North American Industry Classification System

News & Analysis as of

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

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

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