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Indian Country Business Summit Lawton, OK – August 23-25, 2009 Gary Wade 202-208-3493.

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Presentation on theme: "Indian Country Business Summit Lawton, OK – August 23-25, 2009 Gary Wade 202-208-3493."— Presentation transcript:

1 Indian Country Business Summit Lawton, OK – August 23-25, 2009 Gary Wade

2 Interiors Mission … to protect and provide access to our Nations natural and cultural heritage and honor our trust responsibilities to Indian Tribes and our commitments to island communities. Interior has established five goals to encompass these responsibilities. RESOURCE PROTECTION: Protect the Nation's Natural, Cultural, and Heritage Resources. RESOURCE USE: Manage Resources to Promote Responsible Use and Sustain a Dynamic Economy. RECREATION: Provide recreation opportunities for America. SERVING COMMUNITIES: Safeguard lives, property and assets, advance scientific knowledge, and improve the quality of life for communities we serve. MANAGEMENT EXCELLENCE: Manage the Department to be highly skilled, accountable, modern, functionally integrated, citizen-centered and results-oriented.

3 Interior is comprised of nine essential bureaus, each decentralized with regional procurement offices throughout the U.S. to better serve the American people and its mission. Bureau of Indian Affairs Bureau of Land Management Bureau of Reclamation U.S. Fish & Wildlife Service Minerals Management Service National Business Center National Park Service Office of Surface Mining U.S. Geological Survey

4 Is responsible for implementing departmental policy and managing programs and initiatives that are related to the Small Business Act, as amended, and other programs under the Small Business Programs. OSDBU is NOT a contracting office but a policy office. The office does participate in outreach events for small businesses on how to market the federal government but mainly deals with policy and new regulations for the contracting community at Interior.

5 Interior FY Trends for Awards to Small Business

6 What did DOI Buy in 09 ? NAICSNAICS Code DescriptionTotal Dollars OTHER HEAVY & CIVIL ENGINEERING CONSTRUCTION……………..$187,867, ENGINEERING SERVICES…………………………………………………….$129,201, OTHER COMPUTER RELATED SERVICES…………………………………$97,887, COMPUTER SYSTEMS DESIGN SERVICES…………………………………$83,122, OTHER SCIENTIFIC & TECHNICAL CONSULTING SERVICES ………….$65,739, OUTPATIENT MENTAL HEALTH & SUBSTANCE ABUSE CENTERS…..$64,190, ADMIN. MGT. & GENERAL MGT. CONSULTING SERVICES …$63,088, COMPUTER & SOFTWARE STORES………………………………………..$59,230, CUSTOM COMPUTER PROGRAMMING SERVICES……………………..$58,242, ELECTRONIC COMPUTER MANUFACTURING………………………….$55,319, Top Ten Procurement Awards

7 What did DOI Buy in OK in 09? Top Ten Procurement Awards OKLAHOMA AWARDS - Total …….$16,303,618 NAICSNAICS DescriptionDollars Obligated SUPPORT ACTIVITIES FOR ANIMAL PRODUCTION$6,068, TRUSTS, ESTATES, AND AGENCY ACCOUNTS$2,997, ELECTRIC POWER DISTRIBUTION$347, PREFABRICATED WOOD BUILDING MANUFACTURING$336, NATURAL GAS LIQUID EXTRACTION$300, OTHER COMPUTER RELATED SERVICES$281, ROOFING CONTRACTORS$267, ENVIRONMENTAL CONSULTING SERVICES$248, PETROLEUM BULK STATIONS AND TERMINALS$232, OFFICE FURNITURE (EXCEPT WOOD) MANUFACTURING$194,524

