Say What? SBA Says the Runway Extension Act Doesn’t Apply to SBA

The Small Business Runway Extension Act continues to be a hot topic of conversation among small businesses. For good reason: it revised the receipts calculation period for revenue-based size standards from three years to five.   In late 2018, the SBA opined that the Runway Extension Act wasn’t yet applicable because the SBA had not yet updated its regulations. Following industry pushback, the SBA’s position seems to have evolved. During a panel discussion at this year’s National 8(a) Conference, the SBA said that the Runway Extension Act applies to every agency that might adopt its own size standards . . . just not the SBA itself. This new justification is a bit of a head-scratcher. And I still don’t think the SBA has it right. Let’s work through the SBA’s position together. Whenever the applicability of a statute is disputed, the obvious starting place is the statutory language itself. The Runway Extension Act is very…

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