First Wednesday Virtual Learning Series 2018

www.sba.gov

SBA Programs for Native American Entities

1

Jan Kaiser, Procurement Center Representative SBA Office of Government Contracting, Area IV, Chicago janis.kaiser@sba.gov (312) 353-7442

Deborah Crumity, Procurement Center Representative SBA Office of Government Contracting, Area IV, Rock Island Arsenal deborah.d.crumity.civ@mail.mil (309) 782-5734

Hosts

2

1. Questions answered during the final 10 minutes.

2. Technical problems: Contact the moderator with a note or call AT&T

Connect Support at 1-888-796-6118.

3. Page numbers stated for those working off hard copies of the

program.

4. We cover the “SBA Quick Reference” as time allows.

5. For more SBA training visit the SBA Learning Center website https://www.sba.gov/tools/sba-learning-center/search/training

Welcome to “SBA Virtual Learning 2018”

3

Procurement Technical Assistance Centers are a vital resource partner.

• APTAC posts past “First Wednesday” programing at this link:

http://www.aptac-us.org/for-contracting-officers-sba-webinar-library/

• Contracting officer resources: “How PTACs partner with federal

agencies”: http://www.aptac-us.org/federal-partners/

• Find your nearest Procurement Technical Assistance Center at

http://www.aptac-us.org

Association of Procurement Technical Assistance Centers (APTAC)

4

The program schedule above is for information only and is subject to change.

FY 2018 Date Topic

1 October 4, 2017 Non-Manufacturer Rule

2 November 1, 2017 SBA Native American Programs - AI/ANC/NHO

3 December 6, 2017 SBA Programs You May Not Know About Natural Resources Assistance/Disaster Assistance

4 January 10, 2018 Historically Underutilized Business Zones

5 February 7, 2018 Certificate of Competency Program

6 March 7, 2018 Woman Owned Small Business

7 April 4, 2018 Size and Affiliation

8 May 2, 2018 Subcontracting Plans: Pre-Award

9 June 6, 2018 SDVOSB

10 July 11, 2018 SBA Legislative Update

11 August 1, 2018 Mentor/ Protégé Program

1st WEDNESDAY VIRTUAL LEARNING SERIES 2018 SCHEDULE

1:00 to 2:00 Central Time

5

Self-service: Using the PowerPoint that was sent with your invitation for this training event, fill in your name on the certificate slide and save. Download the certificate and print for your records. You submit your request for training credit IAW your agency policy, i.e. FAITAS.

Phoning in only: If you listen in groups and you want all attendees to be included on the future mailing list, send email addresses of participants in an excel document to sbalearning@sba.gov.

One Continuous Learning Point

6

• Effective October 1, 2017, the SBA updated its table of the North American Industry Classification System (“NAICS”) codes, which resulted in numerous changes. NAICS 2017 created 21 new NAICS industries by reclassifying, splitting, or merging 29 industries or their parts previously under NAICS 2012. – https://www.gpo.gov/fdsys/pkg/FR-2017-09-27/pdf/2017-20705.pdf – https://www.sba.gov/sites/default/files/files/Size_Standards_Table_2017.pdf

• On October 11, 2017, SBA also updated the NAICS codes applicable for

the WOSB Program to align with the 2017 NAICS codes. This update reduces the number of four-digit NAICS industry groups eligible for procurements under the WOSB Program from 113 to 112 because NAICS 2017 merged two NAICS 2012 industry groups, NAICS 5171 and 5172, into one—5173. – https://www.gpo.gov/fdsys/pkg/FR-2017-10-11/pdf/2017-21925.pdf

Small Business Program Update

7

Maymangwa Flying Earth Attorney Advisor Office of General Counsel Small Business Administration Denver, CO (303) 844-2096 Maymangwa.FlyingEarth@sba.gov

With her today is: Laura Foster

Attorney Advisor Office of General Counsel Small Business Administration Washington, D.C. (202) 205-6473 Laura.Foster@sba.gov

Presenters

8

Government Contracting Programs and American Indian Tribes, Alaskan Native Corporations, and Native Hawaiian

Organizations

SBA Programs for Native American Entities

For purposes of SBA regulations, Indian tribe means

• Any Indian tribe, band, nation, or other organized group or

community of Indians, including any ANC, which is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their

status as Indians;

• Or is recognized as such by the State in which the tribe,

band, nation, group, or community resides.

What is an Indian Tribe?

10

• ANC means any Regional Corporation, Village Corporation,

Urban Corporation, or Group Corporation organized under

the laws of the State of Alaska in accordance with the

Alaska Native Claims Settlement Act

• Alaskan Native means a citizen of the United States who is

a person of one fourth degree or more Alaskan Indian,

Eskimo, or Aleut blood, or a combination of those

bloodlines. Includes any citizen whom a Native village or

Native group regards as Alaska Native if their father or

mother is regarded as Alaskan Native

What is an Alaskan Native Corporation?

