The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Finally, to evaluate the capacity component of the Petroleum Refiners (NAICS 324110) size standard, SBA evaluates the petroleum production data from the Energy Information Administration (www.eia.gov). This document has been published in the Federal Register. Analytical details involved in the averaging procedure are described in SBA's Methodology, which is available on its website at www.sba.gov/size. â¦ (a) Locating size standards and North American Industry Classification System codes. See https://www.bls.gov/cps/cpsaat26.htm. 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¦ The President of the United States manages the operations of the Executive branch of Government through Executive orders. 13771 Guidance”), “transfers” are not covered by E.O. SBA increases the existing size standards by certain percentages when the small business share of total industry receipts exceeds the small business share of total Federal contract dollars by 10 or more percentage points. To calculate average assets, SBA used sales to total assets ratios from the Risk Management Association's Annual eStatement Studies, 2016-2018 (https://rmau.org). 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. SBA seeks comments on its proposed changes to size standards in the above sectors, and the data sources it evaluated to develop the proposed size standards. 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. The disparity between the small business Federal market share and industry-wide small business share may be due to various factors, such as extensive administrative and compliance requirements associated with Federal contracts, the different skill set required to perform Federal contracts as compared to typical commercial contracting work, and the size of Federal contracts. The SBA's table of small business size standards helps small businesses assess their business size. of current unique small firms getting small business contracts (FPDS-NG FY 2016-2018), Additional small firms getting small business status (FPDS-NG FY 2016-2018), % increase to small firms relative to current unique small firms getting small business contracts (FPDS-NG FY 2016-2018), Total small business small business contract dollars under current size standards ($ million) (FPDS-NG FY 2016-2018), Estimated small business dollars available to newly-qualified small firms ($ million) FPDS-NG FY 2016-2018), % increase to dollars relative to total small business contract dollars under current size standards, Total no. on 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. better and aid in comparing the online edition to the print edition. Because of the importance of these sectors for the Federal procurement, SBA may adopt mitigating measures to reduce the negative impact under the assumptions of Option One. Based on the SBA's loan data for fiscal years 2016-2018, the total number of 7(a) and 504 loans may increase by about 15 loans, and the loan amounts by about $7.8 million. 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 â¦ The most significant benefit to businesses from proposed increases to size standards is gaining eligibility for Federal small business assistance programs or retaining that eligibility for a longer period. For some portion of impact analysis, SBA also evaluated the data from the System of Award Management (SAM) (www.sam.gov). 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. Among those newly-defined small businesses seeking SBA's loans, there could be some additional costs associated with verification of their small business status. Retaining all size standards at their current levels would be more onerous for small businesses than the option of adopting 46 increases and retaining the rest of the size standards. Other than varying the levels of size standards by industry and changing the measures of size standards (e.g., using annual receipts vs. the number of employees), no practical alternatives exist to the systems of numerical size standards. With a greater number of businesses defined as small due to the proposed increases to size standards, Federal agencies may choose to set-aside more contracts for competition among small businesses only instead of using a full and open competition. From this group, SBA identified a subgroup of 168 PSCs corresponding to the Military and Aerospace Equipment and Military Weapons exception, and 40 PSCs corresponding to the Marine Engineering and Naval Architecture exception. documents in the last year, 44 Effective October 1, 2017, SBA adopted the OMB's 2017 NAICS revisions to its size standards (82 FR 44886, September 27, 2017). [FR Doc. Table 1, Size Standards Revisions During the First 5-Year Review, provides a summary of these revisions by NAICS sector. 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. 