Indian Country Business SummitIndian Country Business SummitLawton, OK – August 23-25, 2009

Gary WadeGary Wade

202-208-3493

Interior’s MissionInterior’s Mission

… to protect and provide access to our Nation’s natural and cultural heritage and honor our trust responsibilities to Indian Tribes and our commitments to island communities. Interior has established five goals to encompass these responsibilities.RESOURCE PROTECTION: Protect the Nation's Natural, Cultural, and Heritage Resources.

RESOURCE USE: Manage Resources to Promote Responsible Use and Sustain a Dynamic Economy.

RECREATION: Provide recreation opportunities for America.

SERVING COMMUNITIES: Safeguard lives, property and assets, advance scientific knowledge, and improve the quality of life for communities we serve.

MANAGEMENT EXCELLENCE: Manage the Department to be highly skilled, accountable, modern, functionally integrated, citizen-centered and results-oriented.

Interior is comprised of nine essential bureaus, each decentralized with regional procurement offices throughout the U.S. to better serve the American people and its’ mission.

Bureau of Indian AffairsBureau of Land Management

Bureau of Reclamation

U.S. Fish & Wildlife Service

Minerals Management Service

National Business Center

National Park Service

Office of Surface Mining

U.S. Geological Survey

Is responsible for implementing departmental policy and managing programs and initiatives that are related to the Small Business Act, as amended, and other programs under the Small Business Programs.

OSDBU is NOT a contracting office but a policy office.

The office does participate in outreach events for small businesses on how to market the federal government but mainly deals with policy and new regulations for the contracting community at Interior.

www.doi.gov/osdbu/www.doi.gov/osdbu/

Interior FY Trends for Interior FY Trends for Awards to Small BusinessAwards to Small Business

 

57.0%

50.3%47.5%

53.4% 55.2% 55.1%59.6%

55.3%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

FY'01 FY'02 FY'03 FY'04 FY'05 FY'06 FY'07 FY'08

What did DOI Buy in ’09 ?What did DOI Buy in ’09 ?

NAICS NAICS Code Description Total Dollars

237990 OTHER HEAVY & CIVIL ENGINEERING CONSTRUCTION…………….. $187,867,934.42

541330 ENGINEERING SERVICES……………………………………………………. $129,201,164.96

541519 OTHER COMPUTER RELATED SERVICES………………………………… $97,887,862.38

541512 COMPUTER SYSTEMS DESIGN SERVICES………………………………… $83,122,997.05

541690 OTHER SCIENTIFIC & TECHNICAL CONSULTING SERVICES …………. $65,739,222.93

621420 OUTPATIENT MENTAL HEALTH & SUBSTANCE ABUSE CENTERS….. $64,190,379.96

541611 ADMIN. MGT. & GENERAL MGT. CONSULTING SERVICES … $63,088,181.11

443120 COMPUTER & SOFTWARE STORES……………………………………….. $59,230,833.30

541511 CUSTOM COMPUTER PROGRAMMING SERVICES…………………….. $58,242,514.10

334111 ELECTRONIC COMPUTER MANUFACTURING…………………………. $55,319,888.06

Top Ten Procurement Awards

What did DOI Buy in OK in ‘09?What did DOI Buy in OK in ‘09?

Top Ten Procurement Awards

OKLAHOMA AWARDS - Total ……. $16,303,618NAICS NAICS Description Dollars Obligated115210 SUPPORT ACTIVITIES FOR ANIMAL PRODUCTION $6,068,758

525920 TRUSTS, ESTATES, AND AGENCY ACCOUNTS $2,997,059

221122 ELECTRIC POWER DISTRIBUTION $347,022

321992 PREFABRICATED WOOD BUILDING MANUFACTURING $336,350

211112 NATURAL GAS LIQUID EXTRACTION $300,000

541519 OTHER COMPUTER RELATED SERVICES $281,452

238160 ROOFING CONTRACTORS $267,512

541620 ENVIRONMENTAL CONSULTING SERVICES $248,080

424710 PETROLEUM BULK STATIONS AND TERMINALS $232,217

337214 OFFICE FURNITURE (EXCEPT WOOD) MANUFACTURING $194,524

What did DOI Buy in TX in ‘09 ?What did DOI Buy in TX in ‘09 ?

