On Friday, August 22, 2025, the Small Business Administration (“SBA”) released a proposed rule to increase the size standard for what it considers to be a small business across 263 industries. The proposed rule principally covers receipts-based size standards.  These proposed increases stem from SBA’s periodic review of size standards to ensure the standards reflect current industry and market standards.  SBA announced that this is one of two proposed rules related to changes to small business size standards, with this proposed rule addressing monetary-based size standards (i.e., annual receipts) and the next addressing employee-based size standards. 

Proposed Changes to Size Standards

Sectors with the most proposed increased size standards include Retail Trade (32 of 55 industry size standards), Professional, Scientific, and Technical Services (31 of 48), and Health Care and Social Assistance (29 of 39).  Notable industry-specific size standard increases include Telecommunications (NAICS 517810) from $40 to $45.5 million in average annual receipts, Engineering Services (NAICS 541330) from $25.5 to $29 million, and Administrative Management and General Management Consulting Services (NAICS 541611) from $24.5 to $27 million.

Notably, in addition to raising hundreds of size standards, SBA also proposed retaining 237 size standards, including many for commercial construction and military and aerospace equipment, that SBA believes could be reduced based on its methodology for assessing appropriate small business size standards.  In support of retaining these standards, SBA noted the ongoing economic impacts resulting from the COVID-19 pandemic, as well as its general policy of not lowering size standards unless attempting to exclude dominant firms from qualifying as small.

SBA’s proposed increase and retention of size standards would allow more businesses qualifying as small to compete for Federal contracts.  Additionally, the proposed increases would allow growing small businesses close to exceeding the current standards to retain their small business status for longer, allowing them to continue to benefit from the small business programs.

SBA Size Standard Reviews

In accordance with the Small Business Jobs Act of 2010, SBA reviews small business size standards every five years to determine whether the existing standards reflect the current industry structure and Federal market conditions.  SBA revised its methodology for establishing, reviewing or modifying size standards in September 2024, and the size standard changes contemplated in this proposed rule are the first to incorporate the revised methodology. 

As part of its review, SBA considers the following primary factors:  (1) average firm size, (2) startup costs and entry barriers, (3) industry competition, (4) distribution of firms by size, and (5) small business success in receiving Federal contracting assistance.  Under the revised methodology, SBA computes a disparity ratio, i.e., the ratio between the small business share of Federal contract obligations and the small business share of industry receipts.  SBA uses the disparity ratio to determine when to increase the relevant size standard for a given industry.  SBA assumes that small businesses are underrepresented in Federal contracting if an industry’s disparity ratio is less than 0.8, and would increase the size standard in that industry.

SBA is seeking public comment on its proposed changes to size standards, the data sources it evaluated to develop the proposed size standards, and its proposed policy of not lowering any size standards, except for excluding dominant firms from qualifying as small.  Comments should be submitted on or before October 21, 2025, and will be made available for public review on Regulations.gov.

Photo of Scott A. Freling Scott A. Freling

Scott Freling co-chairs the firm’s Government Contracts practice and is recognized by Chambers USA as a leading practitioner. He divides his practice between representing civilian and defense contractors in traditional government contracts matters and guiding buyers and sellers—including a number of leading private…

Scott Freling co-chairs the firm’s Government Contracts practice and is recognized by Chambers USA as a leading practitioner. He divides his practice between representing civilian and defense contractors in traditional government contracts matters and guiding buyers and sellers—including a number of leading private equity firms—through the regulatory aspects of complex M&A deals involving government contractors.

Chambers USA ranks Scott as a Band 1 lawyer for Government Contracts M&A. Scott is sought after for his regulatory expertise and his ability to apply that knowledge to the transactional environment. He has extensive experience leading classified and unclassified due diligence reviews of government contractors, negotiating transaction documents, and assisting with integration and other post-closing activities. He has served as the lead government contracts lawyer in dozens of M&A deals, with a combined value of more than $80 billion. Scott’s notable transactions include Warburg Pincus and Berkshire Partners’ take-private acquisition of TRIUMPH for $3 billion, Advent International’s take-private acquisition of Maxar Technologies for $6.4 billion, Aptiv’s acquisition of Wind River for $3.5 billion, and Veritas Capital’s sale of Alion Science and Technology to Huntington Ingalls Industries for $1.65 billion.

Scott also represents contractors at all stages of the procurement process and in their dealings with federal, state, and local government customers. He handles a wide range of government contracts matters, including compliance counseling, contract terminations, claims, disputes, audits, and investigations. Scott frequently advises contractors on organizational conflicts of interest and government intellectual property rights. He also counsels clients on risk mitigation strategies, including obtaining SAFETY Act liability protection for anti-terrorism technologies.

Law360 has recognized Scott as a MVP in Government Contracts. He was a founding co-chair of the Mergers and Acquisitions Committee of the ABA’s Public Contract Law Section.

Photo of Catherine Wettach Catherine Wettach

Catherine Wettach is an associate in the Government Contracts Practice Group.  She assists clients with a wide range of government contracts matters, including compliance counseling, investigations, disputes, and the application of public records laws to government contracts and related records.