- Details
- By Brian Edwards
- Native Contracting
This new, retooled (and now monthly) column provides a snapshot of recent news and developments in Native federal contracting. It’s designed to be a quick skim, with lots of links for more depth.
This month: A recent report reveals that Native corporations, tribes, and organizations have generated $202 billion in federal contracts over the past 40 years. Plus, key updates include SBA’s upcoming tribal consultations on HUBZone revisions, the potential impact of the Chevron doctrine’s overturn on tribal entities, new certification tools from SBA, and some notable contract awards to Native businesses.
CICD: Native Entities Contribute Billions Through Federal Contracts
Native entities, including Alaska Native Corporations, Native Hawaiian Organizations, and federally recognized tribes, generated $202 billion from prime and subcontracting federal contracts between 1981 and 2021, according to a recent report from the Center for Indian Country Development (CICD). This revenue supports economic development in Native communities and provides subcontracting opportunities for small businesses.In 2022, Native-entity enterprises spent approximately $1.2 billion on small business subcontracting, out of a total $16.6 billion in prime contracts. The Professional and Business Services sector saw the highest subcontracting expenditure, with $707.8 million directed to small businesses. Construction and Manufacturing sectors followed, with $358.5 million and $71.9 million respectively.
CICD's analysis reveals that 92.9% of small business subcontractors engaged by Native-entity enterprises are not Native-owned, highlighting the significant role of non-Native small businesses in these projects. The report sheds light on how federal contracting supports both Native and neighboring economies.
SBA Announces Tribal Consultation Meetings on HUBZone Program Revisions
The U.S. Small Business Administration (SBA) announced tribal consultation meetings and a listening session to discuss revisions to the Historically Underutilized Business Zone (HUBZone) program regulations.
The meetings — scheduled in Albuquerque, New Mexico; Oklahoma City, Oklahoma; Anchorage, Alaska; and Honolulu, Hawaii — aim to gather input on proposed changes to the 8(a) Business Development and size regulations, as well as the implementation of President Biden’s executive order to reform federal funding and support for Tribal Nations.
The SBA is particularly interested in feedback on policy changes related to joint venture participation in SBA programs and the impact of mentor-protégé joint ventures on small businesses competing for federal contracts. The SBA is also looking for comments on potential reforms to enhance accessibility and equity in Federal funding programs for Tribal Nations.
Testimony from these consultations will be considered in the decision-making process for regulatory changes. Interested parties are encouraged to pre-register for the meetings and provide written or oral testimony.
Chevron Ruling Will Impact Federal Contracting, But What About Tribal Entities?
Reading the legal blogs the past few weeks, it’s pretty clear that the U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo, which overruled the Chevron doctrine, will impact federal contracting.
Previously, Chevron deference required courts to defer to federal agencies' interpretations of ambiguous statutes. Now, without Chevron, courts are free to interpret these statutes. The shift to regulation by enforcement (rather than legislation) will likely disrupt how regulations in highly regulated industries, including government contracting, will work.
At a minimum, it promises to create the one thing that businesses hate the most: uncertainty.
This post from three attorneys at the Schwabe law firm, which has a history of working with tribes and their entities in the federal contracting sector, breaks down some of the specific implications for Indian Country and Alaska Native Corporations. One key point: In Indian law, using Chevron deference was already especially complicated and led to “judicial waffling” on occasion. Courts couldn’t seem to agree on whether to follow the so-called Blackfeet canon, which favors tribes by interpreting laws in their favor, or the Chevron canon, which defers to federal agencies. The uncertainty highlights the unique legal and historical situation of Indian tribes and their relationship with the federal government, the authors say, noting: “It may be that when the dust settles, the weakening of Chevron deference will not be as impactful in Indian country as it is in other areas of law.”
ANC IT Firm Joins SBA’s 8(a) Program
Arctic IT Government Solutions (AITGS), a subsidiary of Doyon Technology Group, announced it has been accepted into the U.S. Small Business Administration’s (SBA) 8(a) Business Development Program. This certification enhances AITGS’s ability to compete for federal contracts and grants. The company specializes in advanced technology services, including business application modernization and strategic planning. “This is a significant milestone,” said AITGS President Steve Schmitz, noting the company’s commitment to innovative IT solutions for federal agencies. The 8(a) program, designed to assist small, disadvantaged businesses, will allow AITGS to expand its service offerings and drive growth, according to Thomas Mercer, President of Doyon Technology Group.
SBA Unveils MySBA Certifications for Streamlined Contracting
The U.S. Small Business Administration (SBA) announced the launch of MySBA Certifications, a new tool designed to simplify and streamline the federal contracting certification process. Set to debut in September, MySBA Certifications will allow small business owners to apply for and manage multiple federal contracting certifications in one place, reducing paperwork and processing time.
