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APPLICABLE AQUISITION REGULATIONS
13CFR 124.3 – All Alaska Native Corporations are defined as Indian Tribes for the Purpose of eligibility for special programs FAR19.805-1(a)(2) and 13CFR124.506(b) – Indian Tribes are exempt from the competitive threshold at $3 Million for services and $5 Million for manufacturing The SBA 8(a) Program 1. 8(a) firms owned by tribes and ANCs may receive sole source contracts regardless of dollar amount. They are not subject to the $3 million limitation on sole source contracts. The applicable regulation is 13 C.F.R. 124.506(b), which reads as follows: “SBA may award a sole source 8(a) contract to a Participant concern owned and controlled by an Indian tribe or ANC where the anticipated value of the procurement exceeds the applicable competitive threshold if SBA has not accepted the requirement into the 8(a) BD program as a competitive procurement.” 2. Sole-source procurements to tribes and ANC 8(a)s may not be protested, because there is no injured party. The applicable regulation is 13 C.F.R. 124.517(a). “The eligibility of a Participant for a sole source or competitive 8(a) contract may not be challenged by another Participant or any other party, either before SBA or any administrative forum as part of a bid or other contract protest.” 3. Tribes and ANCs may have as many 8(a) companies as they wish, so long as each firm is in a different primary NAICS Code. The applicable regulations are 13 C.F.R. 124.109(c)(3)(ii). 4. When determining the size of a firm owned by a tribe or ANC, SBA will not affiliate the parent entity or any other subsidiaries owned by that tribe or ANC. SBA will consider only the size of the particular tribal/ANC subsidiary at issue, unless SBA determines that such firm, as a result of assistance from the parent or other subsidiaries, has or is likely to obtain a substantial unfair competitive advantage within an industry category. The applicable regulation is 13 C.F.R. 124.109(c)(2)(iii). 5. Proposal evaluations should take into account relevant past performance of predecessor companies, sister companies, key employees, who have relevant experience, or subcontractors that will perform major or critical aspects of the requirements. FAR 15.305(a)(iii).
A wholly owned 8(a)-certified subsidiary of Chenega Corporation |
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