Special Rights

Absence of a Sole Source Dollar Threshold
13 C.F.R. 124.506(b):

8(a) concerns owned by an Alaska Native
Corporations (ANC) are exempt from the
competitive threshold limitations of $3,000,000
for service contracts (13 CFR 124.506 (b) and
$5,000 for manufacturing contracts. (FAR
19.805-1). ANC's are exempt from the $100
million limitation on the award of sole source
8(a) contracts. (13 CFR 124.514(a).
(b) SBA may award a sole source 8(a) contract
to a Participant concern owned and controlled
by an Indian tribe or an ANC where the
anticipated value of the procurement exceeds
the applicable competitive threshold if SBA has
not accepted the requirement into the 8(a) BD
program as a competitive procurement. There
is no requirement that a procurement must be
competed whenever possible before it can be
accepted on a sole source basis for a
tribally-owned or ANC- owned concern, but a
procurement may not be removed from
competition to award it to a tribally-owned or
ANC-owned concern on a sole source basis.

Non Challenged 8(a) Sole Source Award -13
C.F.R. 124.517(a):

(a) The eligibility of a Participant for a sole
source or competitive 8(a) requirement may
not be challenged by another Participant or any
other party, either to SBA or any
administrative forum as part of a bid or other
contract protest.

Economically Disadvantaged
13 C.F.R. 124.109(a)(2):

(2) An ANC that meets the requirements set
forth in paragraph (a)(1) of this section is
deemed economically disadvantaged under 43
U.S.C. 1626(e), and need not establish
economic disadvantage as required by
paragraph (b)(2) of this section.

Right to Have More Than One 8(a) Participant
13 C.F.R. 124.109(c)(3)(ii):

(ii) A tribe cannot own 51% or more of another
firm which, either at the time of application or
within the previous two years, has been
operating in the 8(a) program under the same
primary SIC code as the applicant. A tribe
may, however, own a Participant or an
applicant that conducts or will conduct
secondary business in the 8(a) BD program
under the same SIC code that a current
Participant owned by the tribe operates in the
8(a) BD program as its primary SIC code.

Affiliation Rules Apply only to the Subsidiary
13 C.F.R. 124.109(c)(2)(iii):

(iii) In determining the size of a small business
concern owned by a socially and economically
disadvantaged Indian tribe (or a wholly owned
business entity of such tribe) for either 8(a) BD
program entry or contract award, the firm's
size shall be determined independently without
regard to its affiliation with the tribe, any entity
of the tribal government, or any other business
enterprise owned by the tribe, unless the
Administrator determines that one or more
such tribally-owned business concerns have
obtained, or are likely to obtain, a substantial
unfair competitive advantage within an industry
category.

Waiver of Two Year in Business Rule
13 C.F.R. 124.109(c)(6):

(i) A tribally-owned applicant concern must be
in business for at least two years, as evidenced
by income tax returns for each of the two
previous tax years showing operating revenues
in the primary industry in which the applicant is
seeking 8(a) BD certification, or demonstrate
potential for success as set forth in paragraph
(c)(6)(ii) of this section.