Alaskan Congressman Don Young is enlisting a bipartisan group in the House of Representatives to urge Secretary of Defense Ash Carter to swiftly and diligently complete a Department of Defense (DOD) study examining the negative impacts of Section 811 of the Fiscal Year 2010 National Defense Authorization Act (NDAA) on Native community owned contractors.
“The 8(a) program has been extremely successful in creating an efficient and cost effective contracting option for the government while supporting economic opportunity for some of the most disadvantaged and underemployed populations in the nation,” said Congressman Young. “Since Senator Stevens left the Senate, Native contractors have been under constant attack. Section 811 was snuck into the 2010 NDAA negotiations by the Senate, and ever since then I have repeatedly heard about the confusion, difficulty and damage this Act has caused to our Native contractors.”
Section 811 requires that any 8(a) Native American sole-source contract, in excess of $20 million, go through an overly burdensome approval process. While the measure was sold as a “good governance” provision and did not prohibit or discourage the awarding of such contracts, this heightened scrutiny, not required for any other contractors, has had a chilling effect for contracts.