NACA Policy Priorities
The following policy priorities have been fully and considered and evaluated by the NACA Policy Committee and approved by the full NACA Board of Directors.
- Advance legislation that would provide the SBA more authority when a contract is removed from the 8(a) program and create rules prohibiting the bundling of contracts to keep those contracts out of the small business program.
- Drive legislation that would create a contracting goal for Native 8(a) contracting, while also monitoring the impact of small business goaling legislation.
- Limit the use of Lowest Price/Technically Acceptable (LPTA) contracts to the procurement of standard commercial products and services.
- Amend the Indian Incentive Act of 1974 to change the present 5% rebate to a 5% preference.
- Amend HubZone regulations to measure the 35% employee residency requirement on principal office employees, not on employees hired as a result of a HubZone contract award.
- Establish economically disadvantaged status for NHOs and remove the economically disadvantage requirement of the Board of Directors, which is currently $250,000 at the time of application and $750,000 after approved.
- Include NHOs in the FAR provision on subcontracting small business credit so that when subcontracts are awarded to NHOs, it will be counted towards the subcontract goals for small business and small disadvantaged business concerns, regardless of size or SBA certification status.
- Work to ensure that NHOs become eligible for HUBZone opportunities.
- Extend the opportunity for NHOs to qualify for direct awards across all federal agencies, not just with the Department of Defense.
- Introduce legislation to mitigate or reverse the negative impact of Section 811.
- Alternatives to Geographical Limitations in Services Contracts. Where appropriate, explore including contract requirements for cultural expertise as well as quick response to changing circumstances. In 8(a) competed services contracts, it is generally not permissible for contracting officers to restrict competitors to those within a specified geographical area unless necessary to meet logistical requirements such as the need for quick response time in the event of changing circumstances. Notably, the FAR permits geographical limitations to be used in construction contracts. Geographical limitations should also be permissible in non-construction contracts. Therefore, where contracts are to be performed in areas with sensitive indigenous cultural sites, add the requirement that the contractor must have applicable cultural expertise.
- Work to ensure that the SBA benefits reporting form is updated and monitor any and all changes to the form. Advocate allowing Native 8(a) entities to continue the reporting of benefits in a manner currently being practiced that is in compliance with all regulatory benefits reporting requirements, and is one that coincides with the unique status and structure of Native small business entities.
- Promote a regulatory change that repeals the SBA’s the prohibition on Native 8(a) firms from allowing a sister company owned by the same tribe from receiving a follow-on contract, and encourage a clear definition of “follow-on” to ensure a consistent interpretation by all SBA offices.
- Monitor the SBA’s process for changing Native 8(a) applications and provide input on more efficient and effective ways to improve that application process.
- Continue actions to address and counter to the negative impacts on Native federal contractors as a result of the United States District Court opinion in Rothe v. United States Department of Defense et al.
- Advocate for the issuance of an Executive Order directing agencies to support Native federal contracting.
- Conduct an educational campaign and implement training for government employees regarding the 8(a) program to dispel insecurities and to mitigate the impact of unfair criticism of Native entity participation in the 8(a) program. Target agencies who do not generally contract with Native 8(a) companies.