---
kind: "section"
citation: "49 C.F.R. § 26.65"
title: "49"
number: "26.65"
heading: "Business size determinations."
url: "https://uscodex.org/cfr/49/26.65"
---

# §26.65. Business size determinations.

- (a) **By NAICS Code.** A firm (including its affiliates) must be a small business, as defined by the Small Business Administration (SBA). The certifier must apply the SBA business size limit in [13 CFR part 121](/cfr/13/part121.md) which corresponds to the applicable primary industry classifications (NAICS codes). The firm is ineligible when its affiliated “receipts” (computed on a cash basis), as defined in [13 CFR 121.104(a)](/cfr/13/121.104.md?p=a) and averaged over the firm's preceding five fiscal years, exceed the applicable SBA size cap(s).
- (b) **Statutory cap.** Even if a firm is a small business under [paragraph (a)](#a) of this section, it is ineligible to perform DBE work on FHWA or FTA assisted contracts if its affiliated annual gross receipts, as defined in [13 CFR 121.104](/cfr/13/121.104.md), averaged over the firm's previous three fiscal years exceed $30.72 million (as of March 1, 2024). The Department will adjust this amount annually and post the adjusted amount on its website available at https://www.transportation.gov/DBEsizestandards.

## Notes

### Amendments

[89 FR 24970, Apr. 9, 2024; 89 FR 55089, July 3, 2024]

### Authority

Authority: 23 U.S.C. 304 and 324; 42 U.S.C. 2000d, et seq.; 49 U.S.C. 47113, 47123; Sec. 1101(b), Pub. L. 114-94, 129 Stat. 1312, 1324 (23 U.S.C. 101 note); Sec. 150, Pub. L. 115-254, 132 Stat. 3215 (23 U.S.C. 101 note); Pub. L. 117-58, 135 Stat. 429 (23 U.S.C. 101 note).

### Source

Source: 64 FR 5126, Feb. 2, 1999, unless otherwise noted.

### Amendments

[89 FR 24970, Apr. 9, 2024; 89 FR 55089, July 3, 2024]