ARTICLE
22 February 2016

What You Should Know About the SBA's New Size Standards

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Foley & Lardner

Contributor

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
Next week, increased size standards for small business concerns will take effect across hundreds of industries, enabling some businesses to now qualify as small and become eligible for a number of federal procurement programs.
United States Government, Public Sector

Next week, increased size standards for small business concerns will take effect across hundreds of industries, enabling some businesses to now qualify as small and become eligible for a number of federal procurement programs.

The new size standards, which go into effect on February 26, 2016, apply to nearly 300 industries across multiple North American Industry Classification System (NAICS) sectors. Although the vast majority of the changes result in an increase in the employee-based size standards, the final rule also decreases the size standards for a few mining related NAICS codes. For example, the U.S. Small Business Association (SBA) increased small business size standards for 209 industries in NAICS Sector 31-33, Manufacturing, which the SBA estimates will result in about 1,250 additional firms qualifying as small. The SBA also recently finalized an interim rule published in July 2014 that increased for inflation the monetary-based size standards by 8.73 percent—the only such increase since 2008.

Businesses potentially subject to a size status change as a result of these increased size standards should review the changes implemented by the SBA and update their System for Award Management (SAM) registrations to ensure that all information is current, accurate, and complete. This also provides businesses with an opportunity to verify the number of employees and annual receipts they are reporting in SAM, taking into account the SBA's regulations on how to calculate and report these figures, including ensuring that the numbers reflect the total employees and annual receipts of the business and all of its "affiliates" (as defined in the SBA regulations). These changes will help ensure that a business is correctly classified as small or large once the NAICS codes link to the new size standards.

Specific details on the new size standards are available on the SBA's website and in the Federal Register at 81 FR 4435; 81 FR 4469; 81 FR 3941; and 81 FR 3949.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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