The Native American Sole Source Approach

This contracting method is a specific provision within the Small Business Administration's (SBA) 8(a) Business Development Program, which is governed by FAR Subpart 19.8 Contracting with the Small Business Administration (The 8(a) Program) and 13 CFR Part 124 - 8(a) Business Development/ Small Disadvantaged Business Status Determinations.

It allows for direct, non-competitive contract awards to eligible 8(a) participants owned by American Indian Tribes (AITs). This approach is a powerful tool designed to foster economic development within these communities while helping agencies meet their mission needs.

Significant Advantages for Government Agencies

Accelerated Procurement Timeline

By reducing the lengthy competitive solicitation process, agencies can significantly shorten the procurement lifecycle. The entire process is streamlined under the procedures outlined in FAR 19.8.

Increased Dollar Thresholds

We offer a wide range of government services, from consulting and project management to technology solutions and training. Our solutions are tailored to meet the unique needs of each client, and we work closely with them to ensure their success.

Non-Protestable Awards

Sole source awards made under the 8(a) authority are not subject to protest. The SBA's determination of a firm's eligibility is conclusive, a rule established in 13 CFR 124.517(a), which effectively insulates these awards from disruptive bid protests.

Direct Engagement & Tailored Solutions

The sole source environment fosters a collaborative relationship between the government and the contractor, allowing for open dialogue to refine requirements and develop the best solutions.

Process & Best Practices

The process for awarding a sole source contract to an eligible Native American-owned 8(a) firm is straightforward and prescribed by the FAR 19.804 Evaluation, offering, and acceptance)

Develop Contract Requirements

(1) A description of the work to be performed or items to be delivered, and a copy of the statement of work, if available; (2) the estimated period of performance; (3) the NAICS code that applies to the principal nature of the acquisition; (4) the anticipated dollar value of the requirement, including options, if any; (5) any special restrictions or geographical limitations on the requirement (for construction, include the location of the work to be performed); (6) any special capabilities or disciplines needed for contract performance; (7) the type of contract.

Identify a Qualified Firm

The acquisition specialist identifies a suitable 8(a) certified firm (AIT, ANC, or NHO) that has the requisite capabilities.

Submit an Offering Letter to the SBA

The contracting officer submits an "offering letter" to the firm's designated SBA servicing district office, as detailed in FAR 19.804-2 (a). This letter outlines the scope of work, estimated value, and identifies the chosen firm.

SBA Acceptance

The SBA reviews and formally accepts the offer on behalf of the 8(a) firm, a step covered in FAR 19.804-3 SBA acceptance.

Negotiate & Award

Once the SBA accepts, the contracting officer can negotiate directly with the firm to finalize terms, ensure fair and reasonable pricing (FAR 19.807 Estimating fair market price), and execute the contract award (FAR 19.808 Contract negotiation).

Important Considerations & Best Practices

Eligibility Verification

Always verify the firm's 8(a) certification and eligibility for these specific sole source awards through the SBA's Dynamic Small Business Search (DSBS) and by confirming with your SBA representative.

Fair & Reasonable Pricing

While the acquisition is not competitive, the contracting officer's responsibility to determine that the final negotiated price is fair and reasonable is not waived. This is a core requirement covered in FAR 19.806 Pricing the 8(a) contract and FAR 19.807 Estimating fair market price.

Justification & Approval (J&A)

This is a critical compliance step. For any sole-source 8(a) award to an AIT, ANC, or NHO-owned firm exceeding $30 million Non-DoW (or $150 million for DoD), the contracting officer must prepare a formal J&A as required by FAR 19.808-1(a) and Subpart 13.5.

Leveraging Contract Vehicles for Sole Source

Certain contract vehicles allow for 8(a) set-asides and sole source options. Find the best contract vehicle for your needs based on the spend under management, sole source, and other features. Ethic Tech currently holds the following 8(a) eligible contract vehicles:

GSA 8(a) STARS III

Gives flexible access to IT services, including customized solutions.

GSA OASIS Plus 8(a)

For program management, management consulting, logistics, facilities, engineering, scientific, and financial.

GSA Multiple Award Schedule (MAS)

For 12 large categories.

USAF EWAAC:

Designed to accelerate the acquisition process to speed up the delivery of innovative weapons systems to warfighters.

A tribally owned subsidiary of Salt River Business Development

Our Companies

Kwolyewm Services, LLC.

Ethic Tech, LLC.

Contact

401 Wynn Drive Northwest

Huntsville, Alabama 35805

info@kwolyewm.com

Phone: 256-261-3799

The Native American Sole Source Approach

Key takeaway

Significant Advantages for Government Agencies

Accelerated Procurement Timeline

Increased Dollar Thresholds

Non-Protestable Awards

Direct Engagement & Tailored Solutions

Process & Best Practices

Develop Contract Requirements

Identify a Qualified Firm

Submit an Offering Letter to the SBA

SBA Acceptance

Negotiate & Award

Important Considerations & Best Practices

Eligibility Verification

Fair & Reasonable Pricing

Justification & Approval (J&A)

Leveraging Contract Vehicles for Sole Source

GSA 8(a) STARS III

GSA OASIS Plus 8(a)

GSA Multiple Award Schedule (MAS)

USAF EWAAC:

Our Contacts

The Native American Sole Source Approach

Key takeaway

Significant Advantages for Government Agencies​

Accelerated Procurement Timeline

Increased Dollar Thresholds

Non-Protestable Awards

Direct Engagement & Tailored Solutions

Process & Best Practices

Develop Contract Requirements

Identify a Qualified Firm

Submit an Offering Letter to the SBA

SBA Acceptance

Negotiate & Award

Important Considerations & Best Practices

Eligibility Verification

Fair & Reasonable Pricing

Justification & Approval (J&A)

Leveraging Contract Vehicles for Sole Source

GSA 8(a) STARS III

GSA OASIS Plus 8(a)

GSA Multiple Award Schedule (MAS)

USAF EWAAC:

Our Contacts

This website uses cookies.

Significant Advantages for Government Agencies