ADVANTAGES OF A NATIVE AMERICAN FIRM

4. Contracting Incentives - Section 10 USC 2323(a) of the United States Code allows a specified agency to award a contract to a joint venture firm that is at least 50% native-owned. Consequently, the agency awarding the contract allows small business contracting goals to be counted toward the native-owned portion of the joint venture.

5. Direct Conversion-Section 8014 of the Defense Appropriation Act (Fiscal Year 2002) details how Dept. of Defense agencies may directly convert full time equivalent (FTE) positions to tribally-owned concerns rather than conducting A-76 cost comparison studies. This applies when the Tribally Owned Concern has at least 51% ownership of a joint venture or is the prime contractor performing at least 51% of the work. There is no limit to the dollar value of the contract. The United States government may directly outsource non-inherently governmental services or functions to a tribal 8(a) enterprise under OMB circular A76 without study, cost comparison or competitive bidding.

6. HubZone - Any tribally-owned enterprise or Native American-owned enterprise located within “Indian country” is automatically deemed eligible for HUBZone certification. On-reservation firms are certified to participate in this program, through which the SBA provides federal contracting opportunities to firms located in “historically underutilized business (HUB) zones,” encouraging economic and employment growth on reservations. HubZone contacts can be awarded on a sole source or competitive basis.

7. Corporate Programs - Many large corporations require that procurement officers and suppliers utilize minority-owned vendors. Since 1993 for example, General Motors and Ford have required not only their own companies, but their suppliers to set a goal of purchasing at least five percent of their goods and services from minority-owned vendors.

8. Tribes, Tribal Enterprises and Native Owned or Controlled Firms and Businesses - More and more we are seeing and hearing that those who fall into this category wish to grant preference to others of like kind and mind. In addition, buying consortiums such as that recently entered into by and between a number of prominent tribes including the Seminoles of Fla., owners of the Hard Rock Hotel and Restaurant chain, the Mashantucket Pequots, owners of Foxwoods Casino Resort and the Morongo Band of Mission Indians are being formed for the purpose of identifying and doing business with qualified Indian vendors.