Native American and Alaska Native Federal Contracting Preferences: What the Law Provides and What’s Changing

SOURCE:HSTODAY

Federal procurement law gives Native American tribes, Alaska Native Corporations (ANCs), and certain other Native organizations significant contracting preferences. These policies are rooted in the federal government’s treaty and trust obligations to Native communities and are intended to promote economic development, employment, and tribal self-determination. The preferences flow primarily through the Small Business Administration (SBA) 8(a) Business Development Program, federal acquisition regulations, and foundational statutes, including the Alaska Native Claims Settlement Act (ANCSA) of 1971.

Special Access to the SBA 8(a) Business Development Program

The centerpiece of Native federal contracting is the SBA 8(a) Business Development Program, which helps small, socially and economically disadvantaged businesses access federal contracting opportunities. Also eligible to participate since 1986 are small businesses owned by Alaska Native Corporations, Community Development Corporations, Indian tribes, and Native Hawaiian organizations.

The program provides access to federal set-aside contracts, sole-source contracts (contracts awarded without competition), business development training and technical assistance, and entry into SBA mentor-protégé programs and joint ventures. Participation is structured as a nine-year term divided into a developmental stage and a transition stage.

Learn more at HSTODAY