Hearings

"Senate Homeland Security and Governmental Affairs Committee Holds Confirmation Hearing on the Pending Nomination of Joseph G. Jordan to be the Office of Management and Budget Office of Federal Procurement Policy Administrator," May 9, 2012

View congressional transcript here.

“Engaging Michigan Tribes as Part of ‘Reinventing Michigan,” December 14, 2011

NACA Interim Executive Director, Sarah Lukin, recently testified on behalf of NACA at a hearing of the Economic Development Committee of the Michigan State Senate. The hearing, “Engaging Michigan Tribes as Part of ‘Reinventing Michigan,” took testimony from a variety of witnesses on the opportunities available to Tribes in Michigan to grow the state economy. NACA testified about the Native 8(a) pro-gram, its potential for Tribes, and the Congressional scrutiny the program has received during the last several years. Also testifying at the hearing was Matthew Wesaw, Chairman of the Pokagon Band of Potawatomi; Ron Perry, President of the National 8(a) Association; and Jon DeVore, former senior staff member to United States Senator Ted Stevens and United States Senator Lisa Murkowski. View testimonies here. NACA has been engaged with the Michigan Tribes to promote the Native 8(a) program in Michigan. NACA has also participated in several meetings this year to discuss the 8(a) program with stakeholders in Michigan. NACA member Michigan tribes are the Grand Traverse Band of Ottawa & Chippewa Indians, and Hannahville Indian Community.

"Small Business Contracts: How Oversight Failures and Regulatory Loopholes Allow Large Businesses to Get and Keep Small Business Contracts," July 26, 2011

Senator McCaskill's subcommittee held a hearing on July 26, 2011 on small business contracts going to large businesses. NACA was informed that the hearing would not focus on the Native 8(a) program. However, ANCs came up twice during the hearing. In her opening statement, Senator McCaskill referenced the 2009 hearing. And during a Q&A session, Senator McCaskill asked about “The Giant ANCs” that can “legally front” for large businesses, whose contracts all count towards small business goals. She said that ANCs could be in the program “forever” and asked Joe Jordan of the SBA what percentage of the small business contracting that was done by the federal government consisted of ANC contracts. To view the hearing, click here. The question begins approximately at the 79 minute mark.

Joe Jordan did not answer the question directly, but said he would work to get information for her. He did clarify, rightly, that it is not the ANC itself that necessarily participates in the program (or any other Native 8(a) firm) but the subsidiaries that do qualify as small businesses. Mr. Jordan also clarified that not every contract that is awarded to an ANC subsidiary necessarily is awarded under 8(a) nor is it automatically qualified towards the federal government’s small business goal if it is awarded to a subsidiary that is not a small business, or has graduated from the 8(a) program.

NACA determined it has to respond to Senator McCaskill regarding the assertions in the hearing. NACA understands Senator Begich may speak with her regarding the question she raised. View NACA's response here.

SCIA OVERSIGHT HEARING on "Promise Fulfilled: The Role of the SBA 8(a) Program in Enhancing Economic Development in Indian Country," April 7, 2011

The Senate Committee on Indian Affairs (SCIA) held a hearing on Thursday, March 7, 2011 on the Native 8(a) Program. The hearing was entitled: "Promise Fulfilled: The Role of the SBA 8(a) Program in Enhancing Economic Development in Indian Country." A webcast of the hearing is available to view here. View NACA's press release on the hearing here.

The committee heard from three different panels. The first panel consisted of SBA officials including Mr. Joseph Jordan, Associate Administrator for Government Contracting and Business Development, and Mr. Peter McClintock, Deputy Inspector General. The second panel included Ms. Jacqueline Johnson-Pata, Executive Director of the National Congress of American Indians, and Ms. Julie Kitka and Mr. Byron Mallott of the Alaska Federation of Natives. The final panel included Mr. Chief Allen, Chairman of the Coeur d' Alene Tribe, Mr. Lance Morgan, Chairman of NACA and President and CEO of Ho-Chunk Inc. (Winnebago Tribe, Nebraska), and Mr. Larry Hall, President of S&K Electronics (Confederated Salish & Kootenai Tribes, Montana).

NACA greatly appreciates the support of its members who attended the hearing, who testified, and helped prepare for a successful hearing. This hearing represents a major opportunity to shape the debate of the program, and overall the Native community was successful in telling our story. SCIA will be accepting written testimony for the record for 2 weeks following the hearing (April 21, 2011). NACA strongly encourages each of our members to submit written testimony that focuses on the following areas:

  • Explain Native 8(a)s connection to federal Indian Policy and self-determination
  • Highlight the Benefits Native people and communities receive as a result of Native 8(a)

Testimony should be submitted via email to: testimony.indian.senate.gov. Please send an electronic copy of your written testimony to dennis@nativecontractors.org for our files.

Written Statements

 

SBA IG Mentions ANCs in “Access to Capital Hearing” Testimony, March 3, 2011

SBA Investigator General, Peggy Gustafson, referenced Alaska Native Corporations in her written testimony during a hearing access to capital for minority companies. Ms. Gustafson did not mention ANCs during her verbal testimony. The testimony mentions that ANCs “may” be taking business from other businesses. The testimony can be found here.

