JoMel Consulting, Inc.

9609 Jimmark Circle, Waco, TX 76712 Phone: (254)772-0446 Fax: (866) 773-7142 Email

THE NATIVE AMERICAN INCENTIVE ACT

feathers on headdress The Native American Incentive Act (25 U.S.C.A. Sec. 1544) states that prime contractors utilizing a Native American enterprise as a subcontractor are eligible for 5% cash rebate of the amount paid the Native American enterprise under DOD contracts. Any prime contractor using a Native American enterprise or a tribally-owned company as a subcontractor at any sub-tier is eligible for this rebate.

JoMel Consulting can assist your company with developing businesses and alliances that will allow you to utilize the Native American Incentive Act to receive these rebates. Each company seeking government agency purchase of their product and or service with the Tribal 8 (a) is required to present a combined Statement of Qualifications (SOQ) in writing. The SOQ needs be created as a power point or a binder and if possible put onto mutual web sites. Next a person of the Tribal 8 (a) or a representative is required to travel with the teaming partner to the agency and present their mutual SOQ.

NATIVE AMERICAN SBA “Super” 8(a) SDB

There are unique advantages for Alaska Native Companies and tribally-owned 8(a) enterprises through the SBA 8(a) SDB program. JoMel Consulting can help your business fully utilize the opportunities available under this program for tribal enterprises.

What are the advantages available in this program?

Tribally owned 8(a) companies are exempt from some of the restrictions applicable to other SBA 8(a) small disadvantaged businesses. Because of the regulatory exemptions, these companies can achieve a status known as “super 8(a) status”.
Tribally owned 8(a) companies can receive sole source contracts of any value, and the size standard limitations do not apply.
These companies may organize and operate multiple 8(a) companies without regard to affiliation, provided that the NAICS codes are unique to each company.
Tribal 8(a) enterprises are not subject to the affiliation rules regarding size standard determinations by the SBA.
Companies that have at least 51% ownership by a tribe are considered to be socially and economically disadvantaged without a formal explanation required.
These enterprises can waive the 2-year minimum requirement for having been in business if they can provide an acceptable business plan. This business plan must indicate that the business can meet the performance requirements for SBA 8(a) companies. See 13CFR 124.109(c)(6)ii).
The US government can directly outsource non-inherently governmental services to a trbal 8(a) enterprise without a study or cost comparison.
Tribally owned enterprises or Native American-owned enterprises that are located within “Indian Country” are automatically eligible for HUBZone certification. HUBZone (Historically Underutilized Business Zone) businesses are required to be located within an area designated as a HUBZone area and must meet SBA regulation requirements. Qualifying businesses are eligible for Federal contracting preferences. SBA has recently ruled that all of “Indian Country” qualifies for HUBZone status. Therefore, businesses located within Tribal boundaries or in alliances with tribal governments may be eligible for this preference.

STRATEGIC ALLIANCES

JoMel Consulting can help Native American enterprises utilize these unique contracting preferences to help their business find new opportunities for growth. We bring the resources and know how necessary to acquire these advantages. We will help your business form strategic alliances or teaming arrangements between businesses and Native American or Tribal owned enterprises.