Super 8a Certification – A Unique Set of Lawyers for Companies With a Unique Set of Federal Procurement Laws
When it comes to becoming a Super 8a certified business or a small business with Super 8a Status, most companies understand the unique advantages of being able to do SBA Native American Government Contracting. Yet, many Super 8(a) government contractors find themselves either not generating enough revenues or unfortunately facing costly legal mistakes when performing federal contracts.
At Watson & Associates, LLC, we offer a boutique size law firm that can guide super 8a contractors through the various hurdles and nuances of getting SBA 8(a) certification.
- Congress has put the Small Business Act’s Section 8(a) Business Development program in place to promote economic development for American Indian tribes and Alaska Native Corporations (ANC Contract Companies ).
- When certified as an eligible SBA 8(a) participant, tribally-owned small Native American businesses can secure federal government contracts under unique terms that the traditional small business cannot. At Watson & Associates, LLC, our federal Native American lawyers and government contract consultants help with Native American Owned Business Certification and the ability to team with other small business and increase the company’s bottom line.
Law Offices in Washington DC and Colorado With Nationwide Reach
When it comes to federal Native American contracting for federal government goods and services, the procurement legal system can be intimidating and tricky. Many federal contractors that are small disadvantaged businesses understand that contractors with super 8a status have unique statutory rights such as rights to sole-source contracts under the SBA 8(a) Certification Program. Hence, the term “Super 8 a.”
Problem and Solution
There are some SBA Native American 8a companies that have yet to receive large contracts. Having super 8a certification status does not mean that the SBA simply gives you contracts, you still have to strategically position yourself to secure work.
- Frequently, when a specific case about super 8(a) certification is reviewed by an experienced government contracts attorney, potential causes and agency mistakes that can lead to the lacking business revenues become somewhat obvious.
At Watson & Associates, LLC we bring over 30 years of combined federal government contracting experience to the table which includes hands-on experience with SBA programs involving tribal and Native American small businesses. We help clients in various industry groups including Native American construction companies, IT Solutions, services and consulting, green and industrial service contracts and more.
Native American Government Contracts Attorney Services and Super 8a Status Consulting Services
||· Alaska Native Corporations 8a Contract & Tribal Size Protests and Appeals|
Not All Native American Government Contracts are Distributed Evenly Across the Playing Field
Although federal contractors with super 8a status have what some would call superior sole source power, there is still some imbalance in the numbers of awards. For example, data shows that Tribal 8a companies historically have not received as many government contracts and ANC government contractors. At Watson & Associates, LLC our federal procurement and Native American lawyers for government contractors help with a variety of legal issues that can arise. These include teaming arrangements and joint venture agreements, the SBA Mentor Protege regulations, bid protests both at the GAO and Court of Federal Claims. If there are more advance appeal cases at the U.S. Court of Appeals for the Federal Circuit, our attorneys can help.
Problems With SBA Affiliation and Litigation?
Not every government contract award 8a to Native American small businesses are untouchable given very unique abilities to small businesses certified in the SBA (Program).
There are SBA OHA cases where tribal 8(a) companies have been found to violate SBA affiliation rules. Although its difficult to protest Native American sole source contracts and other awards, tribal and ANC 8(a) companies can also develop certain policies and controls that would minimize adverse actions by the government. At Watson, our Native American government contracting legal services help companies to stay out of legal trouble while increasing their bottom line. We help with termination for default appeals, cure notices and show cause matters, appeal SBA OHA decisions to the US Court of Federal Claims (COFC) and COCF appeals to the United States Court of Appeals for the Federal Circuit.
Develop a unique approach to teaming and joint venture relationships with Tribal 8a and ANC prime contractors
(There are several benefits of working with a tribal 8a company)
Native American 8a contractors, although aware of the various SBA regulations and FAR rules allowing for teaming and joint venturing, still do not maximize the potential for teaming and joint ventures. One of the common Native American business benefits is that they can enter teaming agreements with subcontractors without fear of affiliation. However, there are still some legal issues that can arise. Watson’s government procurement Native American lawyers can help with these issues. Common benefits of working with a tribal 8a company include:
- Getting company revenues as teaming or subcontractor without the tough bidding requirement ( super 8a companies qualify for 8a sole source contracts without the legal nightmare of affiliation matters)
- Native American companies can also gain experience and improve past performance for bidding on future contracts.
Looking to Building Relationships With Super 8a Native American Government Contractors
As Native American government contracts consultants and lawyers, we understand the need for companies wanting to build a partnership with Native Americans in order to pursue government contracts. We help ANC contract companies and tribally owned businesses to bridge the gap given the unique set of rules that apply. When it comes to Native American sole source contracts, some federal contracting agencies are still reluctant to award if they suspect performance risks without the proper teaming partners or subcontractor relationships.
8a Bid Protests, SBA Small Business Litigation, and Tribal 8a Appeals
We Have Experience Litigating in Virtually All Courts that Hear Federal Contracting Matters
Although many large Native American contracting entities may have internal legal counsel, sometimes a favorable decision involving Native American contracting and receiving ANC 8(a) Sole Source contracts issues can surface from outside counsel that understand both the government’s position and the contractor’s position. At Watson, Native American attorneys our Alaska Native 8a and Tribal government contract law lawyers frequently practice before courts such as the Government Accountability Office (GAO), ASBCA, CBCA, SBA OHA, U.S. Court of Federal Claims, US Federal Circuit Court of Appeals, the SBA in size protest and affiliation disputes, and the various Boards of Contract Appeals.
Sometimes issues arise in protest against agency award and evaluation decisions where protestors are not aware of price preferences in full and open competition or the ability for Native tribes as government contractors to use special rules on teaming and subcontracting.
- We serve as intervenor attorneys for Native American owned business certification issues or bid protest lawyers for corporate contracting entities at all levels.
Given the special regulations, some tribal entities, or Alaskan Native Corporations (ANC) may sometimes experience challenges to their qualifications in sole sourcing and small business set-asides. Our Native American lawyers for federal contracts can help.
FAR Compliance Services for Tribal 8a and ANC Super 8a Companies
Given the increased level of contractor scrutiny, government agencies are more adept to investigate Native American 8a Program companies for compliance, False Claims Act Violations, and procurement law violations. At Watson & Associates, our federal government contract law attorneys help with non-litigation issues such as FAR compliance, consulting on Contract Disputes Act requirements, Mentor Protege and joint venture relationships and more.
Government Contract Disputes Act and 8(a) Certification Litigation
Develop adequate contract claims documents and improve your chances of getting paid early. Many federal contractors still have a difficult time getting paid for work performed. More cases also dismissed for failure to follow the rightful claims dispute regulations. Watson’s Native American attorneys can assist with:
- Contract claims preparation and submission
- Requests for Equitable Adjustments
- Claims appeal after the final contracting officer determination
Call Our Super 8a Certification Lawyers and Consultants
Immediate Help Available
To maximize your super 8a certification opportunities and successfully build the teaming and joint venture relationships to avoid adverse action and Super 8 a status litigation, call our Tribal 8a Native American government contracts lawyers at Watson & Associates, LLC today.
Call 202-827-9750 or 1-866-601-5518 Toll Free.