CFR > Title 13 - Business Credit and Assistance > CHAPTER I—SMALL BUSINESS ADMINISTRATION > PART 121—SMALL BUSINESS SIZE REGULATIONS > SUBPART A—Size Eligibility Provisions and Standards (§121.101 to §121.1103) > 121.702—What size standards are applicable to the SBIR program?

121.702—What size standards are applicable to the SBIR program?

To be eligible for award of funding agreements in the SBA's Small Business Innovation Research (SBIR) program, a business concern must meet the requirements of paragraphs (a) and (b) below:
(a) Ownership and control. (1) An SBIR awardee must (i) be a concern which is at least 51% owned and controlled by one or more individuals who are citizens of the United States, or permanent resident aliens in the United States; or
(ii) Be a concern which is at least 51% owned and controlled by another business concern that is itself at least 51% owned and controlled by individuals who are citizens of, or permanent resident aliens in the United States; or
(iii) Be a joint venture in which each entity to the venture must meet the requirements set forth in either paragraphs (a)(1)(i) or (a)(1)(ii) of this section.
(2) If an Employee Stock Ownership Plan owns all or part of the concern, SBA considers each stock trustee and plan member to be an owner.
(3) If a trust owns all or part of the concern, SBA considers each trustee and trust beneficiary to be an owner.
(b) Size. An SBIR awardee, together with its affiliates, not have more than 500 employees.

Code of Federal Regulations

[69 FR 70185, Dec. 3, 2004, as amended at 71 FR 69183, Nov. 30, 2006]