For example, since all industries covered by this proposed rule have receipts-based size standards, the Methodology described in this proposed rule applies only to establishing, reviewing, or modifying receipts-based size standards. The U.S. Small Business Administration (SBA) established the size standards. That represents a 17% decline. SBA also evaluates, as an additional primary factor, small business success in receiving Federal contracting assistance under the current size standards. Therefore, SBA has determined that this proposed rule has no federalism implications warranting preparation of a federalism assessment. This prototype edition of the With larger businesses qualifying as small under the higher size standards, smaller small businesses could face some disadvantage in competing for set-aside contracts against their larger counterparts. Table 6—Proposed Size Standards Revisions. Of these, 31 were based on average annual receipts, seven based on number of employees, and three based on other measures. However, under Alternative Option One, SBA used the calculated size standards instead of the proposed ones to determine the impacts of changes to current thresholds. Copyright © 2020 Taft Stettinius & Hollister LLP. documents in the last year, 40 Of the 91 industries and 3 subindustries (i.e. Column 9 shows a calculated new size standard for each industry. On April 24, 2020, additional funding for the CARES Act, including for the PPP, was provided. SBA also seeks suggestions, along with supporting facts and analysis, for alternative standards, if they would be more appropriate than the proposed size standards. However, the additional costs associated with fewer bidders are expected to be minor since, by law, procurements may be set-aside for small businesses under the 8(a)/BD, SDB, HUBZone, WOSB, EDWOSB, or SDVOSB programs only if awards are expected to be made at fair and reasonable prices. Commenters also pointed out that contracts for the exceptions tend to be large already and were trending upwards each year. Accessed June 29, 2020. To accept decreases in size standards as suggested by the analytical results, 2. to decrease size standards by a smaller amount than the calculated threshold, and 3. to retain the size standards at their current levels. Startup costs reflect a firm's initial size in an industry. Noté /5. Growing small businesses that are close to exceeding the current size standards will be able to retain their small business status for a longer period under the higher size standards, thereby enabling them to continue to benefit from the small business programs. The Paycheck Protection Program and Health Care Enhancement Act, Public Law 116-139 (April 24, 2020). For the purpose of the Paperwork Reduction Act, 44 U.S.C. As noted previously, the data from the Economic Census special tabulation are limited down to the 6-digit NAICS industry level and hence do not provide data to assess economic characteristics at the subindustry level. For example, in Option One, during fiscal years 2016-2018, agencies awarded, on an annual basis, about $24,762 million in small business contracts in those 42 industries for which this Option considered decreasing size standards. To the extent that the newly-qualified small businesses could become active in Federal procurement, the proposed increases to size standards, if adopted, may entail some additional administrative costs to the Government as a result of more businesses qualifying as small for Federal small business programs. For industries with less than $20 million in average annual contract dollars, no size standard was calculated for the Federal contracting factor. The proposed size standards are presented in Table 6, Proposed Size Standards Revisions. Ch. The Federal contracting factor was significant (i.e., the difference between the small business share of total industry receipts and small business share of Federal contracting dollars was 10 percentage points or more) in 28 of these industries, prompting an upward adjustment of their existing size standards based on that factor. Among those newly-defined small businesses seeking SBA's loans, there could be some additional costs associated with verification of their small business status. However, SBA is not adopting option two because the Regulatory Impact Analysis shows that retaining all size standards at their current levels is more onerous for the small businesses than the option of adopting 46 increases and retaining 48 size standards. However, SBA cannot quantify these impacts. Table 9—Impacts of Proposed Increases to Size Standards. Besides the impact on Federal contracting, SBA also examines impacts on SBA's loan programs both under the current and revised size standards. The overall size standard for an industry is then obtained by averaging all size standards supported by each primary factor. A total of $134.1 billion in average annual contract dollars were awarded to businesses in those industries during the period of evaluation, and 32.8% of the dollars awarded went to small businesses. Proposed percentage increases generally reflect receipts levels needed to bring the small business share of Federal contracts on par with the small business share of industry receipts. 13771. The size standard supported by average firm size is obtained by averaging size standards supported by simple average firm size and weighted average firm size. