Piliero Mazza &
Pargament, PLLC


Vol. 2, Issue 6
June 2000


Addressing Tribal and Alaska Native Corporation
Legal and Business Issues


The articles shown here
are excerpts --
if you'd like to subscribe
to Tribal Advocate, please
contact Susan Brock at
(202) 857-1000 or at



A R T I C L E S


GOVERNMENT CONTRACTING
A-76 Contracting Opportunities
for Tribes and ANCs




LITIGATION
Suit Challenges Constitutionality of Direct Conversions Exception to A-76 Cost Comparison Analysis



INDIAN HOUSING
Proposed Revisions to Cost and Design Limitations Applicable to the Indian Housing Block Grant Program



TRIBAL LAND
Land Issues: Reservation vs. Trust Status - Part 2



ASK THE ADVOCATE
Trademark/Copyright Issues: Time Is of the Essence




H O M E


P U B L I C A T I O N S




GOVERNMENT CONTRACTING

A-76 Contracting Opportunities for Tribes and ANCs

This article follows the Ask the Advocate section in the May issue of the Tribal Advocate which generally discussed outsourcing opportunities for Tribes and ANCs.

The FAIR Act and Circular A-76

The Federal Activities Inventory Reform Act of 1998, commonly referred to as the FAIR Act, is creating many new opportunities for government contractors. The FAIR Act requires that all federal agencies submit annual reports to Congress and make available to the public an inventory of commercial activities to determine whether they should be performed by the Government or contractors. Executive agencies began complying with the law in 1999 and published commercial activities inventories which may be the subject of competitions in accordance with Office of Management and Budget ("OMB") Circular A-76. The Department of Defense ("DoD"), for example, identified approximately 504,000 civilian full-time equivalent positions that cover a wide array of commercial activities. Of these civilian positions, approximately 308,000 have been identified as potential candidates for competition under the Circular. Given the large number of contracting opportunities that have been identified, contractors should have a general understanding of how A-76 cost comparison competitions are conducted.




LITIGATION

Suit Challenges Constitutionality of Direct Coversions Exception to A-76 Cost Comparison Analysis


On May 1, 2000, the American Federation of Government Employees, AFL-CIO ("AFGE") filed a complaint against the U.S. Air Force ("USAF") in connection with the proposed direct conversion of a civil engineering (base maintenance functions) contract at Kirtland Air Force Base ("Kirtland") for award to a subsidiary of Chugach Alaska Corporation ("Chugach"). This suit was filed in the U.S. District Court for the District of Columbia seeking a declaration that Section 8014 of the Department of Defense Appropriations Act is unconstitutional and a preliminary injunction against the USAF enjoining it from authorizing any direct conversions pursuant to this provision.

BACK TO TOP



INDIAN HOUSING

Proposed Revisions to Cost and Design Limitations Applicable to the Indian Housing Block Grant Program


The cost limitations currently in effect for funds distributed through the Indian Housing Block Grant Program ("IHBGP") and the Native American Housing Assistance and Self-Determination Act ("NAHASDA") are based upon the Total Development Cost ("TDC") limits applied through the United States Housing Act of 1937, but only limit the hard costs of construction, instead of the hard and soft costs limited under the TDC formula. These cost limitations were designed in an effort to maintain tribal flexibility in dealing with unusual site cost issues that occasionally arise. However, in its implementation, this formula has actually acted as a barrier to tribes, as many tribes had actually used a part of the soft cost allocation for the actual construction. Therefore, when the cost limits included money for only the hard costs, tribes were finding these limits to be inadequate.

BACK TO TOP


TRIBAL LAND

Land Issues: Reservation vs. Trust Status - Part 2

The following is a continuation of the article in last month's issue of the Tribal Advocate discussing the reasons why tribes may want to consider having land that is held in trust by the United States proclaimed reservation land. This article discusses the procedure for having trust land added to existing reservation land or designated a new reservation through federal proclamation.

While such a proclamation can sometimes be accomplished through legislation, the more common method is through a process administered by the Bureau of Indian Affairs ("BIA"). Only lands held in trust may be proclaimed reservation land.

BACK TO TOP


ASK THE ADVOCATE

Trademark/Copyright Issues: Time Is of the Essence

The Tribal Advocate recently received an inquiry from a reader asking whether there are any time limitations for contesting the unauthorized use of its registered tribal logo by a local business. As discussed below, although there are no specific time limits, it is important that such issues be promptly addressed so that the Tribe's trademark rights are preserved.

Whenever a potential infringement of a registered trademark or copyright occurs, it is imperative that the owner take immediate action to preserve its rights. If the owner delays in taking action it may present the infringing party with defenses that would excuse its unauthorized use of the protected property. These defenses are commonly referred to as "estoppel" and "waiver/abandonment" defenses. Copyright/trademark infringers may argue that the owner is estopped from asserting a copyright or trademark infringement claim if the owner acquiesced in the infringer's use and the infringer relied on this acquiescence in its use of the protected materials.

BACK TO TOP

BACK TO TOP


888 17th Street, NW
Suite 1100
Washington DC 20006
202.857.1000
202.857.0200 Fax


Legal Notice