99 -- SMALL BUSINESS INNOVATION PROGRAM (SBIR) - SBA HAS PUBLISHED ITS FINAL RULE

The U.S. Small Business Administration (SBA) has revised its small business size regulations regarding ownership and control of Small Business Innovation Research (SBIR) Program awardees. The final rule provides that an SBIR awardee must meet the following requirements: (1) it must be a for-profit business concern that is at least 51% owned and controlled by one or more individuals who are citizens of, or permanent resident aliens in, the United States (as the regulations currently require); or (2) it must be a for-profit business concern that is at least 51% owned and controlled by another for-profit business concern that is at least 51% owned and controlled by one or more individuals who are citizens of, or permanent resident aliens in, the United States. This rule does not change the size standard requiring that an SBIR awardee, together with its affiliates, have no more than 500 employees. Because SBA received a large number of comments to its June 4, 2003, proposed rule that concerned ownership of SBIR Program participants by Venture Capital Companies, SBA will issue an Advanced Notice of Proposed Rulemaking (ANPRM) seeking additional information on this issue. The ANPRM will also seek additional information on whether SBA should restructure its small business size standards (originally proposed on March 19, 2004). For more information, please see http://www.sba.gov/size/indexwhatsnew.html#sbirFR