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. The upper number is the value for the industry or Federal contracting factor shown on the top of the column and the lower number is the size standard supported by that factor. Commenters addressing size standards for a specific industry or a group of industries should include relevant data and/or other information supporting their comments. the official SGML-based PDF version on govinfo.gov, those relying on it for SBA compares the degree of inequality of distribution for an industry under review with other industries with the same type of size standards. SBA had already launched a comprehensive review of size standards in 2007. Once a business gets large enough to have employees or its finances get more complex, the business is more likely to file an S corp election with the IRS. These include SBA's loan programs, EIDL program, and Federal procurement programs intended for small businesses. The weighted average firm size is the summation of all the receipts of the firms in an industry multiplied by their share of receipts in the industry. For detailed calculations, see SBA's Methodology, available on its website at www.sba.gov/size. Recommendations to weigh some factors differently than others should include suggested weights for each factor along with supporting facts and analysis. documents in the last year, by the National Oceanic and Atmospheric Administration Additionally, some Federal contracts may possibly have higher costs. Changing size standards alters the access to SBA's programs that assist small businesses but does not impose a regulatory burden because they neither regulate nor control business behavior. This procedure is applied to calculate size standards supported by other industry factors. The Jobs Act requires SBA to review every 5 years all size standards and make necessary adjustments to reflect current industry and Federal market conditions. Currently, because of the economic challenges presented by the COVID-19 pandemic and the measures taken to protect public health, SBA has decided to propose the same general policy of not lowering size standards in the ongoing second 5-year comprehensive size standards review as well. The total average contract dollars obligated under these PSCs was $29.9 billion. Table 1—Size Standards Revisions During the First 5-Year Review. The proposal is to increase size standards where the data suggested increases are warranted, and to retain, in response to COVID-19 emergency and resultant economic impacts on small businesses, all current size standards where the data suggested lowering is appropriate. Newly-qualified small businesses will also benefit from the SBA's EIDL program. Concentration is a measure of inequality of distribution. For FCC purposes, the following are the nine primary telecommunications small business size standards. For each industry with $20 million or more in annual Federal contract dollars, SBA evaluates the small business share of total Federal contract dollars relative to the small business share of total industry receipts. That represents about 0.4% of all firms classified as small under the current size standards in industries for which SBA has proposed increasing size standards. documents in the last year, 990 For the industries reviewed in this proposed rule, the data shows that it is mostly businesses much smaller than the current or proposed size standards that receive SBA's 7(a) and 504 loans. In calculating the overall industry size standard, SBA has assigned equal weight to each of the five primary factors in all industries and subindustries covered by this proposed rule. electronic version on GPOâs govinfo.gov. (1) SBA establishes small business size standards on an industry-by-industry basis. The first 5-year review of size standards was completed in early 2016. SBA uses financial assets for certain financial industries and refining capacity, in addition to employees, for the petroleum refining industry to measure business size. 2776, 3133) states that “for purposes of contracts and subcontracts requiring engineering services (awarded under this Act) the applicable size standard shall be that established for Military and Aerospace Equipment and Military Weapons.”. These are, generally, the five most important factors SBA examines when establishing, reviewing, or revising a size standard for an industry. Additionally, all those businesses were below the reduced size standards. The FPDS-NG showed very few actions involving Contracts and Subcontracts for Engineering Services Awarded Under the National Energy Policy Act of 1992. For example, in response to the 2008 Financial Crisis and economic conditions that followed, SBA adopted a general policy in the first 5-year comprehensive size standards review to not lower any size standard (except to exclude one or more dominant firms) even when the analytical results suggested the size standard should be lowered. Section 1102 of the Act temporarily permits SBA to guarantee 100% of 7(a) loans under a new program titled the Paycheck Protection Program (PPP). For example, in the first 5-year comprehensive review of size standards under the Jobs Act, $7.0 million (now $8.0 million due to the inflation adjustment in 2019; see 84 FR 34261, July 18, 2019) was considered the “anchor” for receipts-based size standards and 500 employees was the “anchor” for employee-based size standards. Use the PDF linked in the document sidebar for the official electronic format. However, qualifying for Federal procurement and a number of other programs requires that businesses register in SAM and self-certify that they are small at least once annually. By comparing the small business Federal contracting share with the industry-wide small business share, SBA includes in its size standards analysis the latest Federal market conditions. 