FREQUENTLY ASKED QUESTIONS
What is the advantage of being a tribally-owned 8(a)?
North American Indians are recognized with strong business advantages. These advantages are particularly marked in relation for government and private sector contracting, and there are many savvy planning options available. Native American businesses, tribal member owned enterprises and minority companies are in demand. All government contracts and most private corporations require a percentage (anywhere from 20% to 40%) of their vendor dollars to go to minority enterprises. Native American companies can play a significant role in contracting as a subcontractor, or a prime contractor. Native American owned enterprises have the unique opportunity to offer DOD prime contractors the ability to access the 5% cash contract rebates available under the Native American Incentives Act (U.S.C.1544 FAR Clause 52.226-1). Native American and minority enterprises can utilize SBA socially Disadvantaged Business certification (SDB), HUBZone certification and SBA 8(a) SDB certification to break into government contracting.
The Unique Value of Native American Contractors
Native American and tribally-owned enterprises have unique advantages in minority contracting and can offer prime contractors solutions to minority subcontracting requirements including possible cash rebates. A Native American tribally owned enterprise can meet DOD Indian Incentives Act requirements, provide “super 8(a) status” and meet HUBZone criteria.
The Indian Incentive Program (DoD)
Under the Native American Incentive Act (25 U.S.C.A. Sec. 1544), prime contractors utilizing a Native American enterprise as a subcontractor are eligible for a 5% cash rebate of the amount paid the Native American enterprise. This cash rebate is currently available under DOD contracts. The rebate is available to any prime contractor using a Native American enterprise or tribally owned company as a subcontractor at any sub-tier. For more specific information on the Indian Incentive program, see FAR Clause 52-226. –1, and DFARS Clause 252.226-7001.
Why partner with a tribally-owned 8(a)?
The Small Business Administration (SBA) 8(a) program is a formal business development program designed to assist socially and economically disadvantaged small business, such as tribally-owned small businesses that are at least 51% owned by an Indian tribe, to enter the federal marketplace through training and development in contracting, financial, technical, marketing, and management skills.
Tribal small businesses can use the 8(a) program as a tool to successfully market and compete for federal contracts. Tribes are unique because they may own multiple entities participating in the 8(a) program.
In addition, Indian tribes are exempt from competitive threshold limitations per 13 CFR 124.506(b) and are eligible to receive sole-source contracts of unlimited value.
Contracting or partnering with a tribally-owned 8(a) company leads to enhanced economic growth and career opportunities that benefit the entire tribe. Proceeds are returned to the tribe to support education, fire/rescue/police, infrastructure, elder housing and care, and healthcare funding for their members.
Inquiries on becoming a subcontractor can be sent to firstname.lastname@example.org
NAICS Codes: Osage Pinnacle Design Group (Construction)
- 236220 Commercial and Institutional Building Construction (primary)
- 236210 Industrial Building Construction
- 541310 Architectural Services
- 541330 Engineering Services
- 238210 Electrical Construction
- 237990 Other Heavy and Civil Engineering Construction
- 238110 Poured Concrete Foundation
- 238160 Roofing
- 238190 Other Foundation/Structure/Building
- 238220 Plumbing, Heating and A/C
- 493110 General Warehousing and Storage
NAICS Codes: Osage Innovative Solutions (Information Technology)
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