This is the accessible text file for GAO report number GAO-06-874T 
entitled 'Alaska Native Corporations: Increased Use of Special 8(a) 
Provisions Calls for Tailored Oversight' which was released on June 21, 
2006. 

This text file was formatted by the U.S. Government Accountability 
Office (GAO) to be accessible to users with visual impairments, as part 
of a longer term project to improve GAO products' accessibility. Every 
attempt has been made to maintain the structural and data integrity of 
the original printed product. Accessibility features, such as text 
descriptions of tables, consecutively numbered footnotes placed at the 
end of the file, and the text of agency comment letters, are provided 
but may not exactly duplicate the presentation or format of the printed 
version. The portable document format (PDF) file is an exact electronic 
replica of the printed version. We welcome your feedback. Please E-mail 
your comments regarding the contents or accessibility features of this 
document to Webmaster@gao.gov. 

This is a work of the U.S. government and is not subject to copyright 
protection in the United States. It may be reproduced and distributed 
in its entirety without further permission from GAO. Because this work 
may contain copyrighted images or other material, permission from the 
copyright holder may be necessary if you wish to reproduce this 
material separately. 

Testimony before the Committees on Government Reform and Small 
Business, House of Representatives: 

United States Government Accountability Office: 

GAO: 

For Release on Delivery Expected at 1:00 p.m. EDT: 

Wednesday, June 21, 2006: 

Alaska Native Corporations: 

Increased Use of Special 8(a) Provisions Calls for Tailored Oversight: 

Statement of David E. Cooper, Director Acquisition and Sourcing 
Management: 

GAO-06-874T: 

GAO Highlights: 

Highlights of GAO-06-874T, a testimony before the Committees on 
Government Reform and Small Business, House of Representatives. 

Why GAO Did This Study: 

Alaska Native corporations (ANC) were created to settle land claims 
with Alaska Natives and foster economic development. In 1986, 
legislation passed that allowed ANCs to participate in the Small 
Business Administration’s (SBA) 8(a) program. Since then, Congress has 
extended special procurement advantages to 8(a) ANC firms, such as the 
ability to receive sole-source contracts for any dollar amount and to 
own multiple subsidiaries in the 8(a) program. We were asked to testify 
on an earlier report where we identified (1) trends in the government’s 
8(a) contracting with ANC firms, (2) the reasons agencies have awarded 
8(a) sole-source contracts to ANC firms and the facts and circumstances 
behind some of these contracts, and (3) how ANCs are using the 8(a) 
program. GAO also evaluated SBA’s oversight of 8(a) ANC firms. 

GAO made recommendations aimed at improving SBA’s oversight of 8(a) ANC 
contracting activity and ensuring that procuring agencies properly 
oversee 8(a) contracts they award to ANC firms. The procuring agencies 
generally agreed with our recommendation. SBA expressed concern with 
aspects of the report and disagreed with several of our 
recommendations. 

We believe implementation of our recommendations would provide better 
oversight of 8(a) ANC contracting activity and provide decision makers 
with information to know whether the program is operating as intended. 

What GAO Found: 

While representing a small amount of total federal procurement 
spending, obligations for 8(a) contracts to ANC firms increased from 
$265 million in fiscal year 2000 to $1.1 billion in 2004. Over the 5-
year period, agencies obligated $4.6 billion to ANC firms, of which 
$2.9 billion, or 63 percent, went through the 8(a) program. During this 
period, six federal agencies—the departments of Defense, Energy, the 
Interior, State, and Transportation and the National Aeronautics and 
Space Administration—accounted for over 85 percent of 8(a) contracting 
activity. Obligations for 8(a) sole source contracts by these agencies 
to ANC firms increased from about $180 million in fiscal year 2000 to 
about $876 million in fiscal year 2004. 