12/30/2020, 303 SBA estimates a net impact of zero for this option, when compared to the baseline. Based on the FPDS-NG data for fiscal years 2016-2018, SBA estimates that about 67 active firms in Federal contracting in those industries would lose small business status under Alternative Option One, most of them from Sector 56. To assess the impact on financial assistance to small businesses, SBA examined its internal data on 7(a) and 504 loan programs for fiscal years 2016-2018. L. 111-240, 124 Stat. documents in the last year, 9 For purposes of this regulatory action, the baseline represents maintaining the “status quo,” i.e., making no changes to the current size standards. If the characteristics of an industry under review within a particular size standard type are similar to the average characteristics of industries within the same size standard type in the 20th percentile, SBA will consider adopting as an appropriate size standard for that industry the 20th percentile value of size standards for those industries. Nonetheless, SBA considered two other alternatives. Thus, SBA has determined that this rulemaking is exempt from the requirements of E.O. Therefore, businesses opting to participate in those programs must comply with SAM requirements. Small Business Administration. SBA thoroughly reviews all public comments before making a final decision on its proposed revisions to size standards. Specifically, section 3(a)(3) of the Small Business Act (15 U.S.C. 13771 because most of the proposed rule's impacts are income transfers between small and other than small businesses. This would cause a significant number of small businesses to lose their small business status, particularly in sectors 54 and 56 (please see table 10). of EIDL loans to small businesses (FY 2016-2018), Total amount of EIDL loans to small businesses (FY 2016-2018), Estimated no. of additional EIDL loans to newly-qualified small firms, Estimated additional EIDL loan amount to newly-qualified small firms ($ million), % increase to EIDL loan amount relative to the total amount of EIDL loans to small businesses, * * * * * * *. Under section 3(a)(2)(C)(ii) of the Small Business Act, as amended, an agency without separate statutory authority to issue size standards must satisfy three requirements to prescribâ¦ For each size standard type (i.e., receipts-based or employee-based), SBA ranks industries both in terms of each of the four industry factors and in terms of the existing size standard and computes the 20th percentile and 80th percentile values for both. Table 11—Net Impacts of Size Standards Changes Under Alternative Option One. However, SBA considered two alternatives to its proposal to increase 46 size standards and maintain 48 size standards at their current levels. SBA considers that the option of retaining all size standards at this moment provides the opportunity to reassess the economic situation once the economic recovery starts. of 7(a) and 504 loans to small business in industries with proposed increases to size standards (FY 2016-2018), Total amount of 7(a) and 504 loans to small businesses in industries with proposed increases to size standards ($ million) (FY 2016-2018), Estimated no. In the 2009 Methodology, which SBA applied to the first 5-year comprehensive review of size standards, SBA adopted a fixed number of size standards levels as part of its effort to simplify size standards. According to the E.O. Use the PDF linked in the document sidebar for the official electronic format. This repetition of headings to form internal navigation links Besides having to register in SAM to be able to participate in Federal contracting and update the SAM profile annually, small businesses incur no direct costs to gain or retain their small business status as a result of increases to size standards. For the same reason, small businesses remaining small under the reduced size standards are likely to obtain more set-aside contracts due to the reduced competition from fewer businesses qualifying as small under the decreases to size standards. SBA examines the structural characteristics of an industry as a basis to assess industry differences and the overall degree of competitiveness of an industry and of firms within the industry. of EIDL loans to newly-qualified small firms, Estimated EIDL loan amount to newly-qualified small firms ($ million), % increase to EIDL loan amount relative to the total amount of EIDL loans in industries with proposed increases to size standards, No. What is SBA's description and estimate of the number of small businesses to which the rule will apply? Decreases to size standards would have a very minor impact on small businesses applying for SBA's 7(a) and 504 loans because a vast majority of such loans are issued to businesses that are far below the reduced size standards. Given the lack of actual data on startup costs and entry barriers by industry, SBA uses average assets as a proxy for startup costs and entry barriers. Besides set-aside contracting and financial assistance discussed above, small businesses also benefit through reduced fees, less paperwork, and fewer compliance requirements that are available to small businesses through the Federal Government. 