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Teaming With Tribally Owned 8(a) BusinessesUS Federal Government Contracting
Webinar Series - 2016
Presented By:Mark AmadeoJUNE 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 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) Businesseshttps://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
INTRODUCTIONHost
2016 US Federal Government Contracting Webinar Series
Jennifer SchausAbout The Host
2016 US Federal Government Contracting Webinar Series
* 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 SchausJennifer Schaus & Associates
2016 US Federal Government Contracting Webinar Series
* 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
INTRODUCTIONMark A. Amadeo
2016 US Federal Government Contracting Webinar Series
Mark A. AmadeoABOUT OUR SPEAKER
2016 US Federal Government Contracting Webinar Series
• 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 AmadeoAmadeo Law Firm, PLLC
2016 US Federal Government Contracting Webinar Series
• 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
2016 US Federal Government Contracting Webinar Series
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
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 yearsor
• 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 BenefitsFor 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
2016 US Federal Government Contracting Webinar Series
TribeTribe
Holding CompanyHolding Company
8(a) TOC8(a) TOCLogisticsLogistics
Real Real EstateEstate
8(a) TOC 8(a) TOC ITIT ConstructionConstruction
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
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
Q & A
2016 US Federal Government Contracting Webinar Series
CONTACT DETAILS
Ms. Jennifer L. SchausWashington DC
+ 1 - 2 0 2 – 3 6 5 – 0 5 9 [email protected]
www.JenniferSchaus.com
------------------------------
Mr. Mark A. AmadeoWashington, DC(202) 640-2090
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) Businesseshttps://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
