Presentation Transcript

1. Native and Tribal programs for economic development

   October 10th 2013 – Sault Ste. Marie, MI Presented by
2. TPI PTAC - Located in the Oneida Skenandoah Complex - Serve Tribal and Native Owned Businesses - 8 States: IA, MI, MN, WI, ME, MA, NY and IL since April 2013 - Helped Native owned business to get over $6M in Federal contracting in 2012.
3. Indian Incentive Program The Department of Defense (DoD) Indian Incentive Program (IIP) is designed to encourage the use of Indian Organizations, Indian-Owned Economic Enterprises, Alaska Native Corporations and Native Hawaiian Small Business Concerns by providing an incentive to prime and sub-tier contractors who subcontract with Indian Organizations, Indian-Owned Economic Enterprises, Alaska Native Corporations and Native Hawaiian Small Business Concerns. The program is managed by the Department of Defense (DoD) Office of Small Business Programs (OSBP). Funding availability is determined by congress each fiscal year. Contracting Activities do not need to provide any funding for this program. Once approved, the contract is modified to authorize payment of the incentive. In 2013, $15 Million were allocated through P.L 113-6 of March 26 2013. The Indian Incentive Program allows prime and sub-tier contractors to receive a rebate of 5% of the total amount subcontracted to Indian Organizations, Indian-Owned Economic Enterprise and Native Hawaiian Small Business Concerns. Prime and sub-tier contractors must formally request the rebate by submitting a letter to the contracting officer along with the supporting documentation proving the amount paid to Indian Organizations/Enterprises or Native Hawaiian Small Business Concern.
4. Indian Incentive Program (from DFAR Clause 252.226.7001) (1) The Contractor, on its own behalf or on behalf of a subcontractor at any tier, may request an incentive payment in accordance with this clause. (6) If the Contractor requests and receives an incentive payment on behalf of a subcontractor, the Contractor is obligated to pay the subcontractor the incentive amount. (g) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts exceeding $500,000.
5. Indian Incentive Program Who is elligible for the incentive payment? : DoDprime contractors with a contract of $500,000.00 or more, that contain the clause 252.226.7001 are eligible for incentive payments. (Note: the clause can be included in the contract retroactively) Subcontractors with a contract of $500,000 or more. However, the prime must make the request and pay to the subcontractor the incentive payment What are the criteria for the Native Owned business?: 51% Native American/Alaskan/Hawaian ownership Federally Recognize Tribe enrollment Factsheets and documents: http://www.acq.osd.mil/osbp/sb/programs/iip/documents.shtml
6. Buy Indian Act Act of June 25, 1910 (25 U.S.C. 47) Commonly referred to as the Buy Indian Act “So far as may be practicable, Indian labor shall be employed, and purchases of the products of Indian industry may be made in open market at the discretion of the Secretary of the Interior.” 41 U.S.C. 253(c)(5) Permits exclusion of sources (…)An executive agency may provide for the procurement of property or services covered by this section using competitive procedures but excluding a particular source in order to establish or maintain any alternative source or sources of supply for that property or service if the agency head determines that to do so (...) (5) a statute expressly authorizes or requires that the procurement be made through another executive agency or from a specified source (…)
7. Buy Indian Act Oldest of the Indian Preference laws on the books, adopted in 1910 Applies to Bureau of Indian Affairs and Indian Health Services agencies Applies to direct contracts led by these two agencies
8. Buy Indian Act 48 CFR Chapter 3 subpart 370 regulates IHS Buy Indian Policy This subpart sets forth the policy on preferential acquisition from Indians under the negotiation authority of the Buy Indian Act. This subpart applies only to acquisitions made by or on behalf of IHS. The IHS shall utilize the negotiation authority of the Buy Indian Act to give preference to Indians whenever the use of that authority is authorized and is practicable. The degree of Indian ownership of an Indian firm shall be at least 51 percent during the period covered by a Buy Indian contract. An Indian firm may enter into a joint venture with other entities for specific projects as long as the Indian firm is the managing partner. However, the Contracting Officer shall approve the joint venture prior to the award of a contract under the Buy Indian Act. A contractor shall not subcontract to other than Indian firms more than 50 percent of the work under a prime contract awarded pursuant to the Buy Indian Act Contracts awarded under the Buy Indian Act are subject to competition among Indians or Indian concerns to the maximum extent practicable. The Contracting Officer may award a contract under the Buy Indian Act only if the Contracting Officer determines that the project or function to be contracted is likely to be: satisfactorily performed under that contract; and properly completed or maintained under that contract.
