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Action Alert to Oppose Amendment on Native 8(a) Program

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July 24, 2009

WASHINGTON—The National Congress of American Indians issued the following "action alert," asking people to oppose a senator's proposed amendment:

ACTION:

This amendment will seriously alter the Native 8(a) program for all tribes, ANC's and Native Hawaiians. Please call your Senator NOW to oppose the amendment number 1762 — an amendment "To modify certain contracting exceptions and bonuses" sponsored by Senator Claire McCaskill (D-MO).

ISSUE:

Senator McCaskill has introduced an amendment to the Defense Authorization Bill (S. 1390) aimed at eliminating key provisions of the Native 8(a) program related to Department of Defense (DOD) contracts, namely the Native 8(a) sole source provisions. The amendment proposed would:

1. Eliminate entirely the Native sole source preferences for DOD contracts and replace it with a set-aside program only for "economically disadvantaged Indian Tribes" for 8(a) awards above the competitive thresholds ($3.5 million or $5.5 million) at DOD. This is a Defense Authorization bill so it can only address DOD-related issues; however, we can expect similar amendments to be offered on other contracting programs.

2. Grant DOD contracting officers the discretion to choose between a regular 8(a) set-aside and a Native 8(a) set-aside. This gives little incentive for a contracting officer to use the Native-8(a) authority since contracting officers can still get their participation in an all-8(a)-set-aside. This ignores the difference between Native 8(a)'s and individually owned 8(a)'s. Put another way, it could mean establishing a separate program for Native 8(a)'s with no real benefits.

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights.

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