TUNICA-BILOXI
THE TRIBAL 8(a) ADVANTAGE
Preferences for tribal companies (8(a) Preferences).
The Small Business Administration’s “8(a) Business Development program” authorizes preferences for minority-owned small businesses in bidding for federal contracts. However, if the company is owned by a tribal government, it receives additional benefits, such as not being subjected to the lower contract amount caps, and sole-source bidding.
Preferences for Indian reservation-based businesses (HUBZone Preferences).
If a small business is located on Indian lands, and 35 percent of its employees reside on the reservation, the company is eligible for HUBZone (Historically Under-Utilized Business Zone) preferences in the awarding of federal contracts. Benefits include competitive and sole-source contracting and a 10 percent price evaluation preference in full and open contract competitions.
Preferences on Bureau of Indian Affairs (BIA) and Indian Health Service (IHS) contracts (Buy Indian Act).
Because of the unique treaty responsibilities of the United States, BIA and IHS have the authority to give preferences to Indian and tribally owned companies in procurement
The federal government is the largest purchaser of goods and services in the world, buying everything from software and building construction to financial and asset management—making its procurement a powerful tool to advance equity and build wealth in underserved communities. In recent years, all federal agencies have been required to award 23% of their total contracting budget to small, disadvantaged businesses. The version of the 2022 National Defense Authorization Act (NDAA) passed by the House of Representatives on September 23,2021 increased the government’s small business prime contracting goal from 23% to 25%. Additionally, on June 1st, President Biden announced a bold new goal: increasing the share of contracts going to small, disadvantaged businesses by 50 percent by 2025 – an unprecedented target projected to translate to an additional $100 billion to Small Disadvantages Businesses (SDB’s) over the next 5 years. The announcement built on the President’s Day One Executive Order 13985, which directed agencies to work to make contracting opportunities more readily available to all eligible firms and to remove barriers faced by underserved individuals and communities.
Tunica-Biloxi Services, LLC being 100% owned and operated by the Tunica-Biloxi Tribe of Louisiana provides federal agencies with vehicles that could potentially be utilized to facilitate direct awards to meet these small, disadvantaged business goals as well as additional goals established under the 2022 Chip Bill. Agencies that fall under the Buy Indian Act such as the Bureau of Indian Affairs and Indian Health Services have procurement goals specifically for Indian owned enterprises outside of the small disadvantage business goals. Utilizing a direct award vehicle provides the customers with powerful benefits including speed, flexibility, and reliability.
Additionally, Companies subcontracting to Tribally owned firms also receive benefits under the Indian Incentive Program (IIP). The Indian Incentive Program is a congressionally sponsored program that provides a 5% rebate to a prime contractor on the total amount subcontracted to a Tribally owned firm in accordance with DFARS Clause 252.226-7001. Through the generation of subcontracts, the IIP serves as an economic multiplier for Native American communities. DoD prime contractors with a subcontract worth $500,000 or more that contains the DFARS clause are eligible for incentive payment
BENEFITS
Accelerated Procurement Timeline
American Indian Tribally (AIT) 8(a) companies are exempt from the competitive threshold [13 CFR 124.506(b); FAR 19.805-1 (b)(2)], as such, offer an accelerated procurement timeline, without the disruptions and delays resulting from complex evaluations and potential protests.
Flexibility and Reliability
Use our workforce and inter-tribal relations! In a mid-pandemic atmosphere, we realize that the BIA’s access to manpower to accomplish the delivery of water to all 574 tribes is limited. We have a workforce that consists of full vaccinated members of Federally recognized Tribes that are qualified and able to get the job done! Our status provides flexibility and reliability through direct negotiations (13 CFR 124.503) and allows us to truly understand the BIA’s mission goals and competitive threshold exemptions (48 CFR 19.805-1) and allows for uninterrupted workflow.
Schedule Risk Reduction
Pre-award schedule risk is no longer an issue due to the non-protestable nature of AIT sole-source procurements (13 CFR 124.517).
Virtually Unlimited Sole Source Ceiling
AITs provide Federal customers with a virtually unlimited sole-source ceiling for most service-based contract opportunities due to higher J&A (Justification and Approval) than other small disadvantaged business groups (48 CFR 6.303-1).