North American Industry Classification System

News & Analysis as of

Don’t Sit on Your Hands: Intervene at OHA If the NAICS Code Matters to You

A recent decision from the Federal Circuit clarified whether the Court of Federal Claims (“COFC”) has jurisdiction to review the selection of North American Industry Classification System (“NAICS”) codes and reminded small...more

Comments on Proposed Rule Small Business Government Contracting and NDAA of 2013 Amendments, RIN: 3245-AG58

Re: RIN: 3245-AG58, Comments on Proposed Rule Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments - Dear Ms. Fernandez: We are writing to submit comments...more

Disruptive Changes on the Horizon for Federal COTS Software Supply

Action Item: Firms making commercial off-the-shelf ("COTS") software sold to the federal government, or reselling COTS software to the federal government, should respond to the SBA’s recent proposed rule or risk a loss of...more

Highlights of the SBA's Proposed Regulation Changes

This brief article hits the highpoints of the proposed regulations changes issued by the SBA on Feb. 5, 2015, and addresses what many companies would consider the most substantive changes to date. Notably, other articles have...more

SBA Proposes Subcontracting Reforms and Other Changes

In this presentation: - Hot off the presses: SBA’s proposed rule for the new mentor-protégé program for all small businesses - How the limitations on subcontracting currently work - Changes to the...more

The Ins and Outs of NAICS Code Appeals

In this time of heightened competition on all federal procurements, it is critically important that small business contractors use the tools at their disposal to help them stay competitive and secure work. ...more

Court Upholds Rights of Small Business Dredging Contractors

In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the...more

Small Business Government Contractors: Legislative and Regulatory Update

In this presentation: - New Final Rules - Presumed Loss - Subcontracting - Multiple Award Contracts - Coming Attractions - Performance of Work Requirements -...more

Factoryless Goods Producers May Be as Hypothetical as Their Domestic Factories

Recently, the Office of Management and Budget (“OMB”) has considered a controversial new federal classification: “Factoryless Goods Producers” (“FGP”). FGP recognizes that a significant portion of the American workforce is...more

OSHA Announces Final Rule Changing List of Establishments Required to Keep Records and Reporting of Work-Related Injuries

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule changing the list of establishments required to keep records and reporting of work-related injuries. The new rule goes...more

Big Jumps Proposed to Size Standards for Environmental Remediation and Other Employee-Based Size Standards

On September 10th, SBA released proposed increases to the small business size standards for many of the industries that use employee-based size standards. The affected industries include some very popular ones for the...more

WOSB and EDWOSB Programs: Getting Certified and Staying Compliant

In this presentation: - WOSB/EDWOSB programs trending up - Eligibility criteria - Understanding the application process - Taking full advantage of the WOSB/EDWOSB programs - Maintaining...more

Inflation Adjustments Coming to Small Business Size Standards

On June 12, 2014, the Small Business Administration (SBA) issued an interim rule, which goes into effect on July 14. This new rule increases the size standards applicable to nearly every NAICS code used in Federal Contracting...more

Considering the GSA Schedule? What You Need to Know

In this presentation: - A Brief Overview of GSA Schedule - Terms and Conditions - Advantages for Government and Industry - The Most Favored Customer Pricing, Economic Price Adjustments, and the...more

PA Senators Pushing to Replace School Property Taxes with Expanded Personal Income and Sales Taxes

A number of Pennsylvania State Senators continue to push for legislation to eliminate school district property taxes in Pennsylvania. They would replace the lost revenues by increasing the statewide Personal Income Tax rate...more

Weekly Update Newsletter - April 2014 #3

In this issue: - GSA Issues Proposed Rule to Amend General Services Administration Acquisition Regulation (GSAR) - SBA Issues Notice of Public Availability of FY 2013 Service Contract Inventory - SBA...more

SBA Issues Final Rules on the Use of Set-Asides for Multiple Award Contracts

On October 2, 2013, SBA issued its long-anticipated final rule addressing the use of set-asides on multiple award contracts and clarifying the regulations on bundling and contract consolidation. The final rule implements...more

Summaries of Administrative Appeals Office EB-5 Decisions Posted for 2012

Below are my summaries of the 2012 EB-5 AAO decisions recently posted by USCIS, which can be a accessed from www.uscis.gov > Administrative Decisions and choosing the "Folders" for B7 and K1....more

USCIS Releases New Policy Memorandum For EB-5 Program

Following numerous revisions and opportunities for public comment, on May 30, 2013, U.S. Citizenship and Immigration Services (USCIS) released a Policy Memorandum for all USCIS employees regarding EB-5 adjudications....more

No More Dollar Limits on Federal Contract Set-Asides for Women-Owned Small Businesses

On June 21, 2013, the government issued an interim rule amending the Federal Acquisition Regulation (“FAR”) to remove the dollar limits on contracts that may be set aside for Women-Owned Small Businesses (“WOSB”) and...more

Tier II Reports Due by March 1

It is that time of year again. If your company has certain chemicals in quantities that trigger reporting requirements under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA), your annual Tier II...more

A Pinch of SALT: State Tax Treatment of a 'Manufacturer'

Originally published in State Tax Notes. Many states have created special treatment for manufacturers, including tax exemptions, credits, and special income tax apportionment rules. In this edition of A Pinch of SALT, we...more

OSHA Releases Regulatory Agenda And Projects That Final Action Will Be Taken On 10 Regulations In 2013

The federal government, including agencies such as OSHA, are required to give notice of significant regulatory activity by publishing a "semi-annual" regulatory agenda that outlines the status of on-going and planned...more

CFPB Small Business Panels: What a Change in ‘Size Standards’ Could Mean

The Dodd-Frank Consumer Financial Protection Act gave the new Consumer Financial Protection Bureau (CFPB) the honor of being one of only three agencies subject to a statute that is aimed at providing extra protection for...more

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