download the proposed rule at Regulations.gov (RIN 3245 AG25); Document ID SBA 2012 0004). The deadline for submission of comments is September 17, 2012.
SBA increases size standards for NAICS Sector 48-49, Transportation and Warehousing
The United States Small Business Administration (SBA) has increased the small business size standards for 22 industries in North American Industry Classification System (NAICS) Sector 48‑49, Transportation and Warehousing, and retained the current standards for the remaining 37 industries in that Sector. As part of its ongoing comprehensive review of all size standards, SBA evaluated all receipts based standards for industries in NAICS Sector 48‑49 to determine whether they should be retained or revised. SBA did not review the employee based standards for industries in NAICS Sector 48‑49, but will do so at a later date with other employee based size standards.
You may read/download SBA’s final rule at Regulations.gov (RIN 3245-AG08).
You may also review the originally proposed rule together with all of the comments that the public had submitted by going to the same www.regulations.gov. The proposed rule and the comments are included in the same docket.
The revised size standards will be effective March 26, 2012.
SBA increases size standards for NAICS Sector 54, Professional, Technical, and Scientific Services
The United States Small Business Administration (SBA) has increased 37 small business size standards for 34 industries and three sub-industries (“exceptions” in SBA’s table of small business size standards) in North American Industry Classification System (NAICS) Sector 54, Professional, Technical, and Scientific Services. SBA also increased the one size standard in NAICS Sector 81, Other Services, which it did not review in 2010. These size standards are all receipts based. SBA is retaining the current standards for the remaining industries in NAICS Sector 54. This rule also removes “Map Drafting” as the “exception” to NAICS 541340, Drafting Services.
You may read/download SBA’s final rule at Regulations.gov (RIN-3245-AG07).
You may also review the originally proposed rule together with all of the comments that the public had submitted by going to the same www.regulations.gov. The proposed rule and the comments are included in the same docket file.
The revised size standards will be effective March 12, 2012.
The government website Regulations.gov posts documents concerning federal regulations and published in the Federal Register, the government’s legal newspaper. Some of these pertain to government contracting. Members of the public can submit comments about proposed regulations and other documents that are open for comment.
SBA issues proposed size standards for NAICS Sector 51, Information
The U.S. Small Business Administration (SBA) has proposed to increase small business size standards for 15 industries in North American Industry Classification System (NAICS) Sector 51, Information. As part of its ongoing comprehensive review of all size standards, SBA evaluated all receipts based size standards in NAICS Sector 51 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that examine size standards of industries grouped by NAICS Sector. The SBA issued a White Paper entitled “Size Standards Methodology” and published a notice in the October 21, 2009 issue of the Federal Register that “Size Standards Methodology” is available on its website at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA applied its methodology that pertains to establishing, reviewing and modifying a receipts based size standard.
We invite you to review the proposed rule and submit your comments. The proposed rule explains how to submit your comments to SBA. We recommend that you comment through the Federal eRulemaking Portal: http://www.regulations.gov/ Follow the instructions there for submitting your comments. The SBA does not accept comments submitted by email.
The deadline for submission of comments is December 12, 2011. You can read/download the proposed rule at Regulations.gov. (RIN-3245-AG26; Document ID SBA-2011-0017).
SBA issues proposed size standards for NAICS Sector 56, Administrative and Support, Waste Management and Remediation Services.
The U.S. Small Business Administration (SBA) has proposed to increase small business size standards for 37 industries in North American Industry Classification System (NAICS) Sector 56, Administrative and Support, Waste Management and Remediation Services. As part of its ongoing comprehensive review of all size standards, SBA evaluated all receipts based standards in NAICS Sector 56 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that examine size standards of industries grouped by an NAICS Sector. SBA issued a White Paper entitled “Size Standards Methodology” and published a notice in the October 21, 2009 issue of the Federal Register that “Size Standards Methodology” is available on its website at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a receipts based size standard.
