# 13 C.F.R. § 121.102 (2026): How does SBA establish size standards? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_102 ## Section - **Citation:** 13 C.F.R. § 121.102 (2026) - **Heading:** How does SBA establish size standards? - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 13 CFR: Business Credit and Assistance / Chapter I: SMALL BUSINESS ADMINISTRATION / Part 121: SMALL BUSINESS SIZE REGULATIONS / Subpart A: Size Eligibility Provisions and Standards / § 121.102: § 121.102 How does SBA establish size standards? ## Text (a) SBA considers economic characteristics comprising the structure of an industry, including degree of competition, average firm size, start-up costs and entry barriers, and distribution of firms by size. It also considers technological changes, competition from other industries, growth trends, historical activity within an industry, unique factors occurring in the industry which may distinguish small firms from other firms, and the objectives of its programs and the impact on those programs of different size standard levels. (b) As part of its review of a size standard, SBA will investigate if any concern at or below a particular standard would be dominant in the industry. SBA will take into consideration market share of a concern and other appropriate factors which may allow a concern to exercise a major controlling influence on a national basis in which a number of business concerns are engaged. Size standards seek to ensure that a concern that meets a specific size standard is not dominant in its field of operation. (c) As part of its review of size standards, SBA's Office of Size Standards will examine the impact of inflation on monetary-based size standards (e.g., receipts, net income, assets) at least once every five years and submit a report to the Administrator or designee. If SBA finds that inflation has significantly eroded the value of the monetary-based size standards, it will issue a proposed rule to increase size standards. (d) Please address any requests to change existing size standards or establish new ones for emerging industries to the Division Chief, Office of Size Standards, Small Business Administration, 409 3rd Street, SW., Washington, DC 20416. ignee. If SBA finds that inflation has significantly eroded the value of the monetary-based size standards, it will issue a proposed rule to increase size standards. (d) Please address any requests to change existing size standards or establish new ones for emerging industries to the Division Chief, Office of Size Standards, Small Business Administration, 409 3rd Street, SW., Washington, DC 20416. (e) When SBA publishes a final rule in the Federal Register revising, modifying, or establishing a size standard, SBA will include in the final rule, an instruction that interested persons may file a petition for reconsideration of a revised, modified, or established size standard at SBA's Office of Hearings and Appeals (OHA) within 30 calendar days after publication of the final rule in accordance with 15 U.S.C. 632(a)(9) and part 134, subpart I of this chapter. The instruction will provide the mailing address, facsimile number, and email address of OHA. (f) Within 14 calendar days after a petition for reconsideration of a size standard is filed, unless it appears OHA will dismiss the petition for reconsideration, SBA will publish a document in the Federal Register announcing the size standard or standards that have been challenged, the Federal Register citation of the final rule, the assigned OHA docket number, and the date of the close of record. The document will further state that interested parties may contact OHA to intervene in the dispute pursuant to § 134.906 of this chapter. (g) Where OHA grants a petition for reconsideration of a size standard that had been revised or modified, OHA will remand the case to SBA's Office of Size Standards for further action in accordance with § 134.916(a) of this chapter. [61 FR 3286, Jan. 31, 1996, as amended at 67 FR 3045, Jan. 23, 2002; 82 FR 25506, June 2, 2017] ## Nearby sections - [13 C.F.R. § 121.101 (2026) § 121.101 What are SBA size standards?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_101.md) - [13 C.F.R. § 121.102 (2026) § 121.102 How does SBA establish size standards?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_102.md) - [13 C.F.R. § 121.103 (2026) § 121.103 How does SBA determine affiliation?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_103.md) - [13 C.F.R. § 121.104 (2026) § 121.104 How does SBA calculate annual receipts?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_104.md) - [13 C.F.R. § 121.105 (2026) § 121.105 How does SBA define “business concern or concern”?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_105.md) - [13 C.F.R. § 121.106 (2026) § 121.106 How does SBA calculate number of employees?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_106.md) - [13 C.F.R. § 121.107 (2026) § 121.107 How does SBA determine a concern's “primary industry”?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_107.md) - [13 C.F.R. § 121.108 (2026) § 121.108 What are the penalties for misrepresentation of size status?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_108.md) - [13 C.F.R. § 121.109 (2026) § 121.109 What is a small business status advisory opinion?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_109.md) - [13 C.F.R. § 121.110 (2026) § 121.110 What must a concern do in order to be identified as a small business concern in any Federal procurement databases?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_110.md) - [13 C.F.R. § 121.201 (2026) § 121.201 What size standards has SBA identified by North American Industry Classification System codes?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_201.md) - [13 C.F.R. § 121.301 (2026) § 121.301 What size standards and affiliation principles are applicable to financial assistance programs?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_301.md) - [13 C.F.R. § 121.302 (2026) § 121.302 When does SBA determine the size status of an applicant?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_302.md) - [13 C.F.R. § 121.303 (2026) § 121.303 What size procedures are used by SBA before it makes a formal size determination?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_303.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T13_P121_S121_102. 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