SBIR Eligibility

[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of December 3, 2004]
[CITE: 13CFR121.702]


Sec. §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 Option 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.