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Public Meetings Set on 8(a) Sole-Source Awards

The Federal Acquisition Regulatory Council plans to hold tribal consultations in October about new controls on large sole-source contract awards to Alaska Native Corporations and tribally owned businesses.

Section 811 of the 2010 Defense Authorization Act requires agencies to file a justification and approval for any 8(a) sole-source award worth more than $20 million. Only Alaska firms and other tribally owned businesses are permitted to receive such large sole-source awards under the 8(a) program.

Because the law affects tribal rights, the council said it believes tribes should be consulted before the provision is implemented.

However, Sen. Claire McCaskill, D-MO, chair of the subcommittee on contracting oversight of the Senate Homeland Security and Governmental Affairs Committee, has questioned the need for consultations. At a June 30 subcommittee hearing, she told officials of the Office of Management and Budget that no amount of consultation can change the law.

She also criticized OMB for delaying implementation of the new controls, which were signed into law last October. McCaskill has been the leading critic of the procurement preferences granted to Alaska Natives and Indian tribes.

Dates for the October hearings have not been announced; they will be scheduled in Washington, DC, Albuquerque, NM, and Fairbanks, AK. Those wishing to attend must register in advance at www.acq.osd.mil/dpap/dars/section811.html


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