North American Industry Classification System

News & Analysis as of

SBA Issues Final Rule on ITVAR “Footnote 18” Exception

On January 26, 2016, the Small Business Administration (SBA) published in the Federal Register a final rule modifying the employee-based size standards for 36 industries and sub-industries that are not part of North American...more

Weekly Update Newsletter - January 2016 #3

SMALL BUSINESS ADMINISTRATION - Employee Based Size Standards in Wholesale Trade and Retail Trade - The U.S. Small Business Administration (SBA or Agency) increased 47 small business size standards based on the...more

SBA Considers Public Comments on Proposed Size Standard Increases to NAICS Codes 562910 and 541519

According to the pre-publication, the SBA will adopt most of the proposed changes with two key exceptions. The SBA is not increasing the Environmental Remediation Services (“ERS”) exception under NAICS 562910 from 500...more

OSHA Extends Process Safety Management Standard Compliance Date for Bulk Chemical Distributors

OSHA has come full circle…almost. In a December, 2015 revised interim enforcement memorandum, the agency indicated it will not enforce the Process Safety Management (PSM) Standard for “highly hazardous chemicals” (HHC)...more

Notable Small Business Provisions in the National Defense Authorization Act for 2016

This is a brief summary of some of the provisions of the National Defense Authorization Act (NDAA) that will affect small businesses. Definitely a nutshell version of the NDAA, which is published online, and a tad more...more

Five Things That Shouldn’t Keep You From Buying or Selling a Company

There may be several reasons holding you back from buying another company or from selling your own business. However, there’s a new normal in the government contracting space. With increased competition for work, a tight...more

SBA Size Protest Reminds Us That There is an Exception to Every Rule

The Small Business Administration (“SBA”) recently issued a favorable decision on behalf of a firm client in a size determination case, and we wanted to share information from that decision with you. While the decision is...more

PilieroMazza Legal Advisor - Fourth Quarter 2015

More Small Business Subcontracting Plan Changes: SBA Proposes to Allow Subcontracting Plan Credit for Small Business Subcontractors at any Tier - Following recent proposed changes to the FAR’s small business...more

Have you filed your BE-180? 2015 is a benchmark year for reporting financial services transactions between US financial services...

The Commerce Department’s Bureau of Economic Analysis (BEA) continues to broaden reporting requirements for its various surveys by mandating that all qualifying business entities submit government surveys during “benchmark”...more

Update: SBA Proposed Rule and Size Protest on a Task Order

This update will briefly cover a size protest on a task order (with a basic review) and a proposed SBA rule regarding other than small prime contractors getting small business credit for awards made to small business...more

Maximizing Your Time As A Small Business

OVERVIEW - - Why size matters - Toolbox for maximizing your time as a small business (“SB”) - Tools that work - Tools you might think work, but generally do not - Tool of the future? -...more

Inside the Mind of a Size Protest Lawyer

It is the end of the federal government’s fiscal year and ‘tis the season for protests. Protest lawyers are sharpening their keyboards. And some unfortunate small businesses are about to lose a hard-won contract due to a...more

New Opportunities for Women-Owned Small Businesses

The Small Business Administration (“SBA”) issued a finale rule, on September 14, 2015, implementing Section 825 of the National Defense Authorization Act for Fiscal Year 2015 to allow the federal government to issue sole...more

FCA Cases and SBA Protests

False Claims Act - As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal...more

A Tale of Two Protests: Itemized SBA JV Agreements and Dependence on a Large Business Determination Not Upheld

Recently, two Small Business cases that came out that are notable. Both protests affect Small Business Administration interpretation and application of affiliation rules. The first protest defeated a joint venture agreement...more

OSHA Updates National Emphasis Program on Amputations

On August 13, 2015, OSHA announced its updated National Emphasis Program (NEP) for Amputations will now include all industries that contain machinery or equipment which may cause amputations. Under the new National Emphasis...more

Comments on Proposed Rule Regarding Small Business Subcontracting Improvements

After the recent small business subcontracting plan changes were implemented by the U.S. Small Business Administration (“SBA”) in its final rule at 78 Fed. Reg. 42391, dated July 16, 2013, many of our clients have asked us...more

Weekly Update Newsletter - August 2015

GOVERNMENT CONTRACTS - President Obama Drafts Executive Order Establishing Paid Sick Leave for Contractors - President Obama has drafted an Executive Order (E.O.) that would force any company that contracts with the...more

OSHA Enforcement Memo and Interim Policy on the Process Safety Management Retail Exemption

The Occupational Safety and Health Administration issued yesterday an enforcement memo (Memo) and an interim policy (Policy) on the PSM retail exemption. Tho Memo revised OSHA’s interpretation of the exemption of retail...more

OSHA Issues New Guidance for Healthcare Entities

According to the Occupational Health and Safety Administration (“OSHA”), 2013 statistics demonstrate that healthcare workers have a rate of work-related illness and injury that is nearly twice as high as the overall rate seen...more

Proposed FAR Changes To Implement SBA Small Business Subcontracting Rules

DOD, GSA, and NASA have proposed a number of changes to the FAR to implement changes made by the Small Business Administration in 2013 regarding small business subcontracting goals and plans. While the proposed FAR changes...more

Change of Plans: New Proposal Would Alter FAR Subcontracting Plan Requirements

The FAR requires most large business contractors to have a plan approved by the government to subcontract a certain amount of their work to the various types of small business contractors (i.e., SDB, WOSB, SDVOSB, etc.). In...more

Price Optimization Update: NAIC Revises White Paper, Florida and Indiana Question Certain Practices

“Price optimization,” a practice that uses predictive modeling and data analytics in pricing insurance products, continues to draw the attention of state regulators, consumer advocates, and class action plaintiffs. ...more

WOSBs: Now It's Your Turn

In the coming days, the SBA is expected to issue proposed rules to implement sole source authority for the WOSB Federal Contracting Program. To be clear, as many are anxiously waiting, sole source authority is not yet...more

PilieroMazza Legal Advisor - Second Quarter 2015

In This Issue: - Subcontracting Plans: How Implementing Best Practices Now Can Save You Headaches Down the Road - Recent ASBCA Decision Opens Door to New Approach for Contractors Negotiating Collective...more

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