Notice2024-00781
Small Business Size Standards: Notification of Two Virtual Public Forums on the 2023 Revised Size Standards Methodology White Paper
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 17, 2024
Issuing agencies
Small Business Administration
Abstract
The U.S. Small Business Administration (SBA) is holding a series of two virtual public forums on size standards to update the public on the status of the forthcoming third five-year review of size standards, as mandated by the Small Business Jobs Act of 2010, and to consider public testimony on proposed changes to the SBA's size standards methodology for establishing, reviewing, or modifying size standards, as detailed in SBA's 2023 Revised Size Standards Methodology White Paper (2023 Revised Methodology). Testimony presented at these forums will become part of the administrative record for SBA's consideration when finalizing the 2023 Revised Methodology.
Full Text
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<title>Federal Register, Volume 89 Issue 11 (Wednesday, January 17, 2024)</title>
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[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Pages 3014-3016]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00781]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Notification of Two Virtual Public
Forums on the 2023 Revised Size Standards Methodology White Paper
AGENCY: Small Business Administration.
ACTION: Notification of virtual public forums on size standards review
and methodology.
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SUMMARY: The U.S. Small Business Administration (SBA) is holding a
series of two virtual public forums on size standards to update the
public on the status of the forthcoming third five-year review of size
standards, as mandated by the Small Business Jobs Act of 2010, and to
consider public testimony on proposed changes to the SBA's size
standards methodology for establishing, reviewing, or modifying size
standards, as detailed in SBA's 2023 Revised Size Standards Methodology
White Paper (2023 Revised Methodology). Testimony presented at these
forums will become part of the administrative record for SBA's
consideration when finalizing the 2023 Revised Methodology.
DATES: The virtual forum dates are as follows:
<bullet> Tuesday, January 23, 2024, from 1:00 p.m. to 3:00 p.m.,
EST.
[[Page 3015]]
<bullet> Thursday, January 25, 2024, from 1:00 p.m. to 3:00 p.m.,
EST.
ADDRESSES: The forums will be held via the Microsoft Teams platform.
Registration is required to attend these virtual events. Visit SBA's
size standards web page at <a href="http://www.sba.gov/size">http://www.sba.gov/size</a> to register.
FOR FURTHER INFORMATION CONTACT: Samuel Castilla, Economist, Office of
Size Standards, (202) 619-0389 or <a href="/cdn-cgi/l/email-protection#cbb8a2b1aeb8bfaaa5afaab9afb88bb8a9aae5aca4bd"><span class="__cf_email__" data-cfemail="2053495a455354414e4441524453605342410e474f56">[email protected]</span></a>. The phone
number above may also be reached by individuals who are deaf or hard of
hearing, or who have speech disabilities, through the Federal
Communications Commission's TTY-Based Telecommunications Relay Service
teletype service at 711.
SUPPLEMENTARY INFORMATION:
I. Background
SBA is seeking public comments on its SBA's 2023 Revised Size
Standards Methodology White Paper (2023 Revised Methodology) (available
at <a href="http://www.sba.gov/size">www.sba.gov/size</a>) in accordance with SBA's Federal Register notice
issued on December 11, 2023 (88 FR 85852) which notified the public of
the availability of the revised size standards methodology for public
review and requested comments on SBA's proposed revisions. The 2023
Revised Methodology explains how SBA establishes, reviews, and modifies
small business size standards. Specifically, the 2023 Revised
Methodology provides a detailed description of SBA's size standards
methodology, including changes from SBA's current methodology (also
available at <a href="http://www.sba.gov/size">www.sba.gov/size</a>), which guided the SBA's recently
completed second five-year review of size standards required by the
Small Business Jobs Act of 2010 (Pub. L. 111-240, 124 Stat. 2504, Sept.
27, 2010) (Jobs Act). SBA welcomes from interested parties comments and
feedback on the 2023 Revised Methodology, which SBA intends to apply to
the forthcoming third five-year review of size standards under the Jobs
Act. The comment period ends on February 9, 2024.