ANCs use the 8(a) program as one of many tools to generate revenue with 
the goal of providing benefits to their shareholders. Some ANCs are 
heavily reliant on the 8(a) program for revenues, while others approach 
the program as one of many revenue-generating opportunities. GAO found 
that some ANCs have increasingly made use of the congressionally 
authorized advantages afforded to them. One of the key practices is the 
creation of multiple 8(a) subsidiaries, sometimes in highly diversified 
lines of business. From fiscal year 1988 to 2005, ANC 8(a) subsidiaries 
increased from one subsidiary owned by one ANC to 154 subsidiaries 
owned by 49 ANCs. 

In general, acquisition officials at the agencies reviewed told GAO 
that the option of using ANC firms under the 8(a) program allows them 
to quickly, easily, and legally award contracts for any value. They 
also noted that these contracts help them meet small business goals. In 
reviewing selected large sole-source 8(a) contracts awarded to ANC 
firms, GAO found that contracting officials had not always complied 
with certain requirements, such as notifying SBA of contract 
modifications and monitoring the percentage of work that is 
subcontracted. 

SBA, which is primarily responsible for implementing the 8(a) program, 
has not tailored its policies and practices to account for ANCs’ unique 
status and growth in the 8(a) program, even though SBA officials 
recognize that ANCs enter into more complex business relationships than 
other 8(a) participants. Areas where SBA’s oversight has fallen short 
include determining whether more than one subsidiary of the same ANC is 
generating a majority of its revenue in the same primary industry, 
consistently determining whether awards to 8(a) ANC firms have resulted 
in other small businesses losing contract opportunities, and ensuring 
that the partnerships between 8(a) ANC firms and large firms are 
functioning in the way they were intended. 

[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-06-874T]. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact David Cooper at (202) 512-
4841 or cooperd@gao.gov. 

[End of Section] 

Mr. Chairmen and Members of the Committees: 

I am pleased to be here today to discuss our work on Alaska Native 
Corporation (ANC) 8(a) firms. In December 1971, Congress enacted the 
Alaska Native Claims Settlement Act to resolve long-standing aboriginal 
land claims and to foster economic development for Alaska Natives. This 
legislation created ANCs, which would become the vehicle for 
distributing land and monetary benefits to Alaska Natives in lieu of a 
reservation system. As of December 2005, there were 13 regional ANCs 
and 182 village, urban, and group corporations. 

In 1986, legislation was enacted that allowed ANC-owned firms to 
participate in the Small Business Administration's (SBA) 8(a) program-
-one of the federal government's primary means for developing small 
businesses owned by socially and economically disadvantaged 
individuals. Since then, Congress has extended special procurement 
advantages to ANC firms. For example, ANC firms are permitted to 
receive noncompetitive contracts for any amount, whereas other 8(a) 
companies are subject to competitive thresholds of $3 million or $5 
million for manufacturing contracts. ANCs can also own multiple 
subsidiaries participating in the 8(a) program,[Footnote 1] unlike 
other 8(a) firms that may own only one and no more than 20 percent of 
another 8(a) firm. 

I want to make it clear up front that we are not challenging the 
policies or legislation that provided ANCs with their special 
advantages. Congress made the advantages available, and it will be a 
congressional decision about what, if any, changes should be made. 

Our recent report on 8(a) ANC contracting identified (1) trends in 
contracting with ANC firms, (2) the reasons agencies have awarded 8(a) 
sole-source contracts to ANC firms and the facts and circumstances 
behind some of these contracts, and (3) how ANCs are using the 8(a) 
program.[Footnote 2] We also evaluated SBA's oversight of 8(a) ANC 
firms. Today I will discuss some of the information in our report and 
needed improvements in SBA's oversight of ANC 8(a) contracting 
activity. 

To address the objectives of our recent report, we obtained data on 
federal 8(a) contracting with ANCs from the Federal Procurement Data 
System and agencies. We also analyzed 16 sole-source 8(a) contracts 
awarded to ANC firms from the departments of Defense, Energy, the 
Interior, State, Transportation, Homeland Security and National 
Aeronautics and Space Administration (NASA). We met with executives of 
13 regional ANCs and 17 village or urban corporations. Our April 2006 
report, on which this testimony is based, was prepared in accordance 
with generally accepted government auditing standards. 