Committee on Oversight on Government Reform: Waste and Abuse: The Refuse of the Federal Spending Binge," February 17, 2011

ANCs were brought up by Rep. Jackie Speier (D-CA-12). During the hearing Speier Requested GAO look into ANCs through the House Oversight & Government Reform Committee and wants the OGR Committee to do something about ANCs. She said sole source contracts to anyone raises mischief. She discussed the Washington Post articles on an ANC awarded a $250M contract for sexual assault training, which she said they were not qualified to do. She went on to state ANCs have received $29B in the last decade and that most of the money is not going to the Natives. Lastly, she ended her statement by saying this is an absolute abuse of the program. GAO Controller Dodaro responded that he was well aware of the issue and that reports were previously issued on ANCs and the GAO is working on another report right now. Speier said that was the problem. GAO issues reports but there are no results. She said she doesn’t want to just hold hearings she wants to prove they are saving the taxpayer money. The ANC specific comments begin at 1:29:18 and end at 1:30:58.

Ad Hoc Subcommittee on Interagency Contracts (Part II): Management and Oversight, June 30, 2010
At the end of this hearing (about minute 128) on Interagency Contracts, Sen. McCaskill asks Mr. Gordon from the GSA why Section 811 which in her words, creates a "cap" of $20M for sole-source contracts has not been implemented and wondered why tribal consultation was necessary. Mr. Gordon responded that because the law impacts all tribes, they must consult but that it would be done quickly. She asked him to put a "burner" under the issue and again said she was going to be tracking the implementation of the rule. Of note is the manner in which Sen. McCaskill denigrates ANC's and their "special status" in the law for a reason she "cannot understand."

 U.S. Senate Ad Hoc Subcommittee on Contracting Oversight Hearing on "Counternarcotics Contracts in Latin America," May 20, 2010.
While focused on counter-narcotic contracts in Latin America, Senator McCaskill took the opportunity to again berate the “ridiculous” status of Alaska Native Corporations in government contracting. Her comments begin at minute 83.45.

U.S. Senate Contracting Oversight Subcommittee Hearing on "Oversight of Contract Management at the Centers for Medicare and Medicaid Services," April 28, 2010.
During this hearing, Senator McCaskill takes aim at a contract awarded to Chickasaw Nation Industries. She stated that she is very busy “campaigning against the carve-out” that permits “ANC’s to grow very large” while in the 8(a) program, get sole-source contracts and “not even do the work”. She asked the witnesses if CNI was a front and if they were actually doing the work. Her comments begin at minute 96.

U.S. Senate Committee on Small Business and Entrepreneurship, "The FY2011 Budget Request for the Small Business Administration," April 21, 2010.
Administrator Mills testifying in front of the Senate Small Business Committee about the SBA’s FY2011 Budget. She notes the request includes funding for a pilot program called “Emerging Leaders” that is expanding to focus on Native American entrepreneurship and business development in 12 cities during FY 2010. Comment begins at minute 52.

Small Business Administration Oversight Hearing on "Oversight of the Small Business Administration and its Programs," April 21, 2010.
Oversight hearing examining SBA problem areas:

State Legislative Hearings

Alaska State Legislature Joint Meeting Senate Special Committee on World Trade, Technology and Innovation, House Special Committee on Economic Development, International Trade and Tourism, October 26, 2009.
Hearing about the impact of the Native 8(a) program on Alaska economic development.

Witness Statements

Doing Business with the Government: The Records and Goals for Small, Minority and Disadvantaged Businesses, Hearing Before the Subcommittee on Economic Development, Public Buildings, and Emergency Management, September 17, 2009.
The House Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings, and Emergency Management held a hearing to examine the small business programs of the Architect of the Capitol, the General Services Administration, the Federal Emergency Management Agency, the John F. Kennedy Center for Performing Arts, and the Smithsonian Institution. Mr. Zingeser testified on behalf of the Associated General

Contractors of America provided written testimony urging the SBA to implement GAO recommendations on improving the ANC 8(a) contracting program.

Subcommittee on Contracting Oversight of the U.S. Senate Committee on Homeland Security and Governmental Affairs, July 16, 2009.
Senator Claire McCaskill held this hearing to “examine the contracting preferences for Alaska Native Corporations.” NACA provided both oral and written testimony at the hearing.

Written Statements

Hearing Documents
Subcommittee Analysis Part I
Subcommittee Analysis Part II
ISER Report on Alaska Natives
 

Diversifying Native Economies, Oversight Hearing Before the Committee on Natural Resources U.S. House of Representatives, September 19, 2007.
Hearing to focus on the Small Business Administration’s Native 8(a) program designed to provide business opportunities to Indian tribes and Alaska Native Corporations.

 Click Here for Transcript 

Written Statements

"Native American Contracting Under Section 8(a) of the Small Business Act: Economic, Social, and Cultural Impacts,"
Jonathan B. Taylor, Cambridge, MA, October 2007

Northern Lights and Procurement Plights: The Effect of the ANC Program on Federal Procurement and Alaska Native Corporation, Joint Hearing Before the Committee on Government Reform and the Small Business Administration, June 21, 2006.
Hearing to examine the increased use of Alaska Native Corporations in federal contracting. Includes statements by Congressman Young, Senator Waxman and NACA.

Written Testimony

Oversight Hearing on Economic Development in Indian Country, Committee on Indian Affairs, United States Senate, May 10, 2006.
Hearing to examine economic development in Indian Country. Testimony included some comments on the Native 8(a) program by Joe Garcia (NCAI) and Lance Morgan (Ho-Chunk).