Administrator Isabel Casillas Guzman highlighted the tool’s role in enhancing the SBA’s customer experience and supporting small businesses, which are crucial to the federal supply chain.
MySBA Certifications will consolidate various programs, including Women-Owned Small Business, Veteran-Owned Small Business, HUBZone, and the 8(a) Business Development Program, making it easier for businesses to apply for multiple certifications simultaneously.
According to a statement from Administrator Guzman, the initiative aligns with President Biden’s goal of improving federal services and is expected to cut application times by up to 70%, supporting small businesses in securing valuable federal contracts.
Tribal M&A
The federal contracting arm of Anchorage-based Chenega Corporation has acquired SecuriGence LLC, a Leesburg, Va.-based IT firm specializing in systems and software engineering, cybersecurity, and cloud management. The acquisition will enhance Chenega’s capabilities in the defense and intelligence sectors. SecuriGence, a minority- and veteran-owned company, reported $112 million in revenue in 2022 and ranked sixth on Washington Technology’s 2023 "Fast 50" list of the fastest-growing federal contractors, with a 116.6% compound annual growth rate from 2018 to 2022. Here’s some more detail from a Tribal Business News report last week.
Notable Contracts
Here’s a rundown of some notable federal contract awards to entities owned by tribes, Alaska Native Corporations, and Native Hawaiian Organizations. All information here comes from reporting by the U.S. Department of Defense:
ChemTrack Alaska Inc., Anchorage, Alaska (FA5000-24-D-0005); Alaska Abatement Corp., Anchorage, Alaska (FA5000-24-D-0006); Central Environmental Inc., Anchorage, Alaska (FA5000-24-D-0007); Far North Services LLC., Wasilla, Alaska (FA5000-24-D-0008); and Satori Group Inc., Anchorage, Alaska (FA5000-24-D-0009), were awarded a $9,999,999 ceiling indefinite-delivery/indefinite-quantity contract for hazardous material abatement construction contract on Joint Base Elmendorf-Richardson, Alaska. These contracts provide for hazardous material sampling, testing, abatement, and remediation requirements needs for facilities on JBER. Work will be performed at JBER and is expected to be completed by July 30, 2029. This contract is the result of a competitive small business set-aside, and five offers were received. Fiscal 2024 operation and maintenance funds in the amount of $27,000 are being obligated at the time of award. The 673rd Contracting Squadron, JBER, Alaska, is the contracting activity. hemTrack is an 8(a) Alaskan Woman Owned Small Business that for over 40 years has provided environmental services, construction, engineering and innovative remedial technology for projects throughout Alaska.
PDO-HGC JV LLC, Milwaukee, Wisconsin, was awarded a $9,518,318 firm-fixed-price contract for construction services to demolish the contingency dormitory Building 3117 at Eielson Air Force Base, Alaska. This contract provides for a thorough investigation to identify and assess the extent of the hazardous materials and other wastes at the facility and handling of material during demolition along with utility connection terminations. Work will be performed at Eielson Air Force Base, Alaska, and is expected to be completed by February 10, 2026. This award contract was a sole source acquisition. Fiscal 2024 operation and maintenance funds in the amount of $9,518,318 are being obligated at the time of award. The 354th Contracting Squadron, Eielson Air Force Base, Alaska, is the contracting activity (FA5004-24-C-0006).
Cherokee Nation Strategic Programs LLC, Tulsa, Oklahoma, was awarded an estimated $49,111,861 firm-fixed-price task order under the General Services Administration One Acquisition Solution for Integrated Services Governmentwide Acquisition Contract for Training Intelligence Plans and Exercise Support Cyber Readiness Operations Weapons & Tactics Network Defensive Operations II (TRIPLECROWN II). Work will be performed at Joint Base San Antonio-Lackland, Texas, and is expected to be completed by July 14, 2029. This contract was a competitive acquisition, and seven offers were received. Fiscal 2024 operation and maintenance funds in the amount of $1,247,298 are being obligated at the time of award. The Acquisition Management and Integration Center, Detachment 2, JBSA-Lackland, Texas, is the contracting activity (FA8773-24-F-0110).
