FED GOV CON - 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

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
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"
2016 US Federal Government Contracting Webinar Series

AGENDA

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

INTRODUCTION
Host

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

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

INTRODUCTION
Mark A. Amadeo

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

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

PRESENTATION
Teaming With Tribally Owned 8(a) Businesses

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

Distinction
• 8(a) businesses owned by Native American
individuals
• 8(a) businesses owned by Native American
tribes

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

Must Meet 8(a) Requirements
• Small
• Unconditionally Owned and Controlled
• Tribe must be socially, economically
disadvantaged
• Demonstrated potential for success

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.

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

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

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

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

Example of Organizational Structure
TribeTribeTribeTribe
Holding CompanyHolding CompanyHolding CompanyHolding Company
8(a) TOC8(a) TOC
LogisticsLogistics
8(a) TOC8(a) TOC
LogisticsLogistics
RealReal
EstateEstate
RealReal
EstateEstate
8(a) TOC8(a) TOC
ITIT
8(a) TOC8(a) TOC
ITIT ConstructionConstructionConstructionConstruction

SBA’s Proposed Changes
• Common Administrative Services
• Clarification of limitations on day-to-day
managers of multiple Tribal 8(a)’s

CONCLUSIONS

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

Q & A

CONTACT DETAILS
Ms. Jennifer L. Schaus
Washington DC
+ 1 - 2 0 2 – 3 6 5 – 0 5 9 8
jschaus@jenniferschaus.com
www.JenniferSchaus.com
------------------------------
Mr. Mark A. Amadeo
Washington, DC
(202) 640-2090
mamadeo@amadeolaw.com
www.amadeolaw.com

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