9. Buy Indian Act
10. Tribal 8(a) – SBA program Purpose: to help small businesses that are owned and controlled by socially and economically disadvantaged Indian Tribes and Native Hawaiian Organizations in competing on an equal basis in the mainstream economy. Must meet eligibility criteria 9 years program life (increasing non 8(a) revenues) Developmental phase 4 years Transitional phase 5 years Small Business according to SBA size Standards Economically disadvantaged (Indian tribes are considered to be socially disadvantaged) 2+ years in business Ownership and control
11. Tribal 8(a)
12. Federal Agencies Native American Offices and Programs Department of Agriculture (USDA) Office of Tribal Relations - This office serves as the USDA’s primary contact point for Tribal issues.  The office is responsible for government-to-government relations, Tribal consultation, Alaska Native Claims Settlements Act, and other related issues.  Rural Development - This office supports economic development in American Indian and Alaska Native communities through a variety of financial programs and technical assistance.  Department of Commerce (USDC) Minority Business Development Agency - MBDA actively promotes the strategic growth and expansion of minority business enterprises (MBEs) by offering management and technical assistance through a nationwide network of over 40 business centers.  loan guarantee for enrolled members of federally recognized tribes or for Tribally Designated Housing Entities.   Department of the Interior (DOI) Office of Indian Energy & Economic Development (IEED) - IEED operates a guaranteed loan program in which banks, CDFIs, and other lenders may participate to further economic development activity in Indian Country.  Indian Loan Guarantee Program - This program guarantees up to 90 percent of a loan made to an Indian-owned business. The maximum guaranty is $500,000 for individual tribal members, but can go higher for tribes and tribal enterprises.  This is a rebate to the borrower (under the guarantee program) of the difference between the bank's interest rate and the rate set for Indian loans by the U.S. treasury, for up to five years.  Federal Loan Programs for Economic and Community Development throughout Indian Country and Alaska - This matrix provides useful information on loan and grant programs available from federal agencies. Small Business Administration (SBA) Office for Native American Affairs - The SBA’s  Office of Native American Affairs seeks to ensure that American Indians, Native Alaskans and Native Hawaiians seeking to create, develop and expand small businesses have full access to the necessary business development and expansion tools available through the Agency’s entrepreneurial development, lending and procurement programs.    U.S. Treasury  Fund’s Native Initiative Programs, Community Development Financial Institutions (CDFI) - The CDFI Fund's Native Initiatives are designed to increase the access to credit, capital and financial services in Native Communities through the creation and expansion of Native CDFIs.  Minority Bank Deposit Program (MBDP), Financial Management Service - The MBDP is a voluntary program designed to encourage federal agencies, state and local governments, and the private sector to use MBDP participants as depositaries and financial agents.
13. Tribal Liaisons Roles of Tribal Liaison may vary by administration Key point of contact with tribes Coordination with Tribes of their agency’s issues affecting Native American and Tribes
14. Tribal Liaisons Contacts for all agencies can be found at www.whitehouse.gov/nativeamericans/resources Department of Commerce Dee Alexander, Senior Adviser on Native American Affairs for the Office of the Secretary dalexander@doc.gov SBA Christopher James, Assistant Administrator for the Office of Native American Affairs Phone:202 205 7364 DoD - Native American Affairs David Sanborn, senior advisor and liaison for the Native American Affairs http://www.denix.osd.mil/na/
15. Sources TPI PTAC SBA www.whitehouse.gov Michael Mitchell – Chickasaw Nation Industries
16. More Information Benjamin Blanc, CPPS, CCAS TPI PTAC Procurement Specialist office # 920 583 2027 Cell # 920 251 7681 benjamin@tpiptac.com www.tpiptac.com