11

• Any community service organization serving Native

Hawaiians in the State of Hawaii which is a not-for-profit

organization chartered by the State of Hawaii, is controlled

by Native Hawaiians, and who business activities will

principally benefit such Native Hawaiians

• Native Hawaiian means any individual whose ancestors

were natives, prior to 1778, of the area which now

comprises the State of Hawaii

What is a Native Hawaiian Organization?

12

• The firm itself must be organized for profit. Articles of

Incorporation must contain sovereign immunity waiver or

sue and be sued language designating federal courts with

jurisdiction over SBA program matters.

• The tribe must own at least 51% of the firm, or through a

wholly owned subsidiary of the tribe.

• Many tribes conduct commercial activities through federally

chartered corporations under Section 17 of Indian

Reorganization Act (segregating tribal business assets &

liabilities from those of tribe). Must petition Secretary of

Interior to issue corporate charter.

Tribes and the 8(a) Program

13

• Over 300 Tribal, ANC, NHO owned firms in the program

• While tribes bear primary responsibility for economic

development, the government recognizes its trust

responsibility in providing opportunity for federally

recognized tribes

• Tribal and ANC 8(a) firms are eligible to receive sole source

8(a) contracts regardless of dollar size, with no upper limit,

while all other 8(a) firms may not receive sole source

contracts in excess of $4 million for services and $7 million

for manufacturing. 13 CFR 124.506 (b)

Tribes and 8(a) Program

14

• Entity owned refers to the tribe, ANC, or NHO owning the firm

• Tribal members, ANC members, and Native Hawaiians may individually own firms but they are not considered “entity owned”

• Tribe, ANC and NHO owned firms may have more than one company in the 8(a) program, allowed at the same time in different NAICS codes, and have a second company in the same NAICS code with a 2 year waiting period between companies

Native Entity Owned v. Native owned

15

• Tribally owned applicant must qualify as a small business

and certify as such to the SBA, pursuant to the provisions in

13 CFR 121

• In determining the small business size standard, the Indian

tribe – or wholly owned business of the tribe – will be

determined independently without regard to its affiliation

with the tribe, any entity of the tribal government or any

other business enterprise owned by the tribe

Size Issues

16

HUBZone Program:

• Small business size

• 100% U.S. Citizen-owned (or Native

American/Hawaiian/Alaskan)

• Principal office within HUBZone, includes land within the

external boundaries of Native American reservations

• Minimum 35% of employees must live within a HUBZone –

does not have to be same one as your main office

Native Entities and HUBZone

17

Native Entities and HUBZone

• For tribes, at least 35% of its employees engaged in performing that contract will reside within any Indian reservation governed by one or more of the Indian Tribal Government owners, or reside within any HUBZone adjoining such Indian reservation.

• This allowance does not apply to ANCs and NHOs

18

• Based on the language of the regulations, Native entity owned firms are not eligible for the Women Owned Small Business and Service Disabled Veteran Owned programs

Native Entity Firms and WOSB/SDVO

19

Organizations subject to the DIAR are encouraged to visit the DOI Office of Small & Disadvantaged Business Utilization (OSDBU) at https://www.doi.gov/pmb/osdbu.

The Department of the Interior (DI) has regulations guiding implementation of the Buy Indian Act, which provides Indian Affairs (IA) with authority to set aside procurement contracts for Indian-owned and controlled businesses. These rules supplement the Federal Acquisition Regulation (FAR) and the Department of the Interior Acquisition Regulation (DIAR).

Buy Indian Act Not an SBA Program

20

The Department of Defense (DoD) Indian Incentive

Program (IIP) is designed to encourage the use of

Native businesses by allowing eligible prime

contractors that work with a Native subcontractor at

the DoD to receive a five percent incentive payment.

The program is managed by the DoD’s Office of

Small Business Programs and funding availability is

determined by Congress each fiscal year.

Website includes a IIP FAQ page, templates, an

informational factsheet, a checklist for processing the

request and an informational PowerPoint briefing

about the program.

http://business.defense.gov/Programs/Indian

-Incentive-Program/

DoD Indian Incentive Program Not an SBA Program

21

SBA’s Office of Native American Affairs www.sba.gov/naa

22

Questions

23

24

Dynamic Small Business Search http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm

25

SBA Size Regulations 13 CFR Part 121

HUBZone Regulations 13 CFR 126.616

SBA Certificate of Competency 13 CFR 125.5

Service-Disabled Veteran 13 CFR 125.15(b)

8(a) and SDB Regulations 13 CFR 124.513

Small Disadvantaged Business 13 CFR 124.1002(f)

WOSB Program 13 CFR 127

SBA Prime Contracting 13 CFR 125.2

SBA Subcontracting 13 CFR 125.3

Summary of CFR Regulations

26

A. SBA Government Contracting Area Offices

1. SBA Procurement Center Representatives (PCRs)

2. SBA Commercial Market Representatives (CMRs)

B. SBA District Offices

1. Business Opportunity Specialists (BOS)

C. SBA Regional Offices

D. SBA Headquarters

Types of SBA Contacts and Offices

27

Six SBA Government Contracting Areas https://www.sba.gov/content/pcr-directory

28

1. Size protests (with recertification) FAR 19.302

13 CFR 121.1001

13 CFR 121.1010

2. Locating nearest SBA staffer FAR 19.4

3. Certificate of Competency FAR 19.6

13 CFR 125.5

4. COC Limitations on Subcontracting Compliance

FAR 19.601

13 CFR 125.6(f)

5. Receiving copies subcontracting plans

FAR 19.705-6

A. SBA Quick Reference - SBA Area Offices

29

FAR 19.402 Small Business Administration procurement center

representatives. (a)(1) The SBA may assign one or more

procurement center representatives to any contracting activity or

contract administration office to carry out SBA policies and

programs…

(2) If a SBA procurement center representative is not assigned to the

procuring activity or contract administration office, contact the SBA

Office of Government Contracting Area Office…..