ANC Trends in and Use of 8(a) Contracting: 

While 8(a) ANC contracting represents a small amount of total federal 
procurement spending--which totaled more than $341 billion in fiscal 
year 2004--dollars obligated for ANC firms' contracts through the 8(a) 
program grew from $265 million in fiscal year 2000 to $1.1 billion in 
2004. Overall, during the 5-year period, the government obligated $4.6 
billion for ANC firms' contracts, of which $2.9 billion, or 63 percent, 
went through the 8(a) program. 

During this period, six federal agencies--the departments of Defense, 
Energy, the Interior, State, and Transportation and the National 
Aeronautics and Space Administration--accounted for over 85 percent of 
8(a) ANC contracting activity. Obligations for 8(a) sole source 
contracts by these agencies to ANC firms increased from about $180 
million in fiscal year 2000 to about $876 million in fiscal year 2004. 

ANCs use the 8(a) program as one of many tools to generate revenue with 
the goal of benefiting their shareholders. Some ANCs are heavily 
reliant on the 8(a) program for revenues, while others approach the 
program as one of many revenue-generating opportunities, such as 
investments in stocks or real estate. ANCs are using the 
congressionally authorized advantages afforded to them, such as 
ownership of multiple 8(a) subsidiaries[Footnote 3], sometimes in 
diversified lines of business. From fiscal year 1988 to 2005, numbers 
increased from one 8(a) subsidiary owned by one ANC to 154 subsidiaries 
owned by 49 ANCs. Figure 1 shows the recent growth in ANCs' 8(a) 
subsidiaries. 

Figure 1: Number of ANC Parent Corporations and Subsidiaries Active in 
the 8(a) Program, 1988 to 2005: 

[See PDF for image] 

[End of figure] 

ANCs use their ability to own multiple businesses in the 8(a) program, 
as allowed by law, in different ways. For example, some ANCs: 

* have created a second subsidiary to win follow-on work from a 
graduating subsidiary;[Footnote 4] 

* wholly own their 8(a) subsidiaries, while others invest in partially- 
owned subsidiaries; and: 

* diversify their subsidiaries' capabilities to increase opportunities 
to win government contracts in various industries. 

Contract Execution Issues: 

Our review of 16 large sole-source contracts awarded by 7 agencies 
found that agency officials view contracting with 8(a) ANC firms as a 
quick, easy, and legal way to award contracts while at the same time 
helping their agencies meet small business goals.[Footnote 5] 

SBA delegates the contract execution function to federal agencies, 
although SBA remains primarily responsible for implementing the 8(a) 
program. We found that contracting officials had not always complied 
with requirements to notify SBA when modifying contracts, such as 
increasing the scope of work or the dollar value, and to monitor the 
percentage of the work performed by 8(a) firms versus their 
subcontractors. For example: 

* Federal regulation requires that when 8(a) firms subcontract under an 
8(a) service contract, they incur at least 50 percent of the personnel 
costs with their own employees.[Footnote 6] The purpose of this 
provision, which limits the amount of work that can be performed by the 
subcontractor, is to insure that small businesses do not pass along the 
benefits of their contracts to their subcontractors. For the 16 files 
we reviewed, we found almost no evidence that the agencies are 
effectively monitoring compliance with this requirement. In general, 
the contracting officers we spoke with were confused about whose 
responsibility it is. 

* Agencies are also required to notify SBA of all 8(a) contract awards, 
modifications, and exercised options. We found that not all contracting 
officers were doing so. In one case, the Department of Energy 
contracting officer had broadened the scope of a contract a year after 
award, adding 10 additional lines of business that almost tripled the 
value of the contract. These changes were not coordinated with SBA. 

Two reports we recently issued further illustrate the need for 
diligence on the part of contracting officers when considering 8(a) 
awards to ANC firms. One report addressed the Army's three-phased 
approach for hiring contract security guards. In the first phase, the 
Army awarded noncompetitive 8(a) contracts to two ANC firms; these 
firms in turn subcontracted with large security guard 
companies.[Footnote 7] In the second phase, the Army obtained guards 
under full and open competition, but turned again to the 8(a) 
noncompetitive contracts for the third phase, despite knowing that it 
was paying about 25 percent more for these contracts than for the 
competitively awarded ones. The total value of the contracts with the 
ANC firms is almost $495 million, accounting for about two-thirds of 
the Army's total procurement activity for security guards. 

