Legal Blog

Small Business Size Standards: Calculation of Annual Average Receipts

Recently, the Small Business Administration issued a proposed rule to change the manner in which it determines the size for those companies whose size is measured by revenues.  The proposed rule, if implemented, will change the measurement from a company’s average annual receipts over three years to its average annual receipts over five years.  The public has been waiting to see what the SBA would do for quite some time.  On December 17, 2018, Congress passed the Small Business Runway Extension Act, where this concept was introduced.  Shortly after passing the law, however, the SBA made it clear that the law, as changed, did not impact the SBA.  Despite this, the SBA has now agreed to implement the change.  This is a big deal to small businesses who perform work for the federal government.



If you have any questions about this topic, please contact Ed DeLisle at or 267.338.1321.



Edward DeLisle concentrates on federal contracting, small business procurement, construction law, and construction litigation. He has drafted and negotiated teaming agreements, joint venture agreements, and construction contracts and subcontracts. He also actively monitors the progress of his clients’ contracts as outside general counsel in order to safeguard those rights and remedies to which they are entitled. In addition to litigating, arbitrating, and mediating complex construction and procurement cases in various jurisdictions and forums throughout the region, Mr. DeLisle assists companies—both foreign and domestic—in international disputes involving the US government. He is currently representing clients on matters involving Department of Defense work in Afghanistan and has done similar work for clients in Israel and Eastern Europe.

Ed counsels clients in all aspects of small business procurement. He has assisted clients in obtaining certification as small and small disadvantaged businesses at the municipal, state and federal level. He has participated in bid protests involving Service-Disabled, Veteran-Owned, HUBZone and 8(a) set-aside contracts and regularly assists with responding to best-value procurements at the state and federal level. Ed also assists companies, both foreign and domestic, in international disputes involving the United States





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