We invite you to review the proposed rule and submit your comments. The proposed rule explains how to submit your comments to SBA. We recommend that you comment through the Federal eRulemaking Portal: http://www.regulations.gov/ Follow the instructions there for submitting your comments. The SBA does not accept comments submitted by email.
The deadline for submission of comments is December 12, 2011. You can read/download the proposed rule at Regulations.gov (RIN-3245-AG27; Document ID SBA-2011-0018).
SBA extends to June 15, 2011 the period for commenting on proposed size standards for Sector 54, Professional, Technical, and Scientific Services
On March 16, 2011, the U.S. Small Business Administration (SBA or Agency) proposed to increase small business size standards for 35 industries and one sub-industry in North American Industry Classification System (NAICS) Sector 54, Professional, Scientific and Technical Services and one industry in NAICS Sector 81, Other Services (76 FR 14323). (See below.) SBA provided a 60-day comment period ending on May 16, 2011.
The SBA has extended the comment period by 30 days to June 15, 2011.
You can read/download the reasons for the extension of the comment period for the proposed rule at Regulations.gov (RIN-3245 AG07).
SBA issues proposed size standards for NAICS Sector 54, Professional, Technical, and Scientific Services
The U.S. Small Business Administration (SBA) has proposed to increase small business size standards for 35 industries and one sub-industry in North American Industry Classification System (NAICS) Sector 54, Professional, Scientific and Technical Services and one industry in NAICS Sector 81, Other Services. As part of its ongoing comprehensive review of all size standards, SBA has evaluated 45 industries and three sub-industries in NAICS Sector 54 and one industry in NAICS Sector 81 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that will examine size standards of industries grouped by an NAICS Sector. SBA has issued a White Paper entitled “Size Standards Methodology” and published in the October 21, 2009 issue of the Federal Register a notice that “Size Standards Methodology” is available on its website at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing and modifying a receipts based size standard. SBA included a copy of “Size Standards Methodology” in the same docket file (SBA-2011-0008).
We invite you to review the proposed rule and submit your comments. The proposed rule explains how to submit your comments. We recommend that you submit your comments through the Federal eRulemaking Portal: www.regulations.gov. Follow the instructions there for submitting your comments.
The deadline for submission of comments is Monday, May 16, 2011.
You can read/download the proposed rule at Regulations.gov (RIN-3245-AG07).
SBA amends its Small Business, Small Disadvantaged Business, HUBZone, and Service-Disabled Veteran-Owned Business Status Protest and Appeal Regulations
The U.S. Small Business Administration (SBA) has published a final rule to amend its regulations to clarify the effect, across all small business programs, of initial and appeal eligibility decisions on the procurement in question; increase the amount of time that SBA has to render formal size determinations; require that SBA’s Office of Hearings and Appeals (OHA) issue a size appeal decision within 60 calendar days of the close of the record, if possible; increase the amount of time that SBA has to file North American Industry Classification System (NAICS) code appeals; alter the NAICS code appeal procedures to comply with a Federal Court decision; clarify that contracting officers must reflect final agency eligibility decisions in federal procurement databases and goaling statistics; and make other changes to size status protest and appeal rules.
The amendments became effective on March 4, 2011.
You can read/download the final rule at Regulations.gov (RIN 3245-AF65).
SBA issues White Paper on its Size Standards Methodology
The U.S. Small Business Administration (SBA) has prepared a White Paper, explaining how it establishes, reviews and modifies (when appropriate) small business size standards. The document, entitled "SBA Size Standards Methodology," is available on SBA's website where any interested party can review and/or download it. SBA is using "Size Standards Methodology" for ongoing comprehensive review of size standards and will apply it to future regulatory actions that relate to establishing, reviewing and modifying size standards. The Agency welcomes comments on "Size Standards Methodology." Please submit your comments to Regulations.gov. To comment on the document, search SBA under the advanced search and search document 2009-0008.