8 What did DOI Buy in TX in 09 ? Top Ten Procurement Awards TEXAS AWARDS - Total …….$54,723,322 NAICSNAICS DescriptionDollars Obligated ELECTRONIC COMPUTER MANUFACTURING$13,478, R&D PHYSICAL, ENGINEERING, AND LIFE SCIENCES$7,016, COMPUTER FACILITIES MANAGEMENT SERVICES$6,761, NONSCHEDULED CHARTERED PASSENGER AIR TRANSP.$5,549, CRUDE PETROLEUM AND NATURAL GAS EXTRACTION$3,112, NATURAL GAS LIQUID EXTRACTION$2,755, PIPELINE TRANSPORTATION OF CRUDE OIL$1,790, SEARCH, DETECTION, NAVIGATION, GUIDANCE, AERONAUTICAL$1,475, SUPPORT ACTIVITIES FOR OIL AND GAS OPERATIONS$1,018, ADMIN. MGT. & GENERAL MGT. CONSULTING SERVICES$870,502

9 How to Market Interior The best and most productive marketing approach for a small business is to "Do It Yourself." Do not depend on the Govt or others to locate contracting opportunities for you. Prepare detailed capability statements/brochures for distribution to agencies (include NAICS codes). Do Not If you have multiple skills, market those of which a particular agency buys the most (Do Not market all at once).

10 Know Who You Are Talking Too! Become thoroughly familiar with the Federal agencies, their components, their missions, and how they operate. Research their websites and then… Ask yourself: How does my Company fit in.

11 Time to Reach Out and Make Contact Small Business Specialist After identifying requirements of those bureaus you wish to market, you should coordinate with their Small Business Specialist which is usually a contracting person. Each bureau has a designated Headquarters Small Business Specialist and subsequent field office Small Business Specialists. For a complete list of our Nationwide Small Business Specialists, visit our website: and click on Small Business Specialist.

12 Visit : and click on: FORECAST of Procurement Opportunities DOI Forecast of Procurement Opportunities Welcome... To Interior's Forecast of Fiscal Year Acquisitions This forecast of contracting opportunities is a collection of Interiors bureaus and office acquisition plans for the fiscal year. Select the Create Report to browse acquisition forecasts. You may select forecasts by state, year and quarter of solicitation, year and quarter of award, proposed preference program, and NAIC code. Please select at least one query criteria, otherwise all records will be selected.

13 DOI Forecast of Procurement Opportunities

14

15 Interior Department Electronic Acquisition System – Electronic Commerce http//ideasec.nbc.gov

16 American Recovery and Reinvestment Act of 2009 $3 billion $490 The Recovery Act has appropriated $3 billion to Interior and $490 million appropriated to the Department of Transportation for Interior roads. The Recovery Act funding will be used for projects in parks, refuges, and public lands; to improve conditions in Indian Country; to strengthen the Departments scientific infrastructure; and for water projects throughout the western states.

17 For Interior, the Act provides… $1 Bureau of Reclamation: $1 billion to fund authorized water reuse and rural water construction projects. Funds will be used to promote water conservation, improve water management, and address an aging water infrastructure. $320 Bureau of Land Management: $320 million, of which; $15 - $15 million is for wildland fire management to eliminate underbrush and other vegetation in fire-prone areas in order to reduce the threat and potential severity of fire, $125 - $125 million is to maintain and restore facilities and lands, remediate abandoned mines and wells, and $180 - $180 million is for construction projects to repair roads, bridges, trails, property, and facilities and for energy efficient retrofits of existing facilities.

18 For Interior, the Act provides… (Continued) $140 U.S. Geological Survey: $140 million to restore and rehabilitate laboratories and research facilities, equipment replacement and upgrades for streamgages, seismic and volcano monitoring systems, national map activities, and other critical deferred maintenance and improvement projects. $280 U.S. Fish and Wildlife Service: $280 million of which; -$165 -$165 million for deferred maintenance and high-priority habitat restoration projects on national wildlife refuges and national fish hatcheries, and $115 - $115 million to reconstruct and repair roads, bridges, property and facilities and to improve energy efficiency and renewable energy use on refuges and other FWS facilities.

