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ARTS Advantages Small Business Status

Native American Incentive Program

Many contractors and even Government agencies are not knowledgeable about the advantages offered through the Native American Incentive Act (FAR 52.226-1), which implements 25 USC 1544, providing an incentive to contractors that use Indian organizations and Indian-owned economic enterprises as subcontractors. If a contracting officer includes in an RFP the clause at 52.226-1, "Utilization of Indian Organizations and Indian-Owned Economic Enterprises," the program provides for an incentive payment equal to 5 percent of the amount subcontracted to an Indian organization or Indian-owned economic enterprise.

Contracting Incentives

Section 10 USC 2323a of the United States Code allows for an agency contracting to a joint venture that is at least 50% owned by a Native-owned firm, to count that portion of the JV that is Native-owned toward their small business contracting goals.

Direct Conversion

Section 8014 of the Defense Appropriation Act (fiscal Year 2002) details how DoD agencies may directly convert full time equivalent (FTE) positions to Alaska Native Corporations (ANCs) rather than conducting A-76 Cost Comparison studies. This applies when the ANC, such as ASWS, has at least 51% ownership of a joint venture or is the prime contractor performing at least 51% of the work. There is no limit to the dollar value of the contract.