Conversely, an industry with average assets that are similar to or lower than most other industries is likely to have lower startup costs; this will support either lowering or maintaining the size standard. 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. 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. A small business could set up its business structure as a partnership, sole proprietorship or privately owned corporation. However, because agencies are still required by law to award 23% of dollars to small businesses, SBA expects the movement of set-aside contracts to unrestricted competition to be limited. This represents a decrease of 0.6% from the Group's baseline. The Small Business Act requires the Federal Government to ensure that small businesses receive a “fair proportion” of Federal contracts. These can be useful This represents a decrease of about 0.2% of the total number of small businesses participating in Federal contracting under the current size standards. Accessed June 29, 2020. See the notification in the April 11, 2019, edition of the Federal Register (84 FR 14587). Market share and size distribution may indicate whether a firm can exercise a major controlling influence on a national basis in an industry where a significant number of business concerns are engaged. If an industry's total receipts are attributable to a single firm, the Gini coefficient will equal one. L. 116-136) was signed on March 27, 2020, to provide emergency assistance and health care response for individuals, families, and businesses affected by the coronavirus pandemic. SBA believes that a vast majority of businesses that are willing to participate in Federal contracting are already registered in SAM and update their SAM profiles annually. [1] 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. Firms' participation under the SBA's EIDL program will be affected as well. Submitted comments may not be available to be read until the agency has approved them. Congress had expected the lawâs mandate for a new five year measurement period to be applied immediately. SBA also seeks comments on whether SBA should not lower any size standards in view of the COVID-19 pandemic and its adverse impacts on small businesses as well as on the overall economic situation when analytical results suggest some size standards could be lowered. The results of that analysis are discussed in the following subsection. However, SBA has no data to estimate the number of small businesses receiving such benefits. has no substantive legal effect. What is SBA's description and estimate of the number of small businesses to which the rule will apply? However, if we compare the proposal of increasing 46 size standards and retaining 48 with this alternative approach, the benefits for small businesses of adopting the proposal will not be attained, so SBA is not proposing the Alternative Option Two. About the Federal Register The President of the United States manages the operations of the Executive branch of Government through Executive orders. 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. However, SBA cannot quantify these impacts. A Proposed Rule by the Small Business Administration on 11/13/2020, This document has a comment period that ends in 13 days. include documents scheduled for later issues, at the request 800. What are the projected reporting, record keeping and other compliance requirements of the rule? For the month of September 2020, non-farm payroll increased 661,000 from August 2020, but the decrease in employment since February 2020 is about 10.5 million. The $1.9 million is 15.9% between the 20th percentile value ($0.83 million) and the 80th percentile value ($7.52 million) of simple average receipts (($1.9 million−$0.83 million) ÷ ($7.52 million−$0.83 million) = 0.159 or 15.9%). 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. Conversely, if the industry's average firm size is lower than that of most other industries, it would provide a basis to assign a lower size standard as compared to size standards for most other industries. 632(a)(2). 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. documents in the last year, 23 16 of these size levels are based on average annual receipts, 9 are based on average number of employees, and 2 are based on other measures. Achetez neuf ou d'occasion As stated above, of 145 receipts-based size standards in Sectors 61, 62, 71, 72 and 81 that are reviewed in this rule, based on the results from analyses of latest industry and Federal market data as well as impacts of size standards changes on small businesses, in this ⦠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. If firms entering an industry under review have greater capital requirements than firms in most other industries, all other factors remaining the same, this would be a basis for a higher size standard. Using the 4-firm concentration ratio, SBA compares the degree of concentration within an industry to the degree of concentration of the other industries with the same measure of size standards. Federal Register issue. of firms losing small status for which SBA considered decreasing size standards (2012 Economic Census), % of Firms losing small status relative to current small businesses in industries for which SBA considered decreasing size standards, No. Newly-qualified small businesses will also benefit from the SBA's EIDL program. If you wish to submit confidential business information (CBI) as defined in the User Notice at www.regulations.gov, you must submit such information to U.S. Small Business Administration, Khem R. Sharma, Ph.D., Chief, Office of Size Standards, 409 Third Street SW, Mail Code 6530, Washington, DC 20416, or send an email to sizestandards@sba.gov. It varies by industry but takes into account the number of employees and annual receipts. The goal of SBA's size standards review is to determine whether its existing small business size standards reflect the current industry structure and Federal market conditions and revise them when the latest available data suggest that revisions are warranted. For a new regulatory action promulgating modifications to an existing regulation (such as modifying the existing size standards), a baseline assuming no change to the regulation (i.e., making no changes to current size standards) generally provides an appropriate benchmark for evaluating benefits, costs, or transfer impacts of proposed regulatory changes and their alternatives. Under the “percentile” approach, for each industry factor, an industry is ranked and compared with the 20th percentile and 80th percentile values of that factor among the industries sharing the same measure of size standards (i.e., receipts or employees). on FederalRegister.gov documents in the last year, 9 The U.S. Small Business Administration (SBA) established the size standards. Use the PDF linked in the document sidebar for the official electronic format. 