Pub. L. 103-403, tit. III, sec. 301

ESTABLISHMENT OF SIZE STANDARDS.

EnactedYear: 1994Length: 242 wordsOfficial source
SEC. 301. ESTABLISHMENT OF SIZE STANDARDS. Section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) is amended to read as follows: “(2) Establishment of size standards.— “(A) In general.—In addition to the criteria specified in paragraph (1), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this Act or any other Act. “(B) Additional criteria.—The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors. “(C) Requirements.—Unless specifically authorized by statute, no Federal department or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard— “(i) is proposed after an opportunity for public notice and comment; “(ii) provides for determining— “(I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 12 months; “(II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over a period of not less than 3 years; 108 STAT. 4188 “(III) the size of other business concerns on the basis of data over a period of not less than 3 years; or “(IV) other appropriate factors; and “(iii) is approved by the Administrator.”.