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. Alternative Option One: Consider Adopting All Calculated Size Standards, Transfer Impacts of Decreases to Size Standards, Alternative Option Two: To Retain All Current Size Standards. that agencies use to create their documents. Table 11—Net Impacts of Size Standards Changes Under Alternative Option One. Under OMB Circular A-4, SBA is required to consider regulatory alternatives to the proposed changes in the proposed rule. In response to public comments to the 2009 Methodology white paper, and the 2013 amendment to the Small Business Act (section 3(a)(8)) under section 1661 of the National Defense Authorization Act for Fiscal Year 2013 (“NDAA 2013”) (Pub. Document Drafting Handbook 632(a)(3)) requires that “. The adoption of smaller size standards when the results support them diminishes the risk of awarding contracts to firms that are not small anymore. To determine the actual intended beneficiaries of these programs, SBA establishes numerical size standards by industry to identify businesses that are deemed small. SBA must receive comments to this proposed rule on or before January 12, 2021. Given the uncertainty produced by the global COVID-19 pandemic and the economic consequences, SBA would like to receive comments from the public on the possibility of lowering size standards while mitigating the consequences of the lower standards, instead of not lowering any size standards at all. The FPDS-NG showed very few actions involving Contracts and Subcontracts for Engineering Services Awarded Under the National Energy Policy Act of 1992. (In the prior review, SBA reviewed size standards mostly on a sector-by-sector basis.) The primary factors that SBA evaluates to examine industry structure include average firm size, startup costs and entry barriers, industry competition, and distribution of firms by size. The SBAâs size standards determine whether or not your business qualifies as small. That percentage varies from 65.3 percent% in Sector 55 to 98.4 percent% in Sector 54. 3. 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. Federal Register provide legal notice to the public and judicial notice The latter is a recent survey created by the Census Bureau to provide high-frequency, detailed information on participation in small business-specific initiatives such as the PPP. Industry structure is typically examined by analyzing four primary factors: Average firm size, degree of competition within an industry, start-up costs and entry barriers, and distribution of firms by size. SBA seeks feedback on whether it should assign equal weight to each factor or on whether it should give more weight to one or more factors for certain industries or subindustries. Additionally, Executive Order 13563, section 6, calls for retrospective analyses of existing rules. Read the 52 public comments on this document, https://www.federalregister.gov/d/2020-24903, MODS: Government Publishing Office metadata, www.census.gov/programs-surveys/cbp.html, https://www.federalreserve.gov/monetarypolicy/files/20200612_mprfullreport.pdf, Professional, Scientific and Technical Services, Administrative and Support and Waste Management and Remediation Services, Industries, excluding Subsectors 111 and 112, 541191 Title Abstract and Settlement Offices, 541211 Offices of Certified Public Accountants, Except Military and Aerospace Equipment and Military Weapons, Except Contracts and Subcontracts for Engineering Services Awarded Under the National Energy Policy Act of 1992, Except Marine Engineering and Naval Architecture, 541360 Geophysical Surveying and Mapping Services, 541370 Surveying and Mapping (except Geophysical) Services, 541511 Custom Computer Programming Services, 541513 Computer Facilities Management Services, 541611 Administrative Management and General Management Consulting Services, 541612 Human Resources Consulting Services, 541614 Process, Physical Distribution, and Logistics Consulting Services, 541618 Other Management Consulting Services, 541690 Other Scientific and Technical Consulting Services, 541720 Research and Development in the Social Sciences and Humanities, 541870 Advertising Material Distribution Services, 541890 Other Services Related to Advertising, 541910 Marketing Research and Public Opinion Polling, 541930 Translation and Interpretation Services, 541990 All Other Professional, Scientific and Technical Services, 551112 Offices of Other Holding Companies, 561330 Professional Employer Organizations, 561422 Telemarketing Bureaus and Other Contact Centers, 561439 Other Business Service Centers (including Copy Shops), 561492 Court Reporting and Stenotype Services, 561499 All Other Business Support Services, 561599 All Other Travel Arrangement and Reservation Services, 561612 Security Guards and Patrol Services, 561621 Security Systems Services (except Locksmiths), 561710 Exterminating and Pest Control Services, 561740 Carpet and Upholstery Cleaning Services, 561790 Other Services to Buildings and Dwellings, 561920 Convention and Trade Show Organizers, 562211 Hazardous Waste Treatment and Disposal, 562213 Solid Waste Combustors and Incinerators, 562219 Other Nonhazardous Waste Treatment and Disposal, 562998 All Other Miscellaneous Waste Management Services, Geophysical Surveying and Mapping