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. of 7(a) and 504 loans not available to firms that would have lost small business status, Estimated 7(a) and 504 loan amount not available to firms that would have lost small status ($ million), % decrease to 7(a) and 504 loan amount relative to the total amount of 7(a) and 504 loans in industries for which SBA considered decreasing size standards, Total no. See https://www.bls.gov/cps/cpsaat26.htm. documents in the last year, 351 In other words, the size standards of 46 industries for which the analytical results suggest raising size standards would be raised. We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. on Read more... News (Read all news) OPEN CALL FOR TENDER: Representation of ICT SMEs in the ETSI managing bodies. For example, there will be more firms seeking SBA's loans, more firms eligible for enrollment in the Dynamic Small Business Search (DSBS) database or in certify.sba.gov, more firms seeking certification as 8(a)/BD or HUBZone firms or qualifying for small business, SDB, WOSB, EDWOSB, and SDVOSB status, and more firms applying for SBA's 8(a)/BD and all small business mentor-protégé programs. Noté /5. Enhanced Content. Federal Register provide legal notice to the public and judicial notice 85, Issue PRORULE 2020-26312 VI SMALL BUSINESS ADMINISTRATION 2021-01-26 8026-03-P 2020-26312 Proposed rule. Summary of Size Standards by Industry Size guidelines define the maximum size that a firm (including its affiliates) can be to qualify as a small business ⦠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. Under the “anchor” approach, SBA generally evaluated the characteristics of individual industries relative to the average characteristics of industries with the anchor size standard to determine whether they should have a higher or a lower size standard than the anchor. Specifically, for the Federal contracting factor, SBA examines the small business share of Federal contract dollars relative to small business share of total receipts within an industry. 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%). When necessary, SBA also considers other secondary factors that are relevant to the industries and the interests of small businesses, including impacts of size standards changes on small businesses. The latest Federal Reserve Board's Monetary Policy Report shows that in general the most impacted firms in these sectors are the small businesses.[3]. This table of contents is a navigational tool, processed from the 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. Based on the SBA's internal data on its loan programs for fiscal years 2016-2018, small businesses in those industries received, on an annual basis, a total of 9,664 7(a) and 504 loans in that period, totaling about $2.9 billion, of which 86.3% was issued through the 7(a) program and 13.7% was issued through the 504/CDC program. 13771 Guidance”), “transfers” are not covered by E.O. Besides the Economic Census, Agricultural Census and CBP tabulations, SBA also evaluates relevant industry data from other sources when necessary, especially for industries that are not covered by the Economic Census or CBP. documents in the last year, by the Federal Communications Commission The total average contract dollars obligated under these PSCs was $3.2 billion and $1.9 billion, respectively. Accessed June 29, 2020. 12/30/2020, 394 [FR Doc. Combining that result with the 20th percentile and 80th percentile values of size standards among the industries with the same measure of size standards, SBA computes a size standard supported by each industry factor for each industry. Accessed June 29, 2020. We have discussed already the benefits and costs of increasing 46 size standards. Table 6—Proposed Size Standards Revisions. This action meets applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Specifically, section 3(a)(3) of the Small Business Act (15 U.S.C. An entity is generally eligible for the PPP if it, combined with its affiliates, is a small business as defined in Section 3 of the Small Business Act (15 U.S.C. of EIDL loans to newly-qualified small firms, Estimated EIDL loan amount to newly-qualified small firms ($ million), % increase to EIDL loan amount relative to the total amount of EIDL loans in industries with proposed increases to size standards, No. Nonetheless, SBA considered two other alternatives. For each size standard type, if the industry's Start Printed Page 72589characteristics are similar to the average characteristics of industries in the 80th percentile, SBA will assign a size standard that corresponds to the 80th percentile in the size standard rankings of industries. Businesses losing small business status would also be impacted in terms of access to loans through the SBA's EIDL program. This represents a 0.1% increase of the loan amounts relative to the Group baseline. SBA seeks feedback on whether SBA's proposal to increase 46 size standards and retain 48 size standards is appropriate given the results from the latest available industry and Federal contracting data of each industry and subindustry (exception) reviewed in this proposed rule, along with ongoing uncertainty and dramatic contraction in economic activity due to the global COVID-19 pandemic. 