FEDERAL Govt Contracting - Teaming With Tribally Owned 8a Firms

Teaming With Tribally Owned 8(a) Businesses

US Federal Government Contracting Webinar Series - 2016 Presented By: Mark Amadeo JUNE 6, 2016

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 https://attendee.gotowebinar.com/register/74156936435694851

JUNE 2 - Capture Planning - To Bid Or Not To Bid https://attendee.gotowebinar.com/register/7051206926535220483

JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable https://attendee.gotowebinar.com/register/7352313683359938307

JUNE 6 - Teaming With Tribally Owned 8(a) Businesses https://attendee.gotowebinar.com/register/4324839202604449539

JUNE 7 - Color Reviews For Successful Proposals https://attendee.gotowebinar.com/register/3973323136181419267

JUNE 8 - Preparing The FSO for a DSS Audit https://attendee.gotowebinar.com/register/423786240906737667

JUNE 9 - Life After 8(a) - Best Practices & Case Study https://attendee.gotowebinar.com/register/6473232146721067779

JUNE 10 - The Politics Of Procurement https://attendee.gotowebinar.com/register/3924758807094447107

JUNE 13 - Contract Administration - Best Practices https://attendee.gotowebinar.com/register/2132047978959217667

JUNE 14 - So You Have A Facility Clearance, Now What? https://attendee.gotowebinar.com/register/9028972158695833091

JUNE 15 - Unsolicited Proposals - Why, What & How. https://attendee.gotowebinar.com/register/4729436391901262849

JUNE 17 - SBIR's - The Good, The Bad & The "How" https://attendee.gotowebinar.com/register/6337198369128857857

2016 US Federal Government Contracting Webinar Series

AGENDA

2016 US Federal Government Contracting Webinar Series AGENDA:

• Introduction – HOST •Introduction - GUEST • Presentation •Conclusions •Q&A

2016 US Federal Government Contracting Webinar Series

INTRODUCTION Host

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

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

2016 US Federal Government Contracting Webinar Series

INTRODUCTION Mark A. Amadeo

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

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

2016 US Federal Government Contracting Webinar Series

PRESENTATION Teaming With Tribally Owned 8(a) Businesses

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

2016 US Federal Government Contracting Webinar Series

Distinction •

8(a) businesses owned by Native American individuals

•

8(a) businesses owned by Native American tribes

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

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

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.

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

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 or Written commitment of support from Tribe

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

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

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

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

2016 US Federal Government Contracting Webinar Series

CONCLUSIONS

2016 US Federal Government Contracting Webinar Series

CONCLUSIONS 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

2016 US Federal Government Contracting Webinar Series

Q&A

CONTACT DETAILS

Ms. Jennifer L. Schaus Washington DC +1-202–365–0598 jschaus@jenniferschaus.com www.JenniferSchaus.com -----------------------------Mr. Mark A. Amadeo Washington, DC (202) 640-2090 mamadeo@amadeolaw.com www.amadeolaw.com

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 https://attendee.gotowebinar.com/register/74156936435694851

JUNE 2 - Capture Planning - To Bid Or Not To Bid https://attendee.gotowebinar.com/register/7051206926535220483

JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable https://attendee.gotowebinar.com/register/7352313683359938307

JUNE 6 - Teaming With Tribally Owned 8(a) Businesses https://attendee.gotowebinar.com/register/4324839202604449539

JUNE 7 - Color Reviews For Successful Proposals https://attendee.gotowebinar.com/register/3973323136181419267

JUNE 8 - Preparing The FSO for a DSS Audit https://attendee.gotowebinar.com/register/423786240906737667

JUNE 9 - Life After 8(a) - Best Practices & Case Study https://attendee.gotowebinar.com/register/6473232146721067779

JUNE 10 - The Politics Of Procurement https://attendee.gotowebinar.com/register/3924758807094447107

JUNE 13 - Contract Administration - Best Practices https://attendee.gotowebinar.com/register/2132047978959217667

JUNE 14 - So You Have A Facility Clearance, Now What? https://attendee.gotowebinar.com/register/9028972158695833091

JUNE 15 - Unsolicited Proposals - Why, What & How. https://attendee.gotowebinar.com/register/4729436391901262849

JUNE 17 - SBIR's - The Good, The Bad & The "How" https://attendee.gotowebinar.com/register/6337198369128857857