How may an agency use size standards for its programs that are different than those established by SBA?

CFR · 2024-01-01 · US · Title 13

(a) Federal agencies or departments promulgating regulations relating to small businesses usually use SBA size criteria. In limited circumstances, if they decide the SBA size standard is not suitable for their programs, then agency heads may establish a more appropriate small business definition for the exclusive use in such programs, but only when: (1) The size standard will determine: (i) The size of a manufacturing concern by its average number of employees based on the preceding 24 calendar months, determined according to § 121.106; (ii) The size of a services concern by its average annual receipts over a period of at least 5 years, determined according to § 121.104; (iii) The size of other concerns on data over a period of at least 5 years, determined according to § 121.104; or, (iv) Other factors approved by SBA; (2) The agency has consulted in writing with SBA's Division Chief, office of Size Standards at least fourteen (14) calendar days before publishing the proposed rule which is part of the rulemaking process. The written consultation will include: (i) What size standard the agency contemplates using; (ii) To what agency program it will apply; (iii) How the agency arrived at this particular size standard for this program; and, (iv) Why SBA's existing size standards do not satisfy the program requirements; (3) The agency proposes the size standard for public comment pursuant to the Administrative Procedure Act, 5 U.S.C. 553; (4) The agency provides a copy of the pro

official document · source cfr-2024 · id 13:§ 121.903