Top Ten Procurement AwardsTEXAS AWARDS - Total ……. $54,723,322

NAICS NAICS Description Dollars Obligated334111 ELECTRONIC COMPUTER MANUFACTURING $13,478,056

541712 R&D PHYSICAL, ENGINEERING, AND LIFE SCIENCES $7,016,934

541513 COMPUTER FACILITIES MANAGEMENT SERVICES $6,761,752

481211 NONSCHEDULED CHARTERED PASSENGER AIR TRANSP. $5,549,888

211111 CRUDE PETROLEUM AND NATURAL GAS EXTRACTION $3,112,000

211112 NATURAL GAS LIQUID EXTRACTION $2,755,907

486110 PIPELINE TRANSPORTATION OF CRUDE OIL $1,790,000

334511SEARCH, DETECTION, NAVIGATION, GUIDANCE, AERONAUTICAL $1,475,908

213112 SUPPORT ACTIVITIES FOR OIL AND GAS OPERATIONS $1,018,360

541611 ADMIN. MGT. & GENERAL MGT. CONSULTING SERVICES $870,502

How to Market InteriorHow to Market Interior

The best and most productive marketing approach for a small business is to "Do It Yourself." Do not depend on the Gov’t or others to locate contracting opportunities for you.

Prepare detailed capability statements/brochures for distribution to agencies (include NAICS codes).

If you have multiple skills, market those of which a particular agency buys the most (Do NotDo Not market all at once).

Know Who You Are Talking Too!Know Who You Are Talking Too!

Become thoroughly familiar with the Federal agencies, their components, their missions, and how they operate. Research their websites and then…

Ask yourself:Ask yourself:

““How does my Company fit in.”How does my Company fit in.”

Time to Reach Out and Make ContactTime to Reach Out and Make Contact

After identifying requirements of those bureaus you wish to market, you should coordinate with their “Small Business SpecialistSmall Business Specialist” which is usually a contracting person.

Each bureau has a designated Headquarter’s Small Business Specialist and subsequent field office Small Business Specialists.

For a complete list of our Nationwide Small Business Specialists,visit our website: www.doi.gov/osdbu/

and click on Small Business Specialist.

VisitVisit: : www.doi.gov/osdbu/www.doi.gov/osdbu/ and click on: FORECAST of Procurement Opportunities

DOI Forecast of Procurement OpportunitiesDOI Forecast of Procurement Opportunities

Welcome ...To Interior's Forecast of Fiscal Year Acquisitions

This forecast of contracting opportunities is a collection of Interior’s bureaus and office acquisition plans for the fiscal year.

Select the Create Report to browse acquisition forecasts. You may select forecasts by state, year and quarter of solicitation, year and quarter of award, proposed preference program, and NAIC code. Please select at least one query criteria, otherwise all records will be selected.

DOI Forecast of Procurement OpportunitiesDOI Forecast of Procurement Opportunities

Interior Department Electronic Acquisition System – Electronic CommerceInterior Department Electronic Acquisition System – Electronic Commerce

http//ideasec.nbc.gov

American Recovery and Reinvestment Act of 2009

The Recovery Act has appropriated $3 billion$3 billion to Interior and $490$490 million appropriated to the Department of Transportation for Interior roads.

The Recovery Act funding will be used for projects in parks, refuges, and public lands; to improve conditions in Indian Country; to strengthen the Department’s scientific infrastructure; and for water projects throughout the western states.

For Interior, the Act provides…

Bureau of Reclamation: $1$1 billion to fund authorized water reuse and rural water construction projects. Funds will be used to promote water conservation, improve water management, and address an aging water infrastructure.

Bureau of Land Management: $320$320 million, of which;- $15$15 million is for wildland fire management to eliminate underbrush and other vegetation in fire-prone areas in order to reduce the threat and potential severity of fire, - $125$125 million is to maintain and restore facilities and lands, remediate abandoned mines and wells, and - $180$180 million is for construction projects to repair roads, bridges, trails, property, and facilities and for energy efficient retrofits of existing facilities.

For Interior, the Act provides…(Continued)

U.S. Geological Survey: $140$140 million to restore and rehabilitate laboratories and research facilities, equipment replacement and upgrades for streamgages, seismic and volcano monitoring systems, national map activities, and other critical deferred maintenance and improvement projects. U.S. Fish and Wildlife Service: $280$280 million of which;

-$165$165 million for deferred maintenance and high-priority habitat restoration projects on national wildlife refuges and national fish hatcheries, and - $115$115 million to reconstruct and repair roads, bridges, property and facilities and to improve energy efficiency and renewable energy use on refuges and other FWS facilities.

For Interior, the Act provides…(Continued)

National Park Service: $750$750 million to help preserve and protect iconic and historic facilities and landscapes in our national parks. This includes;

-$146$146 million for deferred maintenance of facilities and trails and other critical repair and rehabilitation projects in national parks, and

- $589$589 million for construction projects in national parks to repair roads, construct facilities, including energy efficient retrofits of existing facilities, replace equipment, preserve historic resources, clean up abandoned mines, and make other improvements to critical infrastructure.

