Todd Garvey
Legislative Attorney
John R. Luckey
Legislative Attorney
Kate M. Manuel
Legislative Attorney
According to some reports, federal contract dollars awarded to Alaska Native Corporations and their subsidiaries increased by 916% between FY2000 and FY2008, going from $508.4 million to $5.2 billion. The dollars awarded to ANC-owned firms through the Small Business Administration’s (SBA’s) 8(a) Program, in particular, reportedly tripled between FY2004 ($1.1 billion) and FY2008 ($3.9 billion). This widely reported increase has generated congressional and public interest in the legal authorities governing contracting with these entities. Of particular interest are the authorities creating the alleged “special procurement advantages” that ANC subsidiaries enjoy in contracting under the 8(a) Program.
The 111th Congress enacted legislation (P.L. 111-84) requiring justifications, approvals, and notices for sole-source contracts in excess of $20 million awarded through the 8(a) Program, including contracts with ANC-owned firms. An amendment to the Senate version of the National Defense Authorization Act for FY2010 (S.Amdt. 1762 to S. 1390) was also proposed, but subsequently withdrawn, that would have limited the Department of Defense’s authority to make sole-source awards in excess of $3.5 million ($5.5 million for manufacturing contracts) to ANCowned firms, as well as restricted agencies’ authority to pay subcontracting “bonuses” under the Indian Financing Act.
This report discusses the historical development of contracting programs for ANCs. It summarizes the general authorities governing contracting with ANCs and ANC-owned firms, as well as the specific authorities pertaining to issues that commonly recur in discussions of contracting with such firms (e.g., protests of sole source awards, size standards and affiliations, subcontracting bonuses). The report also describes legislation enacted or proposed during the 111th Congress (P.L. 111-84, S.Amdt. 1762 to S. 1390, H.R. 6447, S. 3959), as well as changes that the SBA proposed on October 28, 2009, to the regulations governing contracting with ANCs under the 8(a) Program.
Date of Report: November 29, 2010
Number of Pages: 43
Order Number: R40855
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Legislative Attorney
John R. Luckey
Legislative Attorney
Kate M. Manuel
Legislative Attorney
According to some reports, federal contract dollars awarded to Alaska Native Corporations and their subsidiaries increased by 916% between FY2000 and FY2008, going from $508.4 million to $5.2 billion. The dollars awarded to ANC-owned firms through the Small Business Administration’s (SBA’s) 8(a) Program, in particular, reportedly tripled between FY2004 ($1.1 billion) and FY2008 ($3.9 billion). This widely reported increase has generated congressional and public interest in the legal authorities governing contracting with these entities. Of particular interest are the authorities creating the alleged “special procurement advantages” that ANC subsidiaries enjoy in contracting under the 8(a) Program.
The 111th Congress enacted legislation (P.L. 111-84) requiring justifications, approvals, and notices for sole-source contracts in excess of $20 million awarded through the 8(a) Program, including contracts with ANC-owned firms. An amendment to the Senate version of the National Defense Authorization Act for FY2010 (S.Amdt. 1762 to S. 1390) was also proposed, but subsequently withdrawn, that would have limited the Department of Defense’s authority to make sole-source awards in excess of $3.5 million ($5.5 million for manufacturing contracts) to ANCowned firms, as well as restricted agencies’ authority to pay subcontracting “bonuses” under the Indian Financing Act.
This report discusses the historical development of contracting programs for ANCs. It summarizes the general authorities governing contracting with ANCs and ANC-owned firms, as well as the specific authorities pertaining to issues that commonly recur in discussions of contracting with such firms (e.g., protests of sole source awards, size standards and affiliations, subcontracting bonuses). The report also describes legislation enacted or proposed during the 111th Congress (P.L. 111-84, S.Amdt. 1762 to S. 1390, H.R. 6447, S. 3959), as well as changes that the SBA proposed on October 28, 2009, to the regulations governing contracting with ANCs under the 8(a) Program.
Date of Report: November 29, 2010
Number of Pages: 43
Order Number: R40855
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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