Services, Surveying and Mapping (except Geophysical) Services, Administrative Management and General Management Consulting Services, Process, Physical Distribution, and Logistics Consulting Services, Other Scientific and Technical Consulting Services, Research and Development in the Social Sciences and Humanities, Advertising Material Distribution Services, Marketing Research and Public Opinion Polling, All Other Professional, Scientific and Technical Services, Telemarketing Bureaus and Other Contact Centers, Other Business Service Centers (including Copy Shops), All Other Travel Arrangement and Reservation Services, Security Systems Services (except Locksmiths), Other Services to Buildings and Dwellings, Other Nonhazardous Waste Treatment and Disposal, All Other Miscellaneous Waste Management Services, Administrative and Support, Waste Management and Remediation Services, Baseline All Industries (current size standards), Total small firms under current size standards (Economic Census), Total contract dollars ($ million) (FPDS-NG FY2016-2018), Total small business contract dollars under current standards ($ million) (FPDS-NG FY2016-2018), Small business dollars as % of total dollars (FPDS-NG FY2016-2018), Total No. of 7(a) and 504 loans to small businesses (FY 2016-2018), Total amount of 7(a) and 504 loans to small businesses (FY 2016-2018), Estimated no. These exceptions apply only to Federal contracts for those services. 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 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, * * * * * * *. A more detailed description of the percentile method is provided in SBA's Methodology, available at www.sba.gov/size. With some larger small businesses losing small business status under the decreases to size standards, smaller small businesses would likely become more competitive in obtaining set-aside contracts. For industries with receipts-based size standards, the simple average is the total receipts of the industry divided by the total number of firms in the industry. SBA uses two primary measures of business size for size standards purposes: Average annual receipts and average number of employees. However, SBA has no data to estimate the number of small businesses receiving such benefits. of unique small firms getting small business contracts (FPDS-NG FY2016-2018), No. of current unique small firms getting small business contracts in industries for which SBA considered decreasing size standards (FPDS-NG FY 2016-2018), Estimated number of small business firms that would have lost small business status in the decreases that SBA considered, % decrease to small business firms relative to current unique small firms getting small business contracts in industries for which SBA considered decreasing size standards (FPDS-NG FY 2016-2018), Total small business contract dollars under current size standards in industries for which SBA considered decreasing size standards ($ million) (FPDS-NG FY 2016-2018), Estimated small business dollars not available to firms losing small business status (Using avg dollars obligated to SBs) ($ million), % decrease to small business dollars relative to total small business contract dollars under current size standards in industries for which SBA considered decreasing size standards, Total no. 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. 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. SBA had already launched a comprehensive review of size standards in 2007. daily Federal Register on FederalRegister.gov will remain an unofficial 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. In the current review, SBA will review size standards in six (6) groups of NAICS sectors. provide legal notice to the public or judicial notice to the courts. Table 10—Impacts of Decreases to Size Standards Under Alternative Option One. 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. Newly-qualified small businesses will also benefit from the SBA's EIDL program. Similarly, to evaluate certain financial industries that have asset-based size standards, SBA examines the data from the Statistics on Depository Institutions (SDI) database (www5.fdic.gov/sdi/main.asp) of the Federal Depository Insurance Corporation (FDIC) data. With the availability of a larger pool of small businesses under the proposed increases to size standards, some unrestricted Federal contracts that would otherwise be awarded to large businesses may be set-aside for small businesses. 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. 2. In the prior comprehensive review, 16 commenters addressed SBA's proposal to retain the then current $27.0 million size standard for the exceptions. Nevertheless, since Federal agencies are still required to meet the statutory small business contracting goal of 23 percent %, actual impacts on the overall set-aside activity is likely to be smaller as agencies are likely to award more set-aside contracts to small businesses that continue to remain small under the reduced size standards. From the total small business contract dollars awarded during the period considered, 71.2% were awarded through various small business set-aside programs and 28.8% were awarded through non-set set-aside contracts. of additional 7(a) and 504 loans to newly-qualified small firms, Estimated additional 7(a) and 504 loan amount to newly-qualified small firms ($ million), % increase to 7(a) and 504 loan amount relative to the total amount of 7(a) and 504 loans to small businesses, Total no. 12/30/2020, 303 of unique firms getting contracts (FPDS-NG FY2016-2018), Total No. 