601-612, when an agency issues a rulemaking, it must prepare a regulatory flexibility analysis to address the impact of the rule on small entities. SBA will post all comments to this proposed rule on www.regulations.gov. of unique firms getting contracts (FPDS-NG FY2016-2018), Total No. documents in the last year, 106 The proposed revisions to the existing size standards for 94 industries or subindustries in NAICS Sectors 54, 55, 56 are consistent with SBA's statutory mandates to help small businesses grow and create jobs and to review and adjust size standards every five years. For manufacturing industries and other industries with employee-based size standards (except for Wholesale Trade and Retail Trade), the second comparison group included industries with a size standard of 1,000 employees or 1,500 employees, with the weighted average size standard of 1,323 employees. This represents a 0.3% increase of the loan amounts relative to the Group baseline. Conversely, if the small business share of Federal contracting activity is near or above the small business share of total industry receipts, this will support the current size standard. Follow the instructions for submitting comments; or (2) Mail/Hand Delivery/Courier: Khem R. Sharma, Ph.D., Chief, Office of Size Standards, 409 Third Street SW, Mail Code 6530, Washington, DC 20416. During the previous 5-year comprehensive review, SBA reviewed the receipts-based size standards for 45 industries and 3 exceptions within NAICS Sector 54 (Professional, Scientific and Technical Services), 2 industries within Sector 55 (Management of Companies and Enterprises), and 44 industries in Sector 56 (Administrative and Support and Waste Management and Remediation Services). has no substantive legal effect. This table of contents is a navigational tool, processed from the Based on the analytical results in Table 4 and considerations of the impacts of calculated size standards in terms of access by currently small businesses to SBA's loans, as discussed above, of a total of 94 industries or subindustries (exceptions) with receipts-based size standards in Sectors 54, 55, and 56 that are covered by this proposed rule, and considering the current situation due to the COVID-19 related national emergency and its impacts on small businesses and the overall economy, SBA proposes to increase size standards for 46 industries, and retain the current size standards for the remaining 48 industries or subindustries in those sectors. However, SBA will also consider and evaluate other secondary factors that it believes are relevant to a particular industry (such as technological changes, growth trends, SBA financial assistance, and other program factors). Firms' participation under the SBA's EIDL program will be affected as well. SBA also adjusts its monetary-based size standards for inflation at least once every 5 years. In 1995, SBA published in the Federal Register a list of statutory and regulatory size standards that identified the application of SBA's size standards as well as other size standards used by Federal agencies (60 FR 57988 (November 24, 1995)). We published two articles (SBA Proposes Rule to Change the Annual Average Receipts Calculation for Small Businesses and Small Business Runway Extension Act of 2018 Amends Size Standard Calculation Period) discussing this change and how it should allow more companies to qualify as a small business for federal contract procurement purposes, for a longer period of time. However, SBA has no data to estimate the number of small businesses receiving such benefits. More importantly, this proposed rule does not establish the new size standards for the very first time; rather it intends to modify the existing size standards in accordance with a statutory requirement and the latest data and other relevant factors. of industries with proposed increases to size standards, Total current small businesses in industries with Proposed increases to size standards (Economic Census 2012), Additional firms qualifying as small under proposed standards (2012 Economic Census), Percentage of additional firms qualifying as small relative to current small businesses in industries with proposed increases to size standards, No. For these reasons, SBA believes that these added administrative costs will be minor because necessary mechanisms are already in place to handle these added requirements. publication in the future. The SBA has been slow to implement the new law and there have been several administrative and legal challenges around that decision. Information about this document as published in the Federal Register. What alternatives have been considered? Under OMB Circular A-4, SBA is required to consider regulatory alternatives to the proposed changes in the proposed rule. During fiscal years 2016-2018, small businesses in those industries also received 585 loans through the SBA's Economic Injury Disaster Loan (EIDL) program, totaling about $36.2 million on an annual basis. Since the benefit provided through this program is contingent on the occurrence and severity of a disaster in the future, SBA cannot make a meaningful estimate of this impact. The paragraphs also contain data on the prevalence of small businesses.The categories (or \"codes\") for the size standards are from the North American Industry Classification System (NAICS), and are rather broad in scope. Table 8, Baseline for All Industries, below, provides these baseline results by sector. on However, SBA expects such impact to be minimal as only a small number of businesses in those industries received such loans during fiscal years 2016-2018. In other words, the size standards of 46 industries for which the analytical results suggest raising size standards would be raised. Data sources and estimation procedures SBA uses in its size standards analysis are documented in detail in SBA's Methodology, which is available at www.sba.gov/size. 601(3)). Businesses must meet the SBAâs size standards in order to qualify for small business contracts. Table 4, Size Standards Supported by Each Factor for Each Industry (Receipts), shows the results of analyses of industry and Federal contracting factors for each industry and subindustry (exception) covered by this proposed rule. However, to account for errors and limitations associated with various data that SBA evaluates in the size standards analysis, SBA rounds the calculated size standard value for a receipts-based size standard to the nearest $500,000, except for agricultural industries in Subsectors 111 and 112 for which the calculated size standards