{ "id": "R40855", "type": "CRS Report", "typeId": "REPORTS", "number": "R40855", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 422288, "date": "2012-11-28", "retrieved": "2016-04-06T23:48:34.227039", "title": "Contracting Programs for Alaska Native Corporations: Historical Development and Legal Authorities", "summary": "The widely reported increase in federal contract dollars awarded to Alaska Native Corporations (ANCs) and their subsidiaries in recent years has generated congressional and public interest in the legal authorities that govern contracting with these entities. Currently, federal agencies may contract with ANCs or their subsidiaries under several different statutory authorities. These include (1) the Armed Services Procurement Act (ASPA) and the Federal Property and Administrative Services Act (FPASA); (2) Section 8(a) of the Small Business Act; and (3) Section 15 of the Small Business Act. The identity of the procuring agency and the size of the ANC or ANC-owned firm, in part, determine which authority is used in particular circumstances. \nASPA and FPASA, for example, generally give defense and civilian agencies, respectively, broad authority to contract with any qualified, responsible source, including ANCs and their subsidiaries. Contractors do not need to be \u201csmall\u201d in size, or for-profit entities, as they generally must be to receive contracts under the Small Business Act. ASPA and FPASA also authorize agencies to make sole-source awards in certain circumstances (e.g., unusual and compelling urgency), although such awards must be justified in writing and approved by agency officials. \nTwo sections of the Small Business Act also permit contracts with certain ANCs or their subsidiaries. Section 8(a) of the act authorizes agencies to contract with small businesses owned and controlled by socially and economically disadvantaged individuals or groups participating in the \u201c8(a) Program.\u201d ANCs are deemed to be socially and economically disadvantaged, and ANC-owned firms may participate in the 8(a) Program. Under Section 8(a), agencies may conduct competitions in which only 8(a) firms may compete (i.e., set-asides), as well as make sole-source awards in circumstances where such awards would not be permitted under ASPA or FPASA. 8(a) contracts valued in excess of $4 million ($6.5 million for manufacturing contracts) must generally be competed among 8(a) firms. However, Section 8(a) authorizes sole-source awards of such contracts to 8(a) firms if (1) the contracting officer does not reasonably expect that at least two 8(a) firms will submit offers at a fair market price; or (2) the Small Business Administration accepts the requirement on behalf of an 8(a) firm owned by an ANC or other disadvantaged group. Sole-source contracts under the authority of Section 8(a) historically did not need to be justified or approved. However, since 2009, agencies have been required to justify and obtain approval for sole-source 8(a) contracts valued in excess of $20 million (base plus options). Section 15 of the Small Business Act also authorizes set-asides (but not sole-source awards) for various types of small businesses. ANC-owned small businesses not participating in the 8(a) Program could receive awards under the authority of Section 15. \nIn addition, several other statutes create incentives for agencies to contract with ANCs or their subsidiaries by, for example, allowing contracts with \u201clarge\u201d ANCs to count toward federal prime contractors\u2019 goals for subcontracting with small businesses. Similarly, various appropriations riders permit the Department of Defense to contract out functions performed by government employees to ANCs without going through the customary competitive sourcing process. \nMembers of the 112th Congress have introduced legislation (H.R. 598, S. 236) that would generally subject ANC-owned firms participating in the 8(a) Program to the same treatment as individually owned firms. Among other things, this legislation would limit the circumstances in which ANC-owned firms could receive sole-source awards valued in excess of $4 million ($6.5 million for manufacturing contracts) under the authority of Section 8(a) of the Small Business Act.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40855", "sha1": "103ec4555e2742d7b9c1a7235a3ceb2e5c85acd0", "filename": "files/20121128_R40855_103ec4555e2742d7b9c1a7235a3ceb2e5c85acd0.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40855", "sha1": "8ddc3cf0c1ba6585b39f56493164b361eee07513", "filename": "files/20121128_R40855_8ddc3cf0c1ba6585b39f56493164b361eee07513.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 2636, "name": "Small Business Policy" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc819422/", "id": "R40855_2011Mar25", "date": "2011-03-25", "retrieved": "2016-03-19T13:57:26", "title": "Contracting Programs for Alaska Native Corporations: Historical Development and Legal Authorities", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110325_R40855_36c4964d33de95fc0626e90a30b464f2047c8bfb.pdf" }, { "format": "HTML", "filename": "files/20110325_R40855_36c4964d33de95fc0626e90a30b464f2047c8bfb.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc813395/", "id": "R40855_2011Jan04", "date": "2011-01-04", "retrieved": "2016-03-19T13:57:26", "title": "Contracting Programs for Alaska Native Corporations: Historical Development and Legal Authorities", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110104_R40855_d637749723d7b071b08c9fa5267890eb8a8828cc.pdf" }, { "format": "HTML", "filename": "files/20110104_R40855_d637749723d7b071b08c9fa5267890eb8a8828cc.html" } ], "topics": [] } ], "topics": [ "American Law", "Appropriations", "National Defense" ] }