Mission Success – Tribal Prosperity

Contracting with a Tribal Company

TIGUA, INC

Tribally-Owned 8(a)

Definitions - 25 U.S.C 450b

 25 U.S.C. 450b “

Indian tribe

” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act(85 Stat. 688) [43 U.S.C 1601 et seq. 1], which is recognized as eligible for the special programs and services provided by the United States to Indians because of the status as Indians.

 “

tribal organization

” means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, that in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant

TIGUA, INC

Definitions - SBA

 The term “

qualified Indian tribe

” means an Indian tribe as defined in section 4(a) of the Indian Self-Determination and Education Assistance Act, which owns and controls 100 per centum of a small business concern.

 A

Tribal Owned small business concern

is one: – Wholly owned by 1 or more Indian tribal governments, or by a corporation that is wholly owned by 1 or more Indian tribal governments; or – Owned in part by 1 or more Indian tribal governments, or by a corporation that is wholly owned by 1 or more Indian tribal governments, if all other owners are either United States citizens or small business concerns

TIGUA, INC

Why Unique Rights

   On the premise that it is both appropriate and necessary to use the Federal government’s massive procurement activity to help jump-start reservation economies.

 Instead, the Indian tribal governments and Alaska Native Corporations (the Alaska equivalent of tribes) have the primary responsibility for promoting economic development. Congress has given tribes and Alaska Native Corporations (ANCs) unique rights in the Federal procurement process. These rights provide the Federal agencies and federal contractors with strong incentives to contract with tribal and ANC firms.  Indian reservations and Alaska Native villages suffer from some of the worst poverty in this country, with unemployment levels in excess of 60%. For example, a recent federal study found that the area of the country with the lowest life expectancy in the country was not an urban ghetto but an Indian reservation. Because of the lack of resources, there is little individual entrepreneurship on reservations.

All of these special provisions are contingent upon the tribal and ANC-owned firms providing quality services and supplies to the Federal agencies and performing 51% of the labor hours with their own direct labor TIGUA, INC

Tribal 8(A) Program

 Tribal 8(a)s eligible for sole source awards of unlimited value (13 CFR 124.506(b))

–

A Participant concern owned and controlled by an Indian Tribe or an ANC may be awarded a sole source 8(a) contract where the anticipated value of the procurement exceeds the applicable competitive threshold if SBA has not accepted the requirement into the 8(a) BD program as a competitive procurement.

–

Acquisitions up to $20M can be done

without

6-303, 6-304 justification & approval required by FAR

–

Award cannot be protested (13 CFR 124.517) • The eligibility of a Participant for a direct negotiated or competitive 8(a) requirement may not be challenged by another participant or any other party, either to SBA or any administrative forum as part of a bid or other contract protests.

–

Direct negotiation with Tribal Company  SDB & Native American Credits – Federal Agencies contracting to Tribal Company are able to claim Small Disadvantaged Business (SDB) and Native American credits (FAR 13 CFR124.109(a)(4))  Tribal 8(a)s are eligible for direct outsourcing of non-inherently governmental services or functions under OMB circular A76 without study or cost comparison (Public Law 107-117 (Defense Appropriations Act FY2002), Sec. 8014)

TIGUA, INC

Benefits for Client

 Government

–

Sole source • Reduces workload demand on Government contracting and customer resources otherwise required by full acquisition process, especially if large number of proposals • • Allows limited Government contracting resources to focus on large acquisitions Allows Government to negotiate to a Government-budgeted number

– –

Meet small business goals (e.g., SB, SDB, 8(a), Hub Zone) Small tribal companies positioned for success – backed by tribe or parent corporation  Prime Contractors – Earn SB/SDB credit for subcontracting goals regardless of Tribal Company’s size or business classification (52.219-9(d)(1)(i)) • Assured credit during contract duration -- can’t “outgrow” status • Large business capability for small business credit

–

5% DoD Rebate • A contractor of a Federal agency under any Act of Congress may be allowed an additional amount of compensation equal to 5 percent of the amount paid to a subcontractor or supplier that is an Indian organization or Indian owned economical enterprise (DFAR 252.226-7001)

–

Strategic partnership affords access to small business market

TIGUA, INC

Benefits for Tribe

 Contract revenues support tribal economic and community development

–

Tribes are socioeconomically disadvantaged -- lag behind US in poverty, unemployment, housing shortages and other critical social characteristics