will be rounded to the nearest $250,000. Under this option, as the current situation develops, SBA will be able to assess new data available on economic indicators, federal procurement, and SBA loans before adopting changes to size standards. Federal Register provide legal notice to the public and judicial notice As part of option one, SBA also considered increasing 46 size standards as suggested by the analytical results and mitigating the impact of the decreases to size standards by adjusting the calculated sizes considering the impact on small business access to Federal contracting and loans. Using the anchor size standard and average size standard for the second comparison group, SBA computed a size standard for an industry's characteristic (factor) based on the industry's position for that factor relative to the average values of the same factor for industries in the anchor and second comparison groups. In September 2010, Congress passed the Small Business Jobs Act of 2010 (Pub. of EIDL loans to small businesses in industries for which SBA considered decreasing size standards (FY 2016-2018), Total amount of EIDL loans to small businesses in industries for which SBA considered decreasing size standards ($ million) (FY 2016-2018), Estimated no. The final step is to round the calculated $12.32 million size standard to the nearest $500,000, which in this example yields $12.5 million. Federal procurement programs provide targeted, set-aside opportunities for small businesses under SBA's business development programs, such as small business, 8(a)/BD, HUBZone, WOSB, EDWOSB, and SDVOSB programs. In accordance with the Jobs Act, SBA completed the comprehensive review of the small business size standard for each industry, except those for agricultural enterprises previously set by Congress, and made appropriate adjustments to size standards for a number of industries to reflect current Federal and industry market conditions. . The action does not have retroactive or preemptive effect. New entrants to an industry must have sufficient capital and other assets to start and maintain a viable business. Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). 16-12-2020. For example, for industries covered by this proposed rule, more than 98.8% of 7(a) and 504 loans in fiscal years 2016-2018 went to businesses below the current or calculated size standards. The numbers break down according to business size: Among small businesses without employees, the vast majority are sole proprietors (86.6%). Additionally, as the fifth factor, SBA evaluates the difference between the small business share of Federal contract dollars and the small business share of total industry receipts to compute the size standard for the Federal contracting factor. The special tabulation also contains information for different levels of NAICS categories on average and median firm size in terms of both receipts and employment, total receipts generated by the four and eight largest firms, the Herfindahl-Hirschman Index (HHI), the Gini coefficient, and size distributions of firms by various receipts and employment size groupings. Small Business Administration (SBA) Size Standards Table Metadata Updated: September 16, 2020 This table lists small business size standards matched to industries described in the North American Industry Classification System (NAICS), as modified by the Office of Management and Budget effective January 1, 2012. Similarly, some small businesses under the current size standards may obtain fewer set-aside contracts due to the increased competition from larger businesses qualifying as small under the proposed increases to size standards. informational resource until the Administrative Committee of the Federal The evaluation of the Federal contracting factor is explained more fully in the Industry Analysis section below. Based on the 2012 Economic Census, SBA estimates that in 88 industries in NAICS Sectors 54, 55, and 56 for which the analytical results suggested to change size standards, about 1,530 firms (see Table 11, below), would become small under the Option One. Retrouvez Small Business Size Standards - Adoption of 2012 North American Industry Classification System for Size Standards (US Small Business Administration Regulation) (SBA) (2018 Edition) et des millions de livres en stock sur Amazon.fr. In the “percentile” approach, SBA ranks each industry among all industries with the same measure of size standards (such as receipts or employees) in terms of four primary industry factors, discussed in the Industry Analysis subsection below. Thus, the results based on the Economic Census data may not accurately reflect the characteristics of businesses providing specialized services included under those “exceptions.”. For example, if an industry with the current size standard of $8.0 million had an average of $50 million in Federal contracting dollars, of which 15% went to small businesses, and if that small businesses accounted for 40% of total receipts of that industry, the small business share of total Federal contract dollars would be 25% less than the small business share of total industry receipts (40%-15%). While SBA cannot estimate such costs savings as it is impossible to determine the number and value of unrestricted contracts to be otherwise awarded to HUBZone firms will be awarded as set-asides, such cost savings are likely to be relatively small as only a small fraction of full and open contracts are awarded to HUBZone businesses. SBA will adopt this approach temporarily and may reevaluate this approach as the economic situation evolves. Changes in small business size standards do not result in additional costs associated with SAM registration or certification. 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