1. TIGUA, INC Tribally-Owned 8(a)
Mission Success – Tribal Prosperity
Contracting with a Tribal Company
TIGUA, INC Tribally-Owned 8(a)

2. Definitions - 25 U.S.C 450b
25 U.S.C. 450b “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act(85 Stat. 688) [43 U.S.C 1601 et seq. 1], which is recognized as eligible for the special programs and services provided by the United States to Indians because of the status as Indians.
“tribal organization” means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, that in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant
TIGUA, INC

3. Definitions - SBA
The term “qualified Indian tribe” means an Indian tribe as defined in section 4(a) of the Indian Self-Determination and Education Assistance Act, which owns and controls 100 per centum of a small business concern.
A Tribal Owned small business concern is one:
Wholly owned by 1 or more Indian tribal governments, or by a corporation that is wholly owned by 1 or more Indian tribal governments; or
Owned in part by 1 or more Indian tribal governments, or by a corporation that is wholly owned by 1 or more Indian tribal governments, if all other owners are either United States citizens or small business concerns
TIGUA, INC

4. Why Unique Rights
Indian reservations and Alaska Native villages suffer from some of the worst poverty in this country, with unemployment levels in excess of 60%. For example, a recent federal study found that the area of the country with the lowest life expectancy in the country was not an urban ghetto but an Indian reservation. Because of the lack of resources, there is little individual entrepreneurship on reservations.
Instead, the Indian tribal governments and Alaska Native Corporations (the Alaska equivalent of tribes) have the primary responsibility for promoting economic development.
On the premise that it is both appropriate and necessary to use the Federal government’s massive procurement activity to help jump-start reservation economies.
Congress has given tribes and Alaska Native Corporations (ANCs) unique rights in the Federal procurement process. These rights provide the Federal agencies and federal contractors with strong incentives to contract with tribal and ANC firms.
All of these special provisions are contingent upon the tribal and ANC-owned firms providing quality services and supplies to the Federal agencies and performing 51% of the labor hours with their own direct labor
TIGUA, INC

5. Tribal 8(A) Program
Tribal 8(a)s eligible for sole source awards of unlimited value (13 CFR (b))
A Participant concern owned and controlled by an Indian Tribe or an ANC may be awarded a sole source 8(a) contract where the anticipated value of the procurement exceeds the applicable competitive threshold if SBA has not accepted the requirement into the 8(a) BD program as a competitive procurement.
Acquisitions up to $20M can be done without justification & approval required by FAR 6-303, 6-304
Award cannot be protested (13 CFR )
The eligibility of a Participant for a direct negotiated or competitive 8(a) requirement may not be challenged by another participant or any other party, either to SBA or any administrative forum as part of a bid or other contract protests.
Direct negotiation with Tribal Company
SDB & Native American Credits
Federal Agencies contracting to Tribal Company are able to claim Small Disadvantaged Business (SDB) and Native American credits (FAR 13 CFR (a)(4))
Tribal 8(a)s are eligible for direct outsourcing of non-inherently governmental services or functions under OMB circular A76 without study or cost comparison (Public Law (Defense Appropriations Act FY2002), Sec. 8014)
TIGUA, INC

6. Benefits for Client Government Prime Contractors TIGUA, INC
Sole source
Reduces workload demand on Government contracting and customer resources otherwise required by full acquisition process, especially if large number of proposals
Allows limited Government contracting resources to focus on large acquisitions
Allows Government to negotiate to a Government-budgeted number
Meet small business goals (e.g., SB, SDB, 8(a), Hub Zone)
Small tribal companies positioned for success – backed by tribe or parent corporation
Prime Contractors
Earn SB/SDB credit for subcontracting goals regardless of Tribal Company’s size or business classification ( (d)(1)(i))
Assured credit during contract duration -- can’t “outgrow” status
Large business capability for small business credit
5% DoD Rebate
A contractor of a Federal agency under any Act of Congress may be allowed an additional amount of compensation equal to 5 percent  of the amount paid to a subcontractor or supplier that is an Indian organization or Indian owned economical enterprise (DFAR )
Strategic partnership affords access to small business market
TIGUA, INC

7. Benefits for Tribe
Contract revenues support tribal economic and community development
Tribes are socioeconomically disadvantaged -- lag behind US in poverty, unemployment, housing shortages and other critical social characteristics
Profits aid tribal members
Health and welfare
Education and training opportunities
Housing
Employment
Contracts can provide job opportunities to tribal members and their decedents
Many tribal members have served in our Armed Forces
Develop capabilities that transfer to commercial opportunities
Subcontract to individual Native American owned companies
TIGUA, INC

8. Built for Success – Tribal Structure
Alaska Native companies developed for business success
Regional corporations developed and trained in a business structure
Regional Corporation Board of Directors
Government companies developed Board of Directors
Act as a business not a Government
Tribes are a government structure not a business structure
Tribal Government structure to provide for welfare of all tribal members
Provide inherently government services to members
Successful tribal companies
Separate business operations from government process
Develop a Board of Directors appointed by Tribal Council but operate independently
Have separate funding and accounting from the Tribe
Develop business codes within the Tribe
Tribal company pays dividends to Tribal Government
Clear objectives for business growth
Ability to secure bonding outside of the Tribal Government
TIGUA, INC

9. Tribal Sovereign Immunity
What is it?
Tribal sovereignty refers to inherent authority of indigenous tribes to govern themselves within the borders of US. The federal government recognizes tribal nation as “domestic dependent nations”
Sovereign Immunity states an Indian tribe is not subject to suit in a state court - even for breach of contract involving off-reservation commercial conduct
564 federally recognized Indian tribes
Why is this important?
There is not Sovereign Immunity when contracted directly with federal government.
This would be an issue when Tribe is subcontracted or Tribe has a subcontractor.
Consider Limited Waiver Of Sovereign Immunity
What is Limited Waiver of Sovereign Immunity?
Allows Tribal Company to waive Sovereign Immunity for specific contract or relationship
Puts Tribal Company and partner company on equal footing with regards to dispute resolution -- allows for either a lawsuit in state courts or for binding arbitration
TIGUA, INC

10. EXAMPLE OF STRUCTURE -TIGUA
Tigua Inc
John Baily
Tigua Capital
Investment Company/Real Estate
Tigua Technology Services
Small Business IT
Comm
Security Systems
Tigua Construction
Construction
Asphalt/Paving
Facility Renovation
Tigua Transportation
Fuels
Supply
Warehouse
Tigua Enterprises
8(a) SDB
Facility O&M
Grounds
Custodial
TIGUA, INC

11. Tribal Overview - Tigua
Ysleta del Sur Pueblo (Tigua Indians), >1600 tribal members
Located in El Paso, TX, area since 1680
Federally recognized in 1987
Employ separated model with established boundaries between tribal politics and business
Governance: Tribal Council; Tribal Government
Business: Board of Directors; Tigua Inc. (holding company)
Tribal sovereignty can be waived for contract T&Cs
TIGUA, INC

12. Services Public Works/Civil Engineering
Logistics/Supply/Warehouse/Transportation
Housing
Minor Construction
Environmental
IT/Communications/Security Systems
Law Enforcement/Security Services
Fire Protection
Emergency Management
Health
Product Supplies
TIGUA, INC

13. Experience First Hand Reach Back Corporate Management TIGUA, INC
Facility maintenance and renovation
Asphalt and road projects
Landscaping IT
Supply/Warehouse/Transportation
Product supplier (fuels, lubricants, comm/data components)
Reach Back
Full support and backing of Tribal Government departments
Maintenance and Environmental
Housing
Management of Information Systems
Law Enforcement
Health and Human Services (Medical Clinic and Daycare)
Emergency Management and Fire Protection
Recreation and Wellness Center
Business units share tribal bond with Government departments
Direct, immediate access to staff and their expertise
Benefit from each other’s services
Ex: Maintenance Dep’t provided on-site help to move two modular buildings at Ft Bliss
Corporate Management
Various service contracts up to $60M
Federal Government clients (Army, Air Force, Navy, GSA, NOAA, NASA)
Managing large and small business subcontractors
TIGUA, INC

14. Contact Info
Primary
Name: John Baily
Title: CEO
Office Phone: (915)
Cell Phone: (915)
Alternate
Name: Doug Creighton
Title: Director, Business Development
Office Phone: (915)
Cell Phone: (915)
TIGUA, INC