(b) Upon their request and subject to applicable acquisition and

security regulations, contracting officers shall give SBA procurement

center representatives….access to all reasonably obtainable

contract….

B. SBA Quick Reference - SBA Procurement Center Representatives(PCRs)

30

1. SBA PCR coordination records FAR 19..501(b) 13 CFR 125.2 2. Small business set-aside appeals FAR 19.505 13 CFR 125.2(b)(7) 3. HUBZone set-aside appeals FAR 19.1305 FAR 19.1306 13 CFR 126.61 4. SDVOSB set-aside appeal FAR 19.1405 FAR 19.1406 13 CFR 125.22 5. Reporting bundling to SBA (MATOCs) FAR 19.202-1(e)(1) 13 CFR 125.2 6. SBA subcontracting plan reviews-copies FAR 19.705-5(3) 13 CFR 125.2(b)(6)(iii) FAR 19.705-6(c) 13 CFR 125.2(b)(6)(iii)(C) 7. SBA subcontracting program review FAR 19.707(4) 13 CFR 125.2(b)(6)(iii)(C) 8. Small business TFD FAR 49.402-3 (e)(4)) (Termination for default) 9. Surveillance review of agency contracting FAR 19.402(c)(5)

B. SBA Quick Reference SBA PCRs, cont.

31

Agency Form Title

1 Commerce CD 570 Small Business Set-aside Review

2 Defense 2579 Small Business Coordination Record

3 Energy 4220.2 Small Business Review Form

4 GSA 2689 Small Business Analysis Record

5 HHS 653 Small Business Review Form

6 Homeland Security 700-22 Small Business Review Form

7 Interior 1886 Acquisition Screening and Review Form

8 Labor DL1-2004 Small Business Procurement Determination

9 NASA NF 1787 Small Business Review Sheet

10 State DS-1910 Small Business Clearance Form

11 Transportation 4250 Small Business Program Review Form

12 USDA AD-1205

Small Business Program – Procurement

Review

13 VA 2268

Procurement Request Review For Small

Business Programs and Contract Bundling

Small Business Coordination Forms Sent To SBA PCRs

32

19.705-6 Postaward responsibilities of the contracting officer. …:

(a) Notifying the SBA of the award by sending a copy of the award document to

the Area Director, Office of Government Contracting, in the SBA area

office where the contract will be performed.

(c) Giving to the SBA procurement center representative….a copy of—

(1) Any subcontracting plan submitted in response to a sealed bid

solicitation; and

(2) The final negotiated subcontracting plan that was incorporated into a

negotiated contract or contract modification.

(d) Notifying the SBA procurement center representative…. of the opportunity to

review subcontracting plans in connection with contract modifications.

Document that you have provided SBA Area Directors with copies of subcontracting plans

33

1. Prime contractor portfolio management 13 CFR 125.3

2. Reviews of subcontracting plan holders 13 CFR 125.3

3. Matchmaking 13 CFR 125.3

4. SBA SUB-Net link at: http://www.sba.gov/content/sub-net

5. SBA Subcontracting Opportunities Directory link at:

http://www.sba.gov/subcontracting-directory

6. “SBLO Handbook” link at: http://www.sba.gov/content/small-

business-liaison-officer-handbook

C. SBA Quick Reference - SBA Commercial Market Representatives (CMRs) link at: https://www.sba.gov/content/cmr-directory

34

Link to district offices at: http://www.sba.gov/about-offices-list/3

D. SBA Quick Reference – SBA Regional and District Offices

35

To locate SBA 8(a) business development servicing

office, check Dynamic Small Business Search at the link:

http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm and then

local resources at the link http://www.sba.gov/tools/local-

assistance/districtoffices

D. SBA Quick Reference - SBA District Offices, cont.

36

1. HUBZone status protests FAR 19.306

13 CFR 126.801

2. NAICS code appeal FAR 19.30 3

13 CFR 121.1103

3. Non-manufacturer rule waivers FAR 19.102(f)(1)-(7)

13 CFR 121.1204

4. SDVOSB status protest FAR 19.307

13 CFR 125.23

5. WOSB Program status protest FAR 19.308/13 CFR 1275.600

E. SBA Quick Reference - SBA Headquarters

37

The preferred and most expeditious method for asking questions and submitting waiver requests is by e-mail to nmrwaivers@sba.gov.

NMR Program Office

38

Find your PCR at https://www.sba.gov/content/pcr-directory