Assessing the Impact of Requiring Justification and Approval Review for Sole Source 8(a) Native American Contracts in Excess of $20 Million

by Nancy Young Moore, Amy G. Cox, Clifford A. Grammich, Judith D. Mele


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Some participants in the federal 8(a) Business Development Program, including Alaska Native Corporations, Indian tribes, and Native Hawaiian Organizations, face no limit on the value of sole-source contracts they can receive. Concerns over the rising number of these contracts led to requirements for justification and approval of contracts above $20 million. This raised other concerns regarding the effects of the new requirements on Native American-owned firms and contracting personnel. The new federal requirement may delay the award of these contracts but have little impact on the number of such contracts awarded.

Table of Contents

  • Chapter One


  • Chapter Two

    8(a) Policies and Native American Companies

  • Chapter Three

    Quantitative Analysis of Recent Contracts Awarded to Native Groups

  • Chapter Four

    Findings from Qualitative Analyses

  • Chapter Five

    Findings and Recommendations

  • Appendix A

    Public Law 111-84, Section 811: Justification and Approval of Sole-Source Contracts

  • Appendix B

    Congressional Request for a Study of the Effects of J&A Provisions

  • Appendix C

    Selected Dates in the Evolution of Small Business Policy

  • Appendix D

    Variation in 8(a) Requirements, by Type of Business

  • Appendix E

    Provision and Incentives for DoD to Outsource Directly to Native American-Owned Firms

  • Appendix F

    Numbers of Contracts, by Year

  • Appendix G

    Interview Protocol

The research described in this report was prepared for the Office of the Secretary of Defense (OSD). The research was conducted within the RAND National Defense Research Institute, a federally funded research and development center sponsored by OSD, the Joint Staff, the Unified Combatant Commands, the Navy, the Marine Corps, the defense agencies, and the defense Intelligence Community.

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