TRIBAL 8(a) ADVANTAGE
WORKING WITH A NATIVE AMERICAN CORPORATION
Potawatomi Business Development Corporation is a 100% tribally-owned small business of the Forest County Potawatomi Tribe of Wisconsin. The Forest County Potawatomi Community wholly-owns a family of companies, whose core capabilities include providing professional technical services to our Federal clients.
This allows the U.S. Federal Government the opportunity to ensure success is guaranteed and not delayed due to solicitation protests. This acquisition strategy can save time and ultimately money with little to no gap in operational capacity.
LEVERAGING A TRIBALLY-OWNED BUSINESS:
- NACs are always considered Small Disadvantaged Businesses (SDBs)
- NACs can receive sole source contracts in excess of $4.5M (13CFR124.506(b))
- Sole source contracts below $22M do not require a J&A per Section 811
- Awards cannot be protested (13CFR124.517(a))
- NACs can have direct negotiations with the Government (13CFR124.503(c)(2))
SISTER SUBSIDIARY PERFORMANCE UTILIZATION (GOA RULINGS)
- Past Performance of a parent or affiliated company can be attributed to the offeror where the proposal demonstrates that the resources of the parent or affiliated company will affect the performance of the offeror.
- The proposal must demonstrate that the workforce, management, facilities, or other resources of the affiliate may affect contract performance by the offeror including a commitment to make key personnel available for the project.
- The proposal may also show a commitment by the parent organization to provide sufficient financial resources to the project.
INDIAN INCENTIVE PROGRAM (25 U.S.C. § 1544)
- 5% payment of the amount subcontracted to tribal firms.
- The Indian Incentive Program, based on Section 504 of the Indian Financing Act of 1974 (25 U.S.C. § 1544), provides for the payment of 5% of the amount subcontracted to the Tribally-owned organization, when authorized under the terms of the contract.
- DoD contracts with prime contractors that contain FAR 52.226-1, Utilization of Indian Organizations and Indian-Owned Economic Enterprises, are eligible for these incentive payments so long as the prime contract amount is over $500,000 and involves the expenditure of appropriated funds.