No problem:
They can certainly sue..., others have in the past. The Small Business Agency has a program to benefit Native Alaskan Firms which allows the Federal Government to sole source contract awards to Native Alaskan companies- the program was created after they sued the feds in court and won, based on treaty violations. The court told the government to come up with some sort of "reparations." Thus the creation of this program.
It has been greatly abused and Congress has passed some laws to tighten it up.