In response to a tip we received on our fraud hotline about potentially 
inflated prices for temporary Mississippi school classrooms after 
Hurricane Katrina, we looked into the facts and circumstances of the 
contract award.[Footnote 8] We found that the Army Corps of Engineers 
(the Corps), faced with a compressed time frame for acquiring 
classrooms and no prior knowledge about the acquisition, had turned to 
an 8(a) ANC firm. The Corps accepted the firm's proposed price of $39.5 
million, even though it had information that the cost for the 
classrooms was significantly less than what the firm was charging. 

SBA Lacks Oversight of 8(a) ANC Activity: 

SBA has not tailored its policies and practices to account for ANCs' 
unique status and growth in the 8(a) program, even though officials 
recognize that ANC firms enter into more complex business relationships 
than other 8(a) participants. SBA officials told us that they have 
faced a challenge in overseeing the activity of the 8(a) ANC firms 
because ANCs' charter under the Alaska Native Claims Settlement Act is 
not always consistent with the business development intent of the 8(a) 
program. The officials noted that the goal of ANCs--economic 
development for Alaska Natives from a community standpoint--can be in 
conflict with the primary purpose of the 8(a) program, which is 
business development for individual small, disadvantaged businesses. 

SBA's oversight has fallen short in that it does not: 

* track the business industries in which ANC subsidiaries have 8(a) 
contracts to ensure that more than one subsidiary of the same ANC is 
not generating the majority of its revenue under the same primary 
industry code; 

* consistently determine whether other small businesses are losing 
contracting opportunities when large sole-source contracts are awarded 
to 8(a) ANC firms; 

* adhere to a statutory and regulatory requirement to ascertain whether 
8(a) ANC firms, when entering the 8(a) program or for each contract 
award, have, or are likely to obtain, a substantial unfair competitive 
advantage within an industry;[Footnote 9] 

* ensure that partnerships between 8(a) ANC firms and large firms are 
functioning in the way they were intended under the 8(a) program; and: 

* maintain information on ANC 8(a) activity. 

SBA officials from the Alaska district office reported to headquarters 
in the most recent quality service review that the makeup of their 8(a) 
portfolio is challenging and requires more contracting knowledge and 
business savvy than usual because the majority of the firms they 
oversee are owned by ANCs and tribal entities. The officials commented 
that these firms tend to pursue complex business relationships and tend 
to be awarded large and often complex contracts. We found that the 
district office officials were having difficulty managing their large 
volume and the unique type of work in their 8(a) portfolio. When we 
began our review, SBA headquarters officials responsible for overseeing 
the 8(a) program did not seem aware of the growth in the ANC 8(a) 
portfolio and had not taken steps to address the increased volume of 
work in their Alaska office. 

Conclusion and Recommendations: 

ANCs are increasingly using the contracting advantages Congress has 
provided them. Our work shows that procuring agencies' contracting 
officers are in need of guidance on how to use these flexible 
contracting methods while exercising diligence to ensure that taxpayer 
dollars are spent effectively. Equally important, significant 
improvements are needed in SBA's oversight of the program. Without 
stronger oversight, there is the potential for abuse and unintended 
consequences. 

We made recommendations to SBA on actions that can be taken in revising 
its regulations and policies as well as ways to improve practices 
pertaining to its oversight of ANC 8(a) procurements. We also 
recommended that procuring agencies provide guidance to contracting 
officers to ensure proper oversight of ANC contracts. The procuring 
agencies generally agreed with the recommendation. SBA took issue with 
some aspects of the report and disagreed with several of our 
recommendations. We believe implementation of our recommendations would 
provide better oversight of ANC 8(a) activity and provide information 
that would allow decision makers to know whether the program is 
operating as intended. 

This concludes my testimony. I would be happy to answer any questions 
you may have. 

Contacts and Staff Acknowledgements: 

For further information regarding this testimony, please contact David 
E. Cooper at (202) 512-4841 or cooperd@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this statement. Key contributors were Michele Mackin, 
Sylvia Schatz, and Tatiana Winger. 

This is a work of the U.S. government and is not subject to copyright 
protection in the United States. It may be reproduced and distributed 
in its entirety without further permission from GAO. However, because 
this work may contain copyrighted images or other material, permission 
from the copyright holder may be necessary if you wish to reproduce 
this material separately. 

FOOTNOTES 

[1] Each 8(a) ANC firm must be in a different primary industry. 

[2] GAO, Contract Management: Increased Use of Alaska Native 
Corporations' Special 8(a) Provisions Calls for Tailored Oversight, GAO-
06-399, (Washington, D.C.: Apr. 27, 2006). 

[3] In this testimony, "ANC" refers to the parent corporation. The term 
"ANC firm" denotes a business owned by an ANC. We use the term "ANC 
firm" and "subsidiary" interchangeably. 

[4] There is a 9-year limit to participation in the 8(a) program; firms 
could graduate earlier if they outgrow the industry size standards. 

[5] ANC firms in the 8(a) program are deemed by law or statute as 
socially and economically disadvantaged. Awards to these firms are 
credited to agencies' small business goals. 

[6] For general construction, the 8(a) firm is required to incur at 
least 15 percent of the personnel costs. 

[7] GAO, Contract Security Guards: Army's Guard Program Requires 
Greater Oversight and Reassessment of Acquisition Approach, GAO-06-284, 
(Washington, D.C.: Apr. 3, 2006). 

[8] GAO, Hurricane Katrina: Army Corps of Engineers Contract for 
Mississippi Classrooms, GAO-06-454,(Washington, D.C.: May 1, 2006). 

[9] This requirement is set forth in the Small Business Act (15 U.S.C. 
§ 636(j)(10)(J)(ii)(II)). 

GAO's Mission: 

The Government Accountability Office, the audit, evaluation and 
investigative arm of Congress, exists to support Congress in meeting 
its constitutional responsibilities and to help improve the performance 
and accountability of the federal government for the American people. 
GAO examines the use of public funds; evaluates federal programs and 
policies; and provides analyses, recommendations, and other assistance 
to help Congress make informed oversight, policy, and funding 
decisions. GAO's commitment to good government is reflected in its core 
values of accountability, integrity, and reliability. 

Obtaining Copies of GAO Reports and Testimony: 

The fastest and easiest way to obtain copies of GAO documents at no 
cost is through GAO's Web site (www.gao.gov). Each weekday, GAO posts 
newly released reports, testimony, and correspondence on its Web site. 
To have GAO e-mail you a list of newly posted products every afternoon, 
go to www.gao.gov and select "Subscribe to Updates." 

Order by Mail or Phone: 

The first copy of each printed report is free. Additional copies are $2 
each. A check or money order should be made out to the Superintendent 
of Documents. GAO also accepts VISA and Mastercard. Orders for 100 or 
more copies mailed to a single address are discounted 25 percent. 
Orders should be sent to: 

U.S. Government Accountability Office 441 G Street NW, Room LM 
Washington, D.C. 20548: 

To order by Phone: Voice: (202) 512-6000 TDD: (202) 512-2537 Fax: (202) 
512-6061: 

To Report Fraud, Waste, and Abuse in Federal Programs: 

Contact: 

Web site: www.gao.gov/fraudnet/fraudnet.htm E-mail: fraudnet@gao.gov 
Automated answering system: (800) 424-5454 or (202) 512-7470: 

Congressional Relations: 

Gloria Jarmon, Managing Director, JarmonG@gao.gov (202) 512-4400 U.S. 
Government Accountability Office, 441 G Street NW, Room 7125 
Washington, D.C. 20548: 

Public Affairs: 

Paul Anderson, Managing Director, AndersonP1@gao.gov (202) 512-4800 
U.S. Government Accountability Office, 441 G Street NW, Room 7149 
Washington, D.C. 20548: