On August 20, 2026, the U.S. Small Business Administration (SBA) proposed the largest overhaul in years of the rules for determining whether a business qualifies as a “small business” for the federal government. The change would affect over 114,000 enterprises—including many Polish construction, engineering, and service companies operating in the USA.
For the owner of a Polish construction, renovation, or IT company in the United States, having “small business” status with the federal government is not just a formality—it is a ticket to participate in tenders reserved exclusively for smaller entities, away from the competition of large corporations. The SBA has just published a proposal that hands this ticket to tens of thousands of companies that currently do not meet the thresholds.
What exactly is changing
The proposal published in the Federal Register (document 2026-17042, 91 FR 53741, RIN 3245-AI67, Docket SBA-2026-0199) simplifies the current system, which features 978 different size thresholds assigned to 6-digit NAICS codes. The SBA wants to replace this with 338 groups—276 at the 4-digit level and 62 at the 5-digit level—while eliminating all 18 existing industry exceptions.
The second element is a shift in counting philosophy: where the SBA has discretion, the new methodology defaults to a threshold based on the number of employees rather than revenue. Some industries that currently qualify via a revenue limit will transition to an employment limit.
How many companies will gain and how many will lose
According to the SBA’s own calculations, the change will result in a net increase of approximately 114,541 companies with small business status—114,236 entities will gain this status, while fewer than 200 will lose it. The total number of qualifying small businesses across the United States would grow from 6,344,967 to 6,459,508, an increase of nearly 2 percent. The SBA also estimates that among companies with active federal contracts in fiscal year 2025, approximately 37,002 will be newly eligible, covering a total of over 105,000 contracts worth more than 71 billion dollars.
According to the document, the largest industry groups among companies gaining access to contracts set aside for small businesses are: engineering services (NAICS 541330, 5,314 companies), other computer related services (541519, 2,247), custom computer programming (541511, 2,171), management consulting (541611, 1,818), computer systems design (541512, 1,663), industrial machinery repair (811310, 1,358), traveler accommodation (721110, 1,263), and architectural services (541310, 530).
What this means for Polish companies in the USA
Among the Polish community in the USA, quite a few companies operate precisely in the sectors most heavily impacted by this change: construction, renovations, engineering services, commercial cleaning, transportation, and IT. A company that grew over the years and exceeded the old revenue threshold—thereby losing access to tenders reserved for small businesses—may once again fit within the new thresholds after they take effect. In practice, this means the opportunity to apply for contracts with federal agencies, schools, VA hospitals, or the GSA administration on preferential terms, without competing directly with corporations worth hundreds of millions of dollars.
This is only a proposal—and not everyone is enthusiastic
It must be emphasized: this is still a proposed rule, not current law. The SBA is accepting public comments until September 21, 2026, after which it may modify details before publishing the final rule. Some attorneys specializing in federal contracting point out that such large and rapid threshold increases could also have side effects—mid-sized companies that currently benefit from small business status will suddenly find themselves competing alongside entities much larger than themselves, which could intensify rather than ease competition for set-aside contracts. This is a debate actively taking place during the consultation period, and it may influence the final shape of the thresholds.
This material is for informational purposes and does not constitute legal advice or consulting regarding federal contracts. Companies interested in small business status and participation in government tenders should consult their situation with an advisor familiar with SBA procedures and federal public procurement.
Companies planning growth and the formalization of their operations in the USA—from LLC registration to settling taxes for a Polish company selling to the USA—will find support from Polish accountants and business advisors in the Polish Pages directory.
