Sole-Source Contracting

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Alpha Contracting 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

  • ANC sole-source awards cannot be protested
  • ANC 8(a)s can sole-source federal contracts of any size
  • ANCs may own multiple 8(a) companies
  • SBA defines all ANCs as Indian Tribes for purposes of eligibility for special programs
  • The size of a tribal 8(a) is independent of the size of its tribe and any other business enterprise owned by the tribe
  • ANCs may be awarded sole-source contracts of any size. They are exempt from the 8(a)sole-source thresholds.
  • Where the prime contractor has been directed by the Government to use a specific source for parts, supplies, components subassemblies or services, the costs associated with those purchases will be considered as part of the cost of materials, not subcontracting costs

Want to Know More?

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

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