Native and Tribal programs for economic development

Transcription

1 Native and Tribal programs for economic development

2 FACC PTAC - Located in the Oneida Skenandoah Complex - Serve Tribal and Native Owned Businesses - 7 States: IA, MI, MN, WI, ME, MA, NY - Helped Native owned business to get over $6M in Federal contracting in 2012.

3 Department of Defense INDIAN INCENTIVE PROGRAM The Department of Defense (DoD) Indian Incentive Program (IIP) is designed to encourage the use of Indian Organizations, Indian-Owned Economic Enterprises, Alaska Native Corporations and Native Hawaiian Small Business Concerns by providing an incentive to prime and sub-tier contractors who subcontract with Indian Organizations, Indian-Owned Economic Enterprises, Alaska Native Corporations and Native Hawaiian Small Business Concerns. The program is managed by the Department of Defense (DoD) Office of Small Business Programs (OSