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Teaming With Tribally Owned 8(a) Businesses

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Presentation on theme: "Teaming With Tribally Owned 8(a) Businesses"— Presentation transcript:

1 Teaming With Tribally Owned 8(a) Businesses
US Federal Government Contracting Webinar Series Presented By: Mark Amadeo JUNE 6, 2016

2 (All Webinars are at 12pm EST & Recorded)
2016 US Federal Government Contracting Webinar Series CALENDAR OF EVENTS: (All Webinars are at 12pm EST & Recorded) JUNE 1 - Maximizing The Value of Your GovCon Business   JUNE 2 - Capture Planning - To Bid Or Not To Bid   JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable   JUNE 6 - Teaming With Tribally Owned 8(a) Businesses JUNE 7 - Color Reviews For Successful Proposals   JUNE 8 - Preparing The FSO for a DSS Audit   JUNE 9 - Life After 8(a) - Best Practices & Case Study   JUNE 10 - The Politics Of Procurement     JUNE 13 - Contract Administration - Best Practices   JUNE 14 - So You Have A Facility Clearance, Now What?   JUNE 15 - Unsolicited Proposals - Why, What & How. JUNE 17 - SBIR's - The Good, The Bad & The "How"

3 2016 US Federal Government Contracting Webinar Series
AGENDA

4 2016 US Federal Government Contracting Webinar Series
AGENDA: Introduction – HOST Introduction - GUEST Presentation Conclusions Q & A

5 2016 US Federal Government Contracting Webinar Series
INTRODUCTION Host

6 2016 US Federal Government Contracting Webinar Series
Jennifer Schaus About The Host * Approx 20 Yrs in Gov Contracting * Career: D&B (Govt Division) Federal Sales & GSA Scheds * Frequent Speaker: Chambers, NCMA, AFCEA, etc * Member: WIPG * Education: Towson University – B.A. UC Berkeley - Leadership Accelerator Cornell University - Exec Leadership

7 Jennifer Schaus & Associates
2016 US Federal Government Contracting Webinar Series Jennifer Schaus Jennifer Schaus & Associates * DC Based Consulting Firm * Over 10 Yrs in Business * Support Services for Gov Cons Proposal Writing / Contract Vehicles (GSA) Sales & Biz Dev Certifications – SBA 8(a); SDVO; etc. Events

8 2016 US Federal Government Contracting Webinar Series
INTRODUCTION Mark A. Amadeo

9 2016 US Federal Government Contracting Webinar Series
Mark A. Amadeo ABOUT OUR SPEAKER Over 20 years of experience as government counsel & law firm counsel Before starting boutique law firm, was a partner at DC law firm LL.M. Georgetown University Law Center; J.D. University of Wisconsin Law School; B.A. Boston College Member of several business, government contracting & technology groups in DC, Maryland & Virginia

10 2016 US Federal Government Contracting Webinar Series
Mark Amadeo Amadeo Law Firm, PLLC Offices in DC, Bethesda & Frederick Litigation background helps avoid pitfalls Focus on Government Contracting & Technology Government Contracts Review/negotiation: FAR/DFARS compliance Pre & Post Award Teaming: JV’s & Subcontracts Technology: IP preservation & commercialization

11 Teaming With Tribally Owned 8(a) Businesses
2016 US Federal Government Contracting Webinar Series PRESENTATION Teaming With Tribally Owned 8(a) Businesses

12 2016 US Federal Government Contracting Webinar Series
GAO Statistics Federal dollars obligated to Tribal 8(a)’s 2005: $2.1 billion 2010: $5.5 billion Tribal 8(a)’s were only 6.2% of 8(a) companies, but accounted for almost one third of 8(a) obligations in 2010

13 2016 US Federal Government Contracting Webinar Series
Distinction 8(a) businesses owned by Native American individuals 8(a) businesses owned by Native American tribes

14 Tribally-Owned Concern (TOC)
2016 US Federal Government Contracting Webinar Series Tribally-Owned Concern (TOC) 51% owned by Indian Tribe Directly Through Wholly Owned Entity Corporate Entities 51% voting stock 51% all classes Non-Corporate Entities 51% interest

