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: JVs & 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) TOCs

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) TOCs

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) applicants 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) TOCs

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) TOCs & Teaming Partners

Sole Source Awards of Unlimited Value

No Protests Based on Participant Eligibility

8(a) TOCs eligible for direct outsourcing

without study or cost comparison

2016 US Federal Government Contracting Webinar Series

Unique Benefits
For 8(a) TOCs & 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

8(a)
TOC
Logistic
s

Holding
Company
Real
Estate

8(a)
TOC IT

Constructio
n

2016 US Federal Government Contracting Webinar Series

SBAs 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 -2023650598
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