19 For Interior, the Act provides… (Continued) $750 National Park Service: $750 million to help preserve and protect iconic and historic facilities and landscapes in our national parks. This includes; -$146 -$146 million for deferred maintenance of facilities and trails and other critical repair and rehabilitation projects in national parks, and $589 - $589 million for construction projects in national parks to repair roads, construct facilities, including energy efficient retrofits of existing facilities, replace equipment, preserve historic resources, clean up abandoned mines, and make other improvements to critical infrastructure.

20 For Interior, the Act provides… (Continued) $500 Bureau of Indian Affairs: $500 million to improve Indian housing, repair and restore roads, and replace and improve Indian schools that serve 44,000 Indian children. This includes: -$40 -$40 million for workforce training programs and housing improvements, and -$450 -$450 million for construction projects to repair roads, replace and repair schools, and maintain and repair detention facilities. Office of Inspector General: $15 million for the oversight and audit of programs, grants, contracts, and projects funded in the Recovery Act. The OIG created the Recovery Oversight Office (ROO) to ensure accountability of funds received by Interior under the American Recovery and Reinvestment Act of 2009.

21 Department of the Interior Recovery Investments Website:http://recovery.doi.gov/ Website: At this website, you can select a state and it will give you a listing of proposed projects for that state and an overview of the monies slated for that state and how much each bureau has for funding recovery investment projects.

22 FedBizOpps (www.fbo.gov) the single government point-of-entry for Federal Business Opportunities. Daily visits are recommended. Pursuing Recovery Act Projects or Regular Contract Opportunities? As a REMINDER, everyone needs to visit…

23 QUESTIONS?

24 PARTNERING WITH BIA AND TRIBAL GOVERNMENTS Jocelyn LittleChief ICBS Lawton, OK August 2009 Jocelyn LittleChief ICBS Lawton, OK August 2009

25 STRUCTURE OF BIA TWELVE REGIONAL OFFICES EACH REGIONAL OFFICE HAS VARIOUS AGENCIES UNDER ITS JURSIDICTION TWELVE REGIONAL OFFICES EACH REGIONAL OFFICE HAS VARIOUS AGENCIES UNDER ITS JURSIDICTION

26 STRUCTURE OF BIA SOUTHERN PLAINS REGIONAL OFFICE ANADARKO, OK SERVES 25 TRIBES EASTERN OKLAHOMA REGIONAL OFFICE MUSKOGEE, OK SERVES 23 TRIBES SOUTHERN PLAINS REGIONAL OFFICE ANADARKO, OK SERVES 25 TRIBES EASTERN OKLAHOMA REGIONAL OFFICE MUSKOGEE, OK SERVES 23 TRIBES

27 BIA RESPONSIBILITY BIA IS RESPONSIBLE FOR; ADMINISTRATION OF FEDERAL PROGRAMS, AND FOR PROMOTING INDIAN SELF- DETERMINATION BIA IS RESPONSIBLE FOR; ADMINISTRATION OF FEDERAL PROGRAMS, AND FOR PROMOTING INDIAN SELF- DETERMINATION

28 INDIAN SELF DETERMINATION ACT 1975 Indian Self-Determination and Education Assistance Act (PL ) Gives Indian Tribes/Alaskan Natives the authority to contract with the Government, services, functions or activities administered by DOI/BIA that are not considered to be inherently federal activities Indian Self-Determination and Education Assistance Act (PL ) Gives Indian Tribes/Alaskan Natives the authority to contract with the Government, services, functions or activities administered by DOI/BIA that are not considered to be inherently federal activities.

29 BUY INDIAN ACT AUTHORITY Act of June 25, 1910 (25 U.S.C. 47) Commonly referred to as the Buy Indian Act 41 U.S.C. 253(c)(5) Which permits negotiation of contracts when authorized or required by statute. Act of June 25, 1910 (25 U.S.C. 47) Commonly referred to as the Buy Indian Act 41 U.S.C. 253(c)(5) Which permits negotiation of contracts when authorized or required by statute.