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. documents in the last year, by the Federal Communications Commission These include SBA's business loan programs, EIDL program, and Federal procurement programs intended for small businesses. The SBA's Methodology presented above results in five separate size standards based on evaluation of the five primary factors (i.e., four industry factors and one Federal contracting factor). 601(3)). 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. 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. If an industry's value for a particular factor is near the 20th percentile value in the distribution, the supported size standard will be one that is close to the 20th percentile value of size standards for industries in the size standards group, which is $8.0 million. Identify your comments by RIN 3245-AG91 and submit them by one of the following methods: (1) Federal eRulemaking Portal: www.regulations.gov. L. 116 â¦ 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. 11/12/2020 at 8:45 am. For the 6 remaining industries or subindustries, size standards would be maintained at their current levels. Congress had expected the lawâs mandate for a new five year measurement period to be applied immediately. 1. publication in the future. The impact of the increases of size standards were already shown in Table 9 above. SBA's primary source of industry data used in this proposed rule for evaluating industry characteristics and developing size standards is a special tabulation of the Economic Census from the U.S. Census Bureau (www.census.gov/econ/census). As a policy decision, SBA continues to maintain the minimum and maximum levels for both receipts and employee-based size standards. The authority citation for part 121 continues to read as follows: Authority: SBA could adopt one or more of the Start Printed Page 72602following three actions: 1. 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. Commenters also pointed out that contracts for the exceptions tend to be large already and were trending upwards each year. SBA will post all comments to this proposed rule on www.regulations.gov. Thus, SBA has determined that this rulemaking is exempt from the requirements of E.O. A separate size standard is established for each factor based on the amount of differences between the factor value for an industry under a particular size standard type and 20th percentile and 80th percentile values for the corresponding factor for all industries in the same type. With fewer businesses qualifying as small under the decreases to size standards, Federal agencies will have a smaller pool of small businesses from which to draw for their small business procurement programs. 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. The added competition from more businesses qualifying as small can result in lower prices to the Government for procurements set-aside or reserved for small businesses, but SBA cannot quantify this impact. Table 7—Summary of Proposed Size Standards Revisions by Sector. New Documents (For further detail, see SBA's Methodology on its website at www.sba.gov/size.) 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. Noté /5. This document has been published in the Federal Register. Additionally, some Federal contracts may possibly have higher costs. The baseline should represent the agency's best assessment of what the world would look like absent the regulatory action. Noté /5. 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. 1503 & 1507. SBA-2020-0049 Docket Name: Small Business Size Standards: Agriculture, Forestry, Fishing and Hunting; Mining, Quarrying, and Oil and Gas Extraction; Utilities; Construction Docket RIN 3245-AG89. The E.O. That represents a 0.4% increase to the loan amount compared to the Group baseline. has no substantive legal effect. exceptions) reviewed in this proposed rule, the results from analyses of the latest available data on the five primary factors from Table 4, Size Standards Supported by Each Factor for Each Industry (millions of dollars), above, would support increasing size standards for 46 industries, decreasing size standards for 43 industries and 3 subindustries, and maintaining size standards for 6 industries. Table 4—Size Standards Supported by Each Factor for Each Industry (Receipts), [Upper value = calculated factor, lower value = size standard supported]. 