×
Friday, October 9, 2026

Gov. Contractors: SBA Changed Employee Calculating Size Standard - The National Law Review

On July 6, 2022, the Small Business Administration (SBA) changed its rules for calculating size based on the number of employees from a 12-month calculation period to 24 months (87 Fed. Reg. 34094 (the Final Rule)). Government contractors should review the Final Rule and the revised 13 C.F.R. § 121.106 to determine any impact that these recent changes will have on their size status for government contracts and subcontracts.

Regulatory Background For Recent Changes To SBA’s Size Standards

A business concern may self-certify as small for a federal government contract if it meets the applicable size standard associated with the NAICS Code that is assigned to that contract. The NAICS Codes and associated size standards are found at 13 C.F.R. § 121.201. Each size standard is determined by either: (1) the average number of employees employed by the concern, or (2) the concern’s average annual receipts.

On December 17, 2018, President Trump signed into law the Small Business Runway Extension Act of 2018 (Runway Extension Act), which increased the measurement period for calculating average annual receipts for small business size purposes from three years to five years. The Runway Extension Act did not impact employee-based size standards. We addressed that change in previous alerts, which can be found here. The general purpose of the Runway Extension Act was to allow businesses with increasing revenues to have more time under the five-year calculation to remain small before being...



Read Full Story: https://www.natlawreview.com/article/small-business-administration-changed-it...