30 BUY INDIAN ACT HISTORY Oldest of the Indian Preference laws on the books, adopted in 1910 Applies to BIA and IHS Applies to direct contracts let by these two agencies Oldest of the Indian Preference laws on the books, adopted in 1910 Applies to BIA and IHS Applies to direct contracts let by these two agencies

31 BUY INDIAN ACT ANDRUS VS. GLOVER 1980 US Supreme Court ruled BIA could not use the Buy Indian Act on road construction projects and, by implication, on any other kind of construction Court held that Congress had implicitly release the application of the Buy Indian Act to construction when it enacted the Federal Property and Administrative Services Act of US Supreme Court ruled BIA could not use the Buy Indian Act on road construction projects and, by implication, on any other kind of construction Court held that Congress had implicitly release the application of the Buy Indian Act to construction when it enacted the Federal Property and Administrative Services Act of 1983.

32 BUY INDIAN ACT ANDRUS VS. GLOVER Recent Laws have had the effect of correcting most of the damage done by Glover First step when congress enacted the Surface Transportation Assistance Act of 1982 (STAA) When authorizing these funds, Congress specifically provided that Buy Indian applied to construction contracts let with these funds. Recent Laws have had the effect of correcting most of the damage done by Glover First step when congress enacted the Surface Transportation Assistance Act of 1982 (STAA) When authorizing these funds, Congress specifically provided that Buy Indian applied to construction contracts let with these funds.

33 BUY INDIAN ACT ANDRUS VS. GLOVER All BIA road construction projects are now funded with funds from STAA, so all BIA road contracts are now to be let pursuant to Buy Indian. With the exception of Oklahoma. All BIA road construction projects are now funded with funds from STAA, so all BIA road contracts are now to be let pursuant to Buy Indian. With the exception of Oklahoma.

34 BUY INDIAN ACT ANDRUS VS. GLOVER Justice Department went to the Oklahoma Federal District Court, that had issued the original injunction against the BIA in the Glover case. Justice asked court to remove the injunction in light of the provisions in the STAA Justice Department went to the Oklahoma Federal District Court, that had issued the original injunction against the BIA in the Glover case. Justice asked court to remove the injunction in light of the provisions in the STAA

35 BUY INDIAN ACT ANDRUS VS. GLOVER Oklahoma Federal District Court did so only partially. It held that STAA Buy Indian provision applied only to reservation roads Since Oklahoma has no reservations, it does not apply Oklahoma Federal District Court did so only partially. It held that STAA Buy Indian provision applied only to reservation roads Since Oklahoma has no reservations, it does not apply

36 P.L ACT Section 7(b) states: Any contract, subcontract, grant or subgrant pursuant to this Act or any other Act authorizing federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible; Section 7(b) states: Any contract, subcontract, grant or subgrant pursuant to this Act or any other Act authorizing federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible;

37 P.L ACT Preferences and opportunities for training and employment shall be given to Indians Preferences in the award of subcontracts and subgrants shall be given to Indian organizations and to Indian-owned economic enterprises Preferences and opportunities for training and employment shall be given to Indians Preferences in the award of subcontracts and subgrants shall be given to Indian organizations and to Indian-owned economic enterprises

38 P.L ACT 7(b) has been interpreted by the courts and the federal agencies to require preference to the greatest extent feasible, in contracting and subcontracting on (1) all federally-funded prime contracts for the benefit of Indian (2) all subcontracts on direct federal and federally funded (3) preference in employment on all contracts where the contract is for the benefit of Indians 7(b) has been interpreted by the courts and the federal agencies to require preference to the greatest extent feasible, in contracting and subcontracting on (1) all federally-funded prime contracts for the benefit of Indian (2) all subcontracts on direct federal and federally funded (3) preference in employment on all contracts where the contract is for the benefit of Indians

39 QUESTIONS ?


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