Sole-Source Contracting

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Overview

Alaska Native Corporations (ANC) have been granted special contracting opportunities under the FAR for government contracts in general and for DOD contracts in particular. These include unique 8(a) rights, expedited A-76 authority, and bonuses for DOD contractors that subcontract with ANCs. However, to fully put these rights to work in order to aggressively attack the extreme poverty that exists in Alaska Native Villages, ANC-owned firms often need mentoring from large established government contracting firms that can help guide them through the intricacies of DOD contracting and provide technical support while the firms are building their in-house capability. Working with tribal and ANC firms to put these unique rights to work provides the DOD contractor with an opportunity to help reduce some of the worst poverty in this country, to meet is SDB goals, to make money, and help further legislative initiatives. Revised Section 811 of the FY2010 NDAA states:

  • The ‘head of agency’ thresholds for native 8(a) contracts from $22-93 million is no longer at the head of agency level; it is now at a lower level of approval (below head of agency)
  • The aforementioned approval threshold should NOT be seen as a barrier to awarding these contracts
  • There should be an effort to streamline each service’s approval processes

Additional Details

  • Alaska Native Corporations (ANCs) may be awarded sole-source contracts of any size. They are exempt from the 8(a)sole-source thresholds of $4 million for service contracts, and $6.5 million for manufacturing contracts (FAR 19.805-1)
  • ANC sole-source awards cannot be protested [CFR 124.517 (a)]
  • The ‘Head of Agency’ thresholds for native 8(a) contracts from $22-93 million is no longer at the head of agency level and can be delegated to a lower level within the agency
  • The approval threshold should NOT be seen as a barrier to awarding these contracts
  • ANCs may own multiple 8(a) companies [13 CFR 124.109 (c)(2)(iii)]
  • Small Business Administration defines all Alaska Native Corporations as Indian Tribes for purposes of eligibility for special programs (13 CFR 124)
  • “Indian organizations and Indian-owned economic enterprises shall have the maximum practicable opportunity to participate in performing contracts awarded by Federal agencies.” (FAR 26.102)

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As an Alaska Native Corporation, we can receive non-protestable sole-source awards in all NAICS codes.

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