Frontier Electronic Systems Corp.* Stillwater, Oklahoma, was awarded a $24,955,539 cost-plus-fixed-fee and firm-fixed-price, indefinite-delivery/indefinite-quantity contract for hardware in support of the AN/SPQ- 15(V) Data Distribution System and supporting engineering services. Work will be performed in Stillwater, Oklahoma (80%); and various Navy shipyards (20%), and is expected to be completed by June 2028. Fiscal 2020 shipbuilding and conversion (Navy) funds in the amount of $500 was obligated at time of award, which will not expire at the end of the current fiscal year. All other funding will be made available at the delivery order level as contracting actions occur. This contract was competitively procured via System for Award Management.gov website, with one offer received. Naval Surface Warfare Center, Dahlgren Division, Dahlgren, Virginia, is the contracting activity (N0017824D4500). (Awarded July 23, 2024)
Bering Global Solutions LLC, Anchorage, Alaska, has been awarded a $25,000,000 ceiling increase, firm-fixed-price contract modification (P00014) to previously awarded FA4887-19-D-A005 for the Human Performance Optimization program in support of the Comprehensive Readiness for Aircrew Flying Training program design and support. The modification brings the total cumulative face value of the contract is $80,000,000. Work will be performed at Luke Air Force Base, Arizona; Vance AFB, Oklahoma; Randolph AFB, Texas; Columbus AFB, Mississippi; Laughlin AFB, Texas; Altus AFB, Oklahoma; Pensacola AFB, Florida; Tyndall AFB, Florida; Kirtland AFB, New Mexico; Fort Novosel, Alabama; Langley AFB, Virginia; Davis Monthan AFB, Arizona; Seymour Johnson AFB, North Carolina; Mountain Home AFB, Idaho; Nellis AFB, Nevada; Barksdale AFB, Louisiana; Holloman AFB, New Mexico; Lackland AFB, Texas; Sheppard AFB, Texas; and Eglin AFB, Florida, and is expected to be completed by Aug. 31, 2025. No funds are being obligated at the time of award. The 56th Contracting Squadron, Services Flight, Luke AFB, Arizona, is the contracting activity.
Suh'dutsing Staffing Services,* Cedar City, Utah, was awarded an $8,175,858 firm-fixed-price contract to repair and upgrade a building. Bids were solicited via the internet with six received. Work will be performed in Portland, Oregon, with an estimated completion date of Jan. 27, 2026. Fiscal 2024 operation and maintenance, defense-wide funds in the amount of $8,175,858 were obligated at the time of the award. U.S. Property and Fiscal Office, Oregon, is the contracting activity (W50S8Y-24-C-0002).
Nakupuna Consulting LLC,* Arlington, Virginia, was awarded a $370,000,000 cost-plus-fixed-fee contract for the integration for functionality into the Integrated Personnel and Pay System-Army. Bids were solicited via the internet with five received. Work locations and funding will be determined with each order, with an estimated completion date of July 9, 2031. Army Contracting Command, Aberdeen Proving Ground, Maryland, is the contracting activity (W91CRB-24-D-0022).
Olgoonik Worldwide Services LLC,** Anchorage, Alaska, has been awarded a maximum $48,442,776 hybrid firm-fixed-price, cost-plus-fixed-fee, cost-reimbursement, no-fee indefinite-delivery/indefinite-quantity contract for warehousing and operations support services. This was a competitive acquisition with four responses received. This is a five-year contract with no option periods. Location of performance is Florida, with a July 31, 2029, ordering period end date. Using customer is Defense Logistics Agency. Type of appropriation is fiscal 2024 through 2029 defense working capital funds. The contracting activity is the Defense Logistics Agency Distribution, New Cumberland, Pennsylvania (SP3300‐24-D-5002).
Kekolu Contracting LLC, La Plata, Maryland, was awarded a firm-fixed-price, indefinite-delivery/indefinite-quantity, single award contract with a ceiling of $200,000,000 for construction work on real property facilities at Eglin Air Force Base and its associated sites in Florida. This contract provides for support of real property maintenance, repair, alteration, non-complex minor construction, restoration and moderation, and renovations efforts. Work will be performed at Eglin AFB, Florida, and is expected to be completed by July 7, 2029. This contract was a competitive acquisition, and six offers were received. Fiscal 2024 operation and maintenance funds in the amount of $2,000 are being obligated at time of award. The Air Force Test Center, Eglin AFB, Florida, is the contracting activity (FA2823-24-D-0006).
ASRC Federal Gulf State Contractors LLC, Beltsville, Maryland, was awarded a total contract value of $146,291,770 firm-fixed-price contract for Sheppard Air Force Base, Texas, maintenance. The contract provides for management, equipment, personnel, and services necessary to support the 82nd Training Wing mission at Sheppard AFB, Texas, including all services, installation management, civil engineering operations and maintenance, installation engineering, and emergency management. Work will be performed in Wichita Falls, Texas, and is expected to be completed by July 31, 2031. This award is the result of a competitive acquisition with six offers received. Fiscal 2024 operation and maintenance funds in the amount of $254,652 are being obligated at the time of award. The 338th Enterprise Sourcing Squadron, Joint Base San Antonio-Randolph, San Antonio, Texas, is the contracting activity (FA3002-24-C-0009).
Got news and information about Native federal contracting? Let us know: [email protected].