For Interior, the Act provides…(Continued)

Bureau of Indian Affairs: $500$500 million to improve Indian housing, repair and restore roads, and replace and improve Indian schools that serve 44,000 Indian children. This includes:-$40$40 million for workforce training programs and housing improvements, and-$450$450 million for construction projects to repair roads, replace and repair schools, and maintain and repair detention facilities.

Office of Inspector General: $15 million for the oversight and audit of programs, grants, contracts, and projects funded in the Recovery Act. The OIG created the Recovery Oversight Office (ROO) to ensure accountability of funds received by Interior under the American Recovery and Reinvestment Act of 2009.

Department of the Interior Department of the Interior Recovery InvestmentsRecovery Investments

Website:Website: http://recovery.doi.gov/http://recovery.doi.gov/

At this website, you can select a state and it will give you a listing of proposed projects for that state and an overview of the monies slated for that state and how much each bureau has for funding recovery investment projects.

FedBizOpps (www.fbo.gov) the single government point-of-entry for Federal Business Opportunities. Daily visits are recommended.

Pursuing Recovery Act Projects or Regular Contract Opportunities?

As a REMINDER, everyone needs to visit…As a REMINDER, everyone needs to visit…

QUESTIONSQUESTIONS??

PARTNERING WITH BIA AND TRIBAL GOVERNMENTS

Jocelyn LittleChiefICBS

Lawton, OKAugust 2009

STRUCTURE OF BIA

TWELVE REGIONAL OFFICES

EACH REGIONAL OFFICE HAS VARIOUS AGENCIES UNDER IT’S JURSIDICTION

STRUCTURE OF BIA

SOUTHERN PLAINS REGIONAL OFFICE ANADARKO, OK SERVES 25 TRIBES

EASTERN OKLAHOMA REGIONAL OFFICE MUSKOGEE, OK SERVES 23 TRIBES

BIA RESPONSIBILITY

BIA IS RESPONSIBLE FOR;

ADMINISTRATION OF FEDERAL PROGRAMS, AND

FOR PROMOTING INDIAN SELF-DETERMINATION

INDIAN SELF DETERMINATION ACT

1975 Indian Self-Determination and Education Assistance Act (PL 93-638) Gives Indian Tribes/Alaskan Natives the

authority to contract with the Government, services, functions or activities administered by DOI/BIA that are not considered to be inherently federal activities.

BUY INDIAN ACTAUTHORITY

Act of June 25, 1910 (25 U.S.C. 47) Commonly referred to as the Buy Indian Act

41 U.S.C. 253(c)(5) Which permits negotiation of contracts when

authorized or required by statute.

BUY INDIAN ACTHISTORY

Oldest of the Indian Preference laws on the books, adopted in 1910

Applies to BIA and IHS Applies to direct contracts let by these two

agencies

BUY INDIAN ACTANDRUS VS. GLOVER

1980 US Supreme Court ruled BIA could not use the Buy Indian Act on road construction projects and, by implication, on any other kind of construction

Court held that Congress had implicitly release the application of the Buy Indian Act to construction when it enacted the Federal Property and Administrative Services Act of 1983.

BUY INDIAN ACTANDRUS VS. GLOVER

Recent Laws have had the effect of correcting most of the damage done by Glover

First step when congress enacted the Surface Transportation Assistance Act of 1982 (STAA)

When authorizing these funds, Congress specifically provided that Buy Indian applied to construction contracts let with these funds.

BUY INDIAN ACTANDRUS VS. GLOVER

All BIA road construction projects are now funded with funds from STAA, so all BIA road contracts are now to be let pursuant to Buy Indian.

With the exception of Oklahoma.

BUY INDIAN ACTANDRUS VS. GLOVER

Justice Department went to the Oklahoma Federal District Court, that had issued the original injunction against the BIA in the Glover case.

Justice asked court to remove the injunction in light of the provisions in the STAA

BUY INDIAN ACTANDRUS VS. GLOVER

Oklahoma Federal District Court did so only partially.

It held that STAA Buy Indian provision applied only to “reservation roads”

Since Oklahoma has no reservations, it does not apply

P.L. 93-638 ACT

Section 7(b) states: Any contract, subcontract, grant or subgrant

pursuant to this Act or any other Act authorizing federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible;

P.L. 93-638 ACT

Preferences and opportunities for training and employment shall be given to Indians

Preferences in the award of subcontracts and subgrants shall be given to Indian organizations and to Indian-owned economic enterprises

P.L. 93-638 ACT

7(b) has been interpreted by the courts and the federal agencies to require preference to the greatest extent feasible, in contracting and subcontracting on (1) all federally-funded prime contracts for the benefit

of Indian (2) all subcontracts on direct federal and federally

funded (3) preference in employment on all contracts where

the contract is for the benefit of Indians

QUESTIONS

?