2776, 3133). For purposes of this regulatory action, the baseline represents maintaining the “status quo,” i.e., making no changes to the current size standards. By law, SBA is required to develop numerical size standards for establishing eligibility for Federal small business assistance programs and to review every five years all size standards and make necessary adjustments to reflect the current industry structure and Federal market conditions. However, the SBA's historical data on size protests shows that the number of size protests decreased following the increases to receipts-based size standards as part of the first 5-year review of size standards. All believed that the $27.0 million size standard was too low and needed to be increased. documents in the last year, 73 12/30/2020, 303 Commenters also pointed out that contracts for the exceptions tend to be large already and were trending upwards each year. Based on the same data, SBA estimates that those newly-qualified small businesses under the proposed increases to size standards, if adopted, could receive Federal small business contracts totaling about $752.6 million annually. Below is a discussion of SBA's revised “Size Standards Methodology” (Methodology), available at www.sba.gov/size, for establishing, reviewing, or modifying receipts-based size standards that SBA has applied to this proposed rule. 2. However, SBA will also consider and evaluate other secondary factors that it believes are relevant to a particular industry (such as technological changes, growth trends, SBA financial assistance, and other program factors). That represents a 0.4% increase to the loan amount compared to the Group baseline. Based on the analysis of the latest data available, SBA believes that the revised standards in this proposed rule more appropriately reflect the size of businesses that need Federal assistance. § 121.201 (list of size standards). The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Identify your comments by RIN 3245-AG91 and submit them by one of the following methods: (1) Federal eRulemaking Portal: www.regulations.gov. SBA will adopt this approach temporarily and may reevaluate this approach as the economic situation evolves. These markup elements allow the user to see how the document follows the This prototype edition of the The law changed the time-period for calculating annual revenues for purposes of the Small Business Administration (SBA)’s receipts-based size standards from a three-year lookback to a five-year lookback. During that two-year period, a company may choose to use either a three-year average or a five-year average to calculate its receipts and the receipts of its affiliates. on of additional EIDL loans to newly-qualified small firms, Estimated additional EIDL loan amount to newly-qualified small firms ($ million), % increase to EIDL loan amount relative to the total amount of EIDL loans to small businesses, * * * * * * *. More information and documentation can be found in our The size standards are for the most part expressed in either millions of dollars (those preceded by â$â) or ⦠CLICK TO DOWNLOAD Aug 2019 Version Table 2, 20th and 80th Percentiles of Industry Factors for Receipts-Based Size Standards, shows the 20th percentile and 80th percentile values for average firm size (simple and weighted), average assets size, 4-firm concentration ratio, and Gini coefficient for industries with receipts-based size standards. For detailed calculations, see SBA's Methodology, available on its website at www.sba.gov/size. For industries with receipts-based standards, the second comparison group consisted of industries with size standards between $23.0 million and $35.5 million, with the weighted average size standard for the group equaling $29.0 million. The Office of Management and Budget (OMB) has determined that this proposed rule is a significant regulatory action for purposes of Executive Order 12866. on However, the actual impact could be much less as businesses losing small business eligibility under the decreases to industry-based size standards could still qualify for SBA's loans under the tangible net worth and net income-based alternative size standard. In general, if the share of Federal contract dollars awarded to small businesses in an industry is significantly smaller than the small business share of total industry receipts, all else remaining the same, a justification would exist for considering a size standard higher than the current size standard. Rather than review all size standards at one time, SBA is reviewing size standards by grouping industries within various NAICS sectors that use the same size measure (i.e., employees or receipts). âNew size standards will enable nearly 1,650 more businesses in those industries to obtain or retain small business status, will give federal agencies a larger pool of small businesses from which to choose for their procurement programs; and will make more small businesses eligible for SBAâs loan programs,â announced the SBA, following the publication of two final rules in late January. SBA Proposes Rule to Change the Annual Average Receipts Calculation for Small Businesses, Small Business Runway Extension Act of 2018 Amends Size Standard Calculation Period, Impact of Section 889âs Telecommunications and Video Surveillance Equipment Prohibitions on Federal Grant and Loan Recipients. Reviewing and modifying size standards, when appropriate, ensures that intended beneficiaries are able to access Federal small business programs that are designed to assist them to become competitive and create jobs. 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. These include SBA's loan programs, EIDL program, and Federal procurement programs intended for small businesses. At the start of the current comprehensive review of SBA's small business size standards, there were 41 different size standards levels, covering 1,141 NAICS industries and 18 sub-industry activities (i.e., âexceptionsâ in SBA's table of size standards). 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. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. 