News & Analysis as of

North American Industry Classification System

Substantively Non-Protestable Issues (Post-Award Protest Primer #8)

In our last post, we discussed a few procedural rules that can exclude an otherwise meritorious ground from protest. There are also a number of substantive issues that the GAO’s rules exclude from review. See 4 C.F.R. §...more

NAICS Code Appeals: One Size Does Not Fit All

The federal government sets aside many contracts for small businesses, but not all small business set-asides are created equal. Instead, different size standards define small business status for different procurements. The...more

Recertifications of Size or Status: What Contractors Need to Know

by PilieroMazza PLLC on

Financial growth and success are important goals for every small business contractor. However, one potential pitfall of that success and continuous growth is eventually exceeding of the size standards attached to your...more

No Company is an Island – Part 1: Subcontractor Affiliation

by Williams Mullen on

Government Contractors often determine that going it alone is not the best business decision. Whether a small business trying to break into a new industry or a large business seeking niche expertise to support a particular...more

Be Prepared – Be Proactive About Defending Size Protests

by PilieroMazza PLLC on

Imagine that after months of diligently working on a proposal for a set-aside contract, you learn that your company has been identified as the apparent successful offeror. Then, a few days later, you receive an email from the...more

EPA Seeks Comment on Draft Guidance for Nanoscale Materials Reporting Rule

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on May 16, 2017, announcing the availability of and requesting public comment on a draft guidance document entitled “Guidance on EPA’s Section...more

EPA Will Publish Draft Guidance for Reporting Nanoscale Materials for Comment

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a Federal Register notice on May 16, 2017, announcing the availability of and requesting public comment on a draft guidance document entitled “Guidance on...more

Navigating Your DBE Certification

by PilieroMazza PLLC on

The Department of Transportation’s (“DOT”) Disadvantage Business Enterprise (“DBE”) program is not as well-known as the Small Business Administration’s (“SBA”) 8(a) and other small business programs, but it offers an...more

Weekly Update Newsletter - April 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Small Business Size Standards; Adoption of 2017 North American Industry Classification System for Size Standards - The U.S. Small Business Administration (“SBA”) has issued a proposed...more

Seattle Secure Scheduling Ordinance Checklist - What You Need to Know

by Lane Powell PC on

Final rules for the Seattle Secure Scheduling Ordinance were published on April 13 by the City of Seattle’s Office of Labor Standards (OLS). Although the Scheduling Ordinance and Final Rules will dramatically change how...more

Control is a Key Element in Determining Affiliation for SBA Small Business Size Determination

by Polsinelli on

The most common reason for contractors failing to meet the Small Business size standards set by the Small Business Administration (SBA) is because they are found to be affiliated with other companies, such that one company...more

SBA Size Standards Under the Microscope

by PilieroMazza PLLC on

SBA's size standards are one of the agency's most important metrics. The size standards draw a bright line between small and large businesses for each industry by NAICS code. A firm that is below the size standard for its...more

Court of Federal Claims Applies a 150 Employee Size Standard to ITVAR Non-Manufacturers

by PilieroMazza PLLC on

The Court of Federal Claims (“Court”) has issued a bid protest decision which stated, in apparent dicta, that a concern must satisfy a 150-employee standard under the Information Technology Value Added Resellers (“ITVAR”)...more

REMINDER: Feb. 1st Deadline to Certify and Post OSHA 300As: Four Common Mistakes Employers Make

by Conn Maciel Carey LLP on

This is your annual reminder about the important annual February 1st deadline to prepare, certify and post your OSHA 300A Annual Summary of workplace injuries and illnesses, for all U.S. employers, except those with ten or...more

Lower Tier Small Business Subcontracting Plan Credit Finally In Sight

by PilieroMazza PLLC on

Right before the tail end of 2016, SBA delivered its long-awaited Final Rule regarding lower-tier small business subcontracting plan credit. Implementing directives initiated by Congress in the 2014 National Defense...more

EPA Releases Final RMP Amendments, Awaits Response of New Administration

by Beveridge & Diamond PC on

The U.S. Environmental Protection Agency has released a final rule updating the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section112(r)(7) risk management planning...more

EPA Publishes Revised Pesticide Application General Permit

by Williams Mullen on

EPA has promulgated a final rule revising the Pesticide General Permit (the “2016 PGP”). The 2016 PGP is applicable only in four states (Idaho, Massachusetts, New Hampshire, and New Mexico) and at federal facilities, but the...more

Weekly Update Newsletter - November 2016 #3

by PilieroMazza PLLC on

DEPARTMENT OF DEFENSE, GENERAL SERVICES ADMINISTRATION, AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION - Clarification of Requirement for Justifications for 8(a) Sole Source Contracts - The Department of Defense...more

Weekly Update Newsletter - October 2016 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Implementing Category Management for Common Goods and Services - The Office of Federal Procurement Policy (“OFPP”) in the Office of Management and Budget (“OMB”) has proposed the issuance of a...more

SBA to Start Accepting Mentor-Protégé Applications

by Davis Wright Tremaine LLP on

On Oct.1, 2016, the Small Business Administration (SBA) will begin accepting applications for the new All Small Mentor-Protégé Program. This program has been several years in the making and follows authorizations in the...more

New Opportunities For All: SBA Expands The Small Business Mentor-Protégé Programs

by Morrison & Foerster LLP on

On July 25, 2016, the Small Business Administration (“SBA”) released a much-anticipated Small Business Mentor Protégé Programs Final Rule that created a new expanded mentor-protégé program, modeled on the existing 8(a)...more

New Rule Finalizes Small-Business Subcontracting Changes

by Morgan Lewis on

Regulatory amendments related to small-business subcontracting will take effect on November 1, 2016. On July 14, the Federal Acquisition Regulatory Council issued a final rule in the Federal Register to implement...more

SBA Final Rule on Mentor-Protégé Programs for All Small Businesses Becomes Effective

by Holland & Knight LLP on

The Small Business Administration (SBA) issued a long-awaited final rule establishing a new, expanded mentor-protégé program that will allow all types of small businesses to qualify as protégés, while retaining, but slightly...more

Coming Soon to a Federal Agency Near You... An Expanded Small Business Mentor-Protégé Program

by McCarter & English, LLP on

New Small Business Administration Rules Will Increase Eligibility for Large and Small Businesses to Bid Jointly on Set-Aside Contracts, but Not Without Greater Competition - The U.S. Small Business Administration’s...more

Canada Begins Consultation on Proposed Prioritization Approach for Nanoscale Forms of DSL Substances

On July 27, 2016, Environment and Climate Change Canada (ECCC) and Health Canada (HC) began a consultation on a proposed prioritization approach for nanoscale forms of substances on the Domestic Substances List (DSL). Canada...more

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