SBA is proposing changes to its methodology for reviewing size
standards in order to address public comments received under the second
five-year review of size standards and to make certain analytical
improvements. Major changes to the size standards methodology include:
(1) Replacing the current approach to account for the Federal
contracting factor with the ``disparity ratio'' approach; (2) Using the
Federal Procurement Data System--Next Generation (FPDS-NG) and the
System for Award Management (SAM) data to compute the 20th percentile
and 80th percentile values of industry factors for evaluating size
standards at subindustry levels (``exceptions''), instead of having
those calculated based on the Economic Census data; (3) Updating the
minimum and maximum size standard levels; and (4) Updating the 20th
percentile and 80th percentile values of industry factors, derived from
the 2017 Economic Census (latest available) and other industry data,
used to evaluate the structure of each industry.
Comments solicited by SBA on the 2023 Revised Methodology are not
industry specific, but rather, focused on SBA's process and assumptions
for evaluating size standards more generally. After evaluating all
comments received and finalizing the 2023 Revised Methodology, SBA will
later issue proposed rules detailing the proposed revisions to size
standards using the process described in the finalized size standards
methodology.
Generally, SBA accepts comments on size standards for specific
industries under the relevant proposed rule detailing the proposed
revisions to size standards for a particular industry or a group of
industries. This is to ensure that commenters are fully informed of the
impacts of SBA's finalized size standards methodology on the industries
for which they are interested in, and to offer stakeholders the
opportunity to provide SBA with comments, data, and analysis assessing
the appropriateness of SBA's proposed size standards. As such, SBA
encourages commenters with industry-specific comments to share their
feedback under the relevant forthcoming proposed rule after reviewing
SBA's proposed size standard for their specific industry, or group of
industries, of interest. After evaluating all public comments to the
proposed rule, SBA will issue a final rule adjusting size standards
under the forthcoming third five-year review of size standards.
II. Virtual Public Forums on Size Standards
Under this notice, SBA is advising the public that it is hosting a
series of two virtual public forums on size standards to update the
public on the status of the forthcoming third five-year review of size
standards under the Jobs Act and consider public testimony on proposed
changes contained in the 2023 Revised Methodology. These forums also
conform to the requirements of section 1344 of the Jobs Act which
mandates that SBA hold not less than two public forums during its
quinquennial review of size standards.
As part of fulfilling that mandate under the recently completed
second five-year review of size standards, on June 14 and June 16,
2022, SBA held a series of two virtual forums on size standards in
order to update the public on the status of the ongoing second five-
year review of size standards and consider public testimony on proposed
changes to size standards contained in the proposed rule covering
Manufacturing and other industries with employee-based size standards
(87 FR 24752; April 26, 2022). Comments received during the virtual
sessions were entered into the public docket for the rule and used to
further refine SBA's evaluation of size standards. SBA responded to all
comments received during the virtual sessions in the final rule for
Manufacturing and other industries with employee-based size standards
(88 FR 9970; February 15, 2023). SBA will use a similar format for
soliciting and evaluating comments on the 2023 Revised Methodology.
SBA will hold additional public forums after issuing proposed rules
evaluating size standards under the third five-year review of size
standards. SBA encourages commenters with industry-specific comments to
share their feedback at this later stage after reviewing SBA's proposed
changes to size standards. SBA considers public forums on size
standards as a valuable component of its deliberations and public
engagement and believes that these forums allow for constructive
dialogue with small businesses and their representatives, industry
trade associations, participants in SBA's contracting and financial
assistance programs, and other stakeholders.