3. Accordingly, SBA examined its internal 7(a) and 504 loan data for fiscal years 2016-2018 to assess whether the calculated size standards in Table 4 (above) need further adjustments to ensure credit opportunities for small businesses through those programs. Before proposing or deciding on an industry's size standard revision, SBA also considers the impact of size standards revisions on SBA's loan programs. These include the Quarterly Census of Employment and Wages (QCEW, also known as ES-202 data) (www.bls.gov/cew/) and Business Employment Dynamics (BED) data (www.bls.gov/bdm/) from the U.S. Bureau of Labor Statistics. SBA uses financial assets for certain financial industries and refining capacity, in addition to employees, for the petroleum refining industry to measure business size. SBA then evaluates each industry by comparing its value for each industry factor to the 20th percentile and 80th percentile values for the corresponding factor for industries under a particular type of size standard. The proposed size standard changes impose no additional reporting or record keeping requirements on small businesses. Accordingly, SBA has established $1.0 million as the minimum size standard and $5.0 million as the maximum size standard for industries in Subsector 111 (Crop Production) and Subsector 112 (Animal Production and Aquaculture). SBA gave appropriate consideration to all input, suggestions, recommendations, and relevant information obtained from industry groups, individual businesses, and Federal agencies in developing size standards for those industries covered by this proposed rule. In cases where small business share of the Federal market is already appreciably high relative to the small business share of the overall market, SBA generally assumes that the existing size standard is adequate with respect to the Federal contracting factor. These data are arrayed by various classes of firms' size based on the overall number of employees and receipts of the entire enterprise (all establishments and affiliated firms) from all industries. A higher size standard would be supported for an industry in which the distribution of firms indicates that most of the economic activity is concentrated among the larger firms. The 2010 Jobs Act also requires SBA to review all size standards and make necessary adjustments to reflect market conditions.Start Printed Page 72605. Details on the estimated costs of this proposed rule can be found in the Regulatory Impact Analysis above. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. If the characteristics of a specific industry under review were similar to the average characteristics of industries in the anchor group, SBA generally adopted the anchor size standard for that industry. What is the need for and objective of the rule? 13771. Such changes can be enough to support revisions to current size standards for some industries. With an expanded pool of small businesses, it is likely that Federal agencies would set-aside more contracts for small businesses under the proposed increases to size standards. 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. The first 5-year review of size standards was completed in early 2016. These include the 8(a)/BD (Business Development) Program, the Small Disadvantaged Businesses (SDB) Program, the Historically Underutilized Business Zones (HUBZone) Program, the Women-Owned Small Businesses (WOSB) Program, the Economically Disadvantaged Women-Owned Small Businesses (EDWOSB) Program, and the Service-Disabled Veteran-Owned Small Businesses (SDVOSB) Program. Copyright © 2020 Taft Stettinius & Hollister LLP. Specifically, the actual level of the new size standard for each industry factor is derived by a linear interpolation using the 20th percentile and 80th percentile values of that factor and corresponding percentiles of size standards. the Federal Register. 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 as well. "Table of Small Business Size Standards Matched to North American Industry Classification System Codes," Page 2. Accordingly, in view of the above impacts on small businesses from the COVID-19 pandemic and Federal Government efforts to provide relief to small businesses and support to the overall economy, SBA proposes to adopt increases to size standards for 46 industries and retain the current size standards for 48 industries or subindustries for a vast majority of which analytical results suggested their size standards could be lowered. Analytical details involved in the averaging procedure are described in SBA's Methodology, which is available on its website at www.sba.gov/size. Document page views are updated periodically throughout the day and are cumulative counts for this document. For comparison with the calculated new size standards, the current size standards are in column 10 of Table 4. If the proposed rule is adopted in its present form, SBA estimates that an additional 1,530 businesses will be defined as small. However, with agencies likely setting aside more contracts for small businesses in response to the availability of a larger pool of small businesses under the proposed increases to size standards, HUBZone firms might actually end up getting fewer full and open contracts, thereby resulting in some cost savings to agencies. 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. The Regulatory Flexibility Act authorizes an Agency to establish an alternative small business definition, after consultation with the Office of Advocacy of the U.S. Small Business Administration (5 U.S.C. A description of the need for this regulatory action and benefits and costs associated with this action, including possible distributional impacts that relate to Executive Order 13563, is included above in the Regulatory Impact Analysis under Executive Order 12866. SBA computes two measures of average firm size: Simple average and weighted average. To determine eligibility for Federal small business assistance, SBA establishes small business size definitions (usually referred to as “size standards”) for private sector industries in the United States. This is an additional factor SBA considers in assessing competition within an industry besides the 4-firm concentration ratio. Information is not aware of any Federal rule that would duplicate or conflict with Jobs. Headings within the legal text of Federal Register documents 8, baseline all. Lose some Federal contracts for those services propose retaining all size standards be... 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