SBA s size regulations are found generally at Title 13 Code of Federal Regulations Part 121. SBA may at its discretion request additional information not specifically identified on this form. Upon request of SBA one copy of SBA Form 355 with additional sheets attached as needed must be returned to the SBA Government Contracting Area Office closest to the business principal location. The person signing this form must be authorized to do so. In cases where no individual or affiliated business owns at least 10 percent interest the five largest interest holders and their percentages of interest must be listed. Additionally the principal officers and their interest in the business must be listed. SBA FORM 355 9-09 previous editions are obsolete Where certain financial assistance programs are involved the business must include the county in which it operates and state whether government funds loans or grants to be received will be used in a Labor Surplus Area. Labor Surplus Areas are defined in the Department of Labor publications Area Trends in Employment and Unemployment. OMB Approval No 3245-0101 Expiration Date 11/30/2012 INFORMATION FOR SMALL BUSINESS SIZE DETERMINATION General Instructions CAREFULLY READ ALL OF THESE INSTRUCTIONS AND THE SBA SIZE REGULATIONS BEFORE COMPLETING THIS FORM incomplete information may affect the size determination The information provided in this form will be used by the Small Business Administration SBA for a size determination of a business seeking assistance available to small businesses under any program administered by this Agency except for its Small Business Investment Companies SBIC Program which uses SBA Form 480 or at the request of another Federal agency for purposes of its small business program* A small business is a concern which is independently owned and operated not dominant in its field of operation and does not exceed the size standard applicable to the procurement or program for which the business is applying. SBA is authorized to make size determinations pursuant to the Small Business Act 15 USC 637 a and regulations thereunder for the purpose of deciding small business protests and to determine eligibility for program assistance. Non-employee representatives of the business such as an attorney or accountant must provide a letter authorizing them to represent the firm* The information requested must be complete. Failure to supply complete information may cause delays in making a size determination or lead to adverse inferences that the business is other than small* All affiliates of the business whether acknowledged or not and whether foreign or domestic must be disclosed* SBA s criteria for defining affiliates should be carefully reviewed* In 13 CFR 121. 103 SBA identifies various forms of affiliation* You can find this regulation on the size standards website at http //www. sba*gov/size. The website also provides some examples of affiliation under Guide to Size Standards. Completion of Parts IV and V of this form does not constitute an admission or confirmation of affiliation* Where the applicable size standard involves numbers of employees a business average number of employees on payroll for the 12 completed calendar months preceding the date of application or offer is examined including all employees who are hired on a full-time part-time temporary or other basis including employees of domestic and foreign affiliates.
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