The format of the public forums on the SBA's 2023 Revised
Methodology will consist of a panel of SBA representatives who will
preside over the session. The oral and written testimony as well as any
comments SBA receives during the public forums will become part of the
administrative record for SBA's consideration in finalizing its size
standards methodology. Written testimony may be submitted in lieu of
oral testimony on or before February 9, 2024, at <a href="http://www.regulations.gov">www.regulations.gov</a>,
using the following Docket number: SBA-2023-0015; by email to
<a href="/cdn-cgi/l/email-protection#37445e4d524443565953564553447744555619505841"><span class="__cf_email__" data-cfemail="a1d2c8dbc4d2d5c0cfc5c0d3c5d2e1d2c3c08fc6ced7">[email protected]</span></a> with subject line ``Comments to SBA-2023-0015'';
or by mail to Khem R. Sharma, Chief, Office of Size Standards, 409 3rd
Street SW, Mail Code 6530, Washington, DC, 20416. SBA will analyze the
testimony, both oral and written, along with any written comments
received and respond to all comments in a notice finalizing the 2023
Revised Methodology. However,
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during the public forums, SBA officials will not provide comment on the
testimony of speakers. SBA requests that commenters focus on the
contents of SBA's 2023 Revised Methodology. SBA requests that
commenters do not raise issues pertaining to specific industries, or
issues outside the scope of SBA's 2023 Revised Methodology.
In the December 11, 2023, Federal Register notice, SBA requested
feedback on a number of questions within the scope of the 2023 Revised
Methodology, including: (a) Should SBA adopt a new disparity ratio
approach to evaluating small business participation in the Federal
market, which will replace the Federal contracting factor the Agency
used in the past?; (b) Should SBA lower size standards regardless of
prevailing economic conditions when the analytical results support
lowering them or should it consider the prevailing economic environment
when deciding on whether to revise size standards?; (c) Should SBA
consider adjusting employee-based size standards for labor productivity
growth or increased automation similar to it adjusts monetary-based
size standards for inflation?; (d) Should SBA consider lowering its
size standards generally?; (e) Are there alternative or additional
factors or data sources that SBA should consider when establishing,
reviewing, or revising size standards?; and (f) Does SBA's current
approach to establishing or modifying small business size standards
make sense in the current economic environment? SBA hopes to receive
public input on these questions, as well as on others, as posed in the
December 2023 notice.
Presenters are encouraged to provide a written copy of their
testimony. SBA will accept written material that the presenter wishes
to provide that further supplements his or her testimony during the
public forums. Electronic or digitized submissions are encouraged. The
two virtual public forums on size standards will be held on Tuesday,
January 16, 2024 and Thursday, January 18, 2024, from 1:00 p.m. to 3:00
p.m. EST; SBA will adjourn early if all testimony has been delivered
before the end time.
III. Registration
Participants must pre-register to attend either of the two virtual
public forums on size standards by visiting SBA's size standards web
page at <a href="http://www.sba.gov/size">http://www.sba.gov/size</a> and registering at the link provided.
On the registration form, participants may indicate whether they would
like to testify at the forum. After registering, participants will
receive an email with an access link and call-in information which can
be used to access the forum on the scheduled date and time. Additional
information about the forum is provided on SBA's announcements about
updating size standards web page, available at <a href="https://www.sba.gov/articles?keyword=&article_type=253&field_article_authoring_office_target_id=5086&langcode=All">https://www.sba.gov/articles?keyword=&article_type=253&field_article_authoring_office_target_id=5086&langcode=All</a>, and in the invitation that participants receive
upon registration. SBA will attempt to accommodate all interested
parties that wish to present testimony. Based on the number of
registrants it may be necessary to impose time limits to ensure that
everyone who wishes to testify can do so.
IV. Information on Service for Individuals With Disabilities
For information on services for individuals with disabilities or to
request special assistance contact Samuel Castilla at the telephone
number or email address indicated above under the FOR FURTHER
INFORMATION CONTACT section of this notice.
Sam Le,
Director, Office of Policy, Planning and Liaison.
[FR Doc. 2024-00781 Filed 1-16-24; 8:45 am]
BILLING CODE 8026-09-P
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