RE: Week 4 Discussion                       

From the e-Activity, examine the requirements and qualifications for Native American contracts. Next, compare the Native American contracts to another category of small business’ contracts and the dollar amounts (e.g., HUBZone, 8(a), etc.), as found in the callout box on the left-hand side of the e-Activity’s Web page. 

Native-owned small businesses are usually required to meet certain minimally required standards and requirements to qualify for awards under government contracts. These Native owned businesses may not necessarily be set aside and certified by the Small Business Administration but do generally fall under certifications and considerations of socially and economically disadvantaged under the nine-year 8(a) Business Development Program., since they are  presumed to be socially disadvantage. By this statue, Native owned businesses are able to meet certain federal government requirements for contract awards. There are still hurdles these Native entities must overcome though and requirements that range from: 

A   SBA 8(a) Program - Requiring Companies to have at least 50% of the equity owned by an Indian or Alaskan Native Tribe,

B   Must meet qualification of “American Indian–Tribally Owned Concern”, for Small Disadvantaged Business” (SDB), a classification that allows the federal government to award contracts to qualified firms on a “sole-source” basis beyond the standard $3 million 8(a) limitation.

C   Must meet affiliation rules that are normally applicable to size standard determinations by the SBA.

D   Must meet standards that are very similar to “historically underutilized business (HUB) zones,” encouraging economic and employment growth on reservations.

Unlike traditional small businesses seeking government contracts, Native American government contracts are subject to CFR 124.506 which addresses exemption from competitive thresholds for Participants owned by Indian tribes. SBA may award a sole source 8(a) contract to a Participant concern owned and controlled by an Indian tribe or an ANC Where the anticipated value of the procurement exceeds the applicable Competitive threshold if SBA has not accepted the requirement into the 8(a) BD program as a competitive procurement, a privilege other small business categories do not enjoy. Other differences between the traditional 8(a) company and the unique Native American rules for super 8a firms include considerations such as:

1) Native American contracting laws allow for 8a contractors to be eligible for the large sole-source contracts, they can also select whomever they want to manage the 8(a), whereas individual owners must manage the 8(a) on their own. Native corporations must have Boards of Directors, which oversee the 8(a) management team as well as other issues, such as preservation of their culture and distribution of tribal owner benefits.

2) All 8(a)s, including Native corporations, are limited to 9 years in the program.

3) Native corporations can have multiple 8(a)s, but no two subsidiaries can be in the same primary industry code. The reason for this is that Native 8a government contractors provide benefits to their tribal owners and community.

 Determine the possible uses for a commercial-item format to be used in a government contract. Create a scenario in which a commercial-item format would be appropriate. 

Commercial-item acquisition is formatted in accordance with FAR 12.303 (Contract Format). This format is required for use of acquisitions that are expected to exceed the simplified acquisition threshold. A typical Commercial-item format will follow the below order:

Section A: the cover sheet, Standard Form 1449, Solicitation/Contract Order for Commercial Items

Section B: the continuation of blocks 10, 18B, 19, 20 and 25 of SF-1449 if more information is required

Section C: the commercial contract clauses required by FAR 12.301

Section D: any required contract documents, exhibits or attachments

Section E: the solicitation provisions required by FAR 12.301

FAR 12.301 provide provisions and clauses for the acquisition of commercial items. It is important for acquisition professionals to understand the complexities and definitions of “commercial” and “non-developmental items” as defined in the FAR when invoking the commercial-acquisition format for use. A possible scenario in which a commercial-item format can be used will be for the acquisition of commercial items that are offered and sold commercially in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed under standard commercial terms and condition. As in the purchase of copiers, shredders, utility services and other essential items used for everyday government or agencies operations.

COLLAPSE

"Federal Small Business Program" Please respond to the following:

•   From the e-Activity, examine the requirements and qualifications for Native American contracts. Next, compare the Native American contracts to another category of small business’ contracts and the dollar amounts (e.g., HUBZone, 8(a), etc.), as found in the callout box on the left-hand side of the e-Activity’s Web page. 

Determine the possible uses for a commercial-item format to be used in a government contract. Create a scenario in which a commercial-item format would be appropriate.