–

Profits aid tribal members • Health and welfare • • • Education and training opportunities Housing Employment    Contracts can provide job opportunities to tribal members and their decedents

–

Many tribal members have served in our Armed Forces Develop capabilities that transfer to commercial opportunities Subcontract to individual Native American owned companies

TIGUA, INC

Built for Success – Tribal Structure

   Alaska Native companies developed for business success

–

Regional corporations developed and trained in a business structure • • • Regional Corporation Board of Directors Government companies developed Board of Directors Act as a business not a Government Tribes are a government structure not a business structure

– –

Tribal Government structure to provide for welfare of all tribal members Provide inherently government services to members Successful tribal companies

– – – – – – –

Separate business operations from government process Develop a Board of Directors appointed by Tribal Council but operate independently Have separate funding and accounting from the Tribe Develop business codes within the Tribe Tribal company pays dividends to Tribal Government Clear objectives for business growth Ability to secure bonding outside of the Tribal Government

TIGUA, INC

Tribal Sovereign Immunity

   What is it?

–

Tribal sovereignty refers to inherent authority of indigenous tribes to govern themselves within the borders of US. The federal government recognizes tribal nation as “domestic dependent nations”

–

Sovereign Immunity states an Indian tribe is not subject to suit in a state court - even for breach of contract involving off-reservation commercial conduct

–

564 federally recognized Indian tribes Why is this important?

– –

There is not Sovereign Immunity when contracted directly with federal government. This would be an issue when Tribe is subcontracted or Tribe has a subcontractor. • Consider Limited Waiver Of Sovereign Immunity What is Limited Waiver of Sovereign Immunity?

– –

Allows Tribal Company to waive Sovereign Immunity for specific contract or relationship Puts Tribal Company and partner company on equal footing with regards to dispute resolution -- allows for either a lawsuit in state courts or for binding arbitration

TIGUA, INC

EXAMPLE OF STRUCTURE -TIGUA

Tigua Inc

John Baily

Tigua Capital Investment Company/Real Estate Tigua Technology Services

Small Business IT Comm Security Systems

Tigua Construction

Small Business Construction Asphalt/Paving Facility Renovation

Tigua Transportation

Small Business Fuels Supply Warehouse

Tigua Enterprises

8(a) SDB Facility O&M Grounds Custodial

TIGUA, INC

Tribal Overview - Tigua

    Ysleta del Sur Pueblo (Tigua Indians), >1600 tribal members Located in El Paso, TX, area since 1680 Federally recognized in 1987 Employ separated model with established boundaries between tribal politics and business – – – Governance: Tribal Council; Tribal Government Business: Board of Directors; Tigua Inc. (holding company) Tribal sovereignty can be waived for contract T&Cs

TIGUA, INC

Services



Public Works/Civil Engineering



Logistics/Supply/Warehouse/Transportation



Housing



Minor Construction



Environmental



IT/Communications/Security Systems



Law Enforcement/Security Services



Fire Protection



Emergency Management



Health



Product Supplies

TIGUA, INC



Experience

First Hand – Facility maintenance and renovation – – – – – Asphalt and road projects Landscaping IT Supply/Warehouse/Transportation Product supplier (fuels, lubricants, comm/data components)  Reach Back – Full support and backing of Tribal Government departments • Maintenance and Environmental • • • Housing Management of Information Systems Law Enforcement • • • Health and Human Services (Medical Clinic and Daycare) Emergency Management and Fire Protection Recreation and Wellness Center – Business units share tribal bond with Government departments • Direct, immediate access to staff and their expertise • Benefit from each other’s services • Ex: Maintenance Dep’t provided on-site help to move two modular buildings at Ft Bliss  Corporate Management – Various service contracts up to $60M – Federal Government clients (Army, Air Force, Navy, GSA, NOAA, NASA) – Managing large and small business subcontractors

TIGUA, INC

Contact Info

• • • • •

Primary

Name: John Baily Title: CEO Office Phone: (915) 298-0639 Cell Phone: (915) 780-3218 E-Mail: [email protected]

• • • • •

Alternate

Name: Doug Creighton Title: Director, Business Development Office Phone: (915) 525-6513 Cell Phone: (915) 525-6513 E-Mail: [email protected]

TIGUA, INC

www.tiguainc.org