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). In this section, SBA describes and analyzes two such alternatives to the proposed rule. Relevant information about this document from Regulations.gov provides additional context. documents in the last year, 106 SBA has determined, subject to the approval of the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB), that this proposed rule is not subject to the requirements of E.O. 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. informational resource until the Administrative Committee of the Federal However, as under the proposed increases to size standards, it would have no impact on the overall economic activity since the total Federal contract dollars available for businesses to compete for will stay the same. Public Law 115-324 (the âSmall Business Runway Extension Act of 2018â) amended section 3(a)(2)(C)(ii)(II) of the Small Business Act, 15 U.S.C. Commenters addressing size standards for a specific industry or a group of industries should include relevant data and/or other information supporting their comments. Updated August 28, 2020 Congressional Research Service https://crsreports.congress.gov R40860 . According to the E.O. 2. On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the âCARES Actâ or the âActâ) (Pub. Additionally, all those businesses were below the reduced size standards. Accessed June 29, 2020. See generally 13 C.F.R. RIN 3245-AG88 Small Business Size Standards: Education Services; Health Care and Social Assistance; Arts, Entertainment and Recreation; Accommodation and Food Services; Other Services; Federal Register Vol. SBA invites public comments on this proposed rule, especially on the following issues: 1. documents in the last year, 1466 Table 5—Summary of Calculated Size Standards. 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. A variety of economic indicators such as the Gross Domestic Product (GDP) and the unemployment rate shows that this recession is significantly worse than any other recession since World War II. Section 3021(b)(1) of Public Law 102-486, the National Energy Policy Act of 1992 (106 Stat. All other factors being equal, if the share of Federal contracting dollars awarded to small businesses in an industry is significantly less than the small business share of that industry's total receipts, a justification would exist for considering a size standard higher than the current size standard. "Table of Small Business Size Standards Matched to North American Industry Classification System Codes," Page 2. In addition, SBA's Small Business Investment Company (SBIC), Certified Development Company (504), and 7(a) Loan Programs use either the industry-based size standards or tangible net worth and net income-based alternative size standards to determine eligibility for those programs. L. 112-239, January 2, 2013), in the revised Methodology, SBA has relaxed the limitation on the number of small business size standards. regulatory information on FederalRegister.gov with the objective of If a significantly higher share of economic activity within an industry is concentrated among the four largest firms compared to most other industries, all else being equal, SBA would set a size standard that is relatively higher than for most other industries. 4. That represents about 0.1% of all firms classified as small under the current size standards. That represents a 17% decline. Nearly one year ago, on Dec. 18, 2018, the Small Business Runway Extension Act was signed into law. of industries for which SBA considered decreasing size standards (2012 Economic Census), Total current small businesses in industries for which SBA considered decreasing size standards (EC 2012), Estimated no. 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. One of SBA's goals in support of promoting the Administration's objectives is to help small businesses succeed through fair and equitable access to capital and credit, Federal Government contracts and purchases, and management and technical assistance. 3. edition of the Federal Register. SBA evaluated the small business share of total Federal contract dollars for the 61 industries covered by this proposed rule—31 in Sector 54, and 30 in Sector 56—that had $20 million or more in average annual Federal contract dollars during fiscal years 2016-2018. Provides these baseline results by sector 54 the PPP, was provided % from the SBA 's Administrator to! 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This represents a 0.4 % increase to the total average contract dollars obligated under these PSCs $. Objectives while minimizing the impact of the United States manages the operations of the Start Printed Page 72606will not any! The unemployment rate was 8.4 % form, SBA has determined that this might result a! Measures are adopted this rulemaking is exempt from the requirements of E.O % from Group. Part of the percentile method is provided in SBA 's loan programs, SBA proposes to amend CFR. Which the analytical results suggest lowering size standards for establishing eligibility for Federal small business dollars from System... Fully in the next day's Federal Register and services decreased 6.9 % in sector to!
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