15 Must Meet 8(a) Requirements
2016 US Federal Government Contracting Webinar Series Must Meet 8(a) Requirements Small Unconditionally Owned and Controlled Tribe must be socially, economically disadvantaged Demonstrated potential for success

16 Unique Application of Requirements To 8(a) TOC’s
2016 US Federal Government Contracting Webinar Series Unique Application of Requirements To 8(a) TOC’s Small For purposes of 8(a) Program, broad affiliation exception: no affiliation among Tribally-owned entities (unless creates substantial unfair competitive advantage). Outside the 8(a) Program – e.g., small business set asides – limited exception: no affiliation based on common ownership or common management, or performance of common administrative services.

17 Unique Application of Requirements To 8(a) TOC’s
2016 US Federal Government Contracting Webinar Series Unique Application of Requirements To 8(a) TOC’s Ownership Tribes may own unlimited number of 8(a)’s not in primary line of business as an 8(a) applicant or of 8(a)’s with a secondary line of business that is the same as the 8(a) applicant’s primary line of business Tribes may own up to 50% of another 8(a) that is in the same primary line of business as 8(a) applicant

18 Unique Application of Requirements To 8(a) TOC’s
2016 US Federal Government Contracting Webinar Series Unique Application of Requirements To 8(a) TOC’s Potential For Success In operation for two years or Managers have substantial technical experience, TOC has record of successful government or nongovernment contract performance, & TOC has adequate capital Written commitment of support from Tribe

19 For 8(a) TOC’s & Teaming Partners
2016 US Federal Government Contracting Webinar Series Unique Opportunities For 8(a) TOC’s & Teaming Partners Sole Source Awards of Unlimited Value No Protests Based on Participant Eligibility 8(a) TOC’s eligible for direct outsourcing without study or cost comparison

20 For 8(a) TOC’s & Teaming Partners
2016 US Federal Government Contracting Webinar Series Unique Benefits For 8(a) TOC’s & Teaming Partners Prime Contractors – SB/SDB subcontracting goal credit regardless of 8(a) TOC size DoD – 5% compensation rebate Benefits of large business resources

21 Example of Organizational Structure
2016 US Federal Government Contracting Webinar Series Example of Organizational Structure Tribe Holding Company 8(a) TOC Logistics Real Estate 8(a) TOC IT Construction

22 SBA’s Proposed Changes
2016 US Federal Government Contracting Webinar Series SBA’s Proposed Changes Common Administrative Services Clarification of limitations on day-to-day managers of multiple Tribal 8(a)’s

23 2016 US Federal Government Contracting Webinar Series
CONCLUSIONS

24 CONCLUSIONS 2016 US Federal Government Contracting Webinar Series
Unique Small Business Contracting Opportunities For Tribally Owned 8(a)’s & Their Teaming Partners Potential for large sole-source awards Rare opportunity for subsidiary of a large business Access to “large business” type network & resources

25 2016 US Federal Government Contracting Webinar Series
Q & A

26 ------------------------------
CONTACT DETAILS Ms. Jennifer L. Schaus Washington DC – – Mr. Mark A. Amadeo Washington, DC (202)

27 (All Webinars are at 12pm EST & Recorded)
2016 US Federal Government Contracting Webinar Series CALENDAR OF EVENTS: (All Webinars are at 12pm EST & Recorded) JUNE 1 - Maximizing The Value of Your GovCon Business   JUNE 2 - Capture Planning - To Bid Or Not To Bid   JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable   JUNE 6 - Teaming With Tribally Owned 8(a) Businesses JUNE 7 - Color Reviews For Successful Proposals   JUNE 8 - Preparing The FSO for a DSS Audit   JUNE 9 - Life After 8(a) - Best Practices & Case Study   JUNE 10 - The Politics Of Procurement     JUNE 13 - Contract Administration - Best Practices   JUNE 14 - So You Have A Facility Clearance, Now What?   JUNE 15 - Unsolicited Proposals - Why, What & How. JUNE 17 - SBIR's - The Good, The Bad & The "How"

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