Is this a bundling issue or simply consolidating requirements? Under the small business program, are all Alaskan Native Corporations (ANC) considered to be small businesses? In other words, if I make an ANC award for $20M is that considered to be a small business award because they are an ANC; thus leaving this procurement in the small business arena?
This is not considered bundling. According to the definition provided at FAR 2.101, “Bundling means –
(1) Consolidating two or more requirements for supplies or services, previously provided or performed under separate smaller contracts, into a solicitation for a single contract that is likely to be unsuitable for award to a small business concern……”.
Alaskan Native Corporations (ANCs) are economically disadvantaged under 43.U.S.C. 1626(e) (https://www.sba.gov/sites/default/files/files/ANC FAQ_final.pdf) A small business concern owned and controlled for profit by an ANC is considered a small business under the Small Business Administration 8(a) program. Therefore, an award to an ANC is an SBA 8(a) program award. Also, ANC contract awards of less than $22 million do not require sole source Justification and Approval (J&A) in accordance with FAR 19.808-1 and 6.303-1.
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