FEDERAL CONTRACTING INCENTIVES
The Alaska Native Claims Settlement Act (ANCSA) of 1971 gives Native American Tribes and Alaska Native Corporations (ANCs) unique rights in the Federal procurement process, providing streamlined mechanisms through which government clients gain prompt award of a contract without dollar limitation and without protest. Congress has provided these opportunities to tribes and ANCs to foster financial independence and profitability for companies owned by Native shareholders.
- Direct Negotiated Contract: ANC 8(a)'s may receive direct negotiated contracts regardless of dollar amount. FAR
13CFR124.506(b)
- No Award Dollar Limit: ANC 8(a)'s are not subject to the $3 Million limitation on direct negotiated contracts applicable to other 8(a) firms. FAR
13CFR124.506(b)
- No Award Protest: The eligibility of a Participant for a direct negotiated or competitive 8(a) requirement may not be challenged by another Participant or any other party, either to SBA or any administrative forum as part of a bid or other contract protest. FAR
13FCFR124.517(a)
- SDB & Native American Credits: Federal Agencies contracting to an ANC are able to claim Small Disadvantaged Business and Native American credits. FAR
13CFR124.109(a)(4)
- DoD commands can bypass the A-76 program by outsourcing activities to Tribal and ANC firms.
- 5% DoD Incentive: A contractor of a Federal agency under any Act of Congress may be allowed an additional amount of compensation equal to 5 percent of the amount paid to a subcontractor or supplier, in carrying out the contract if such subcontractor or supplier is an Indian organization or Indian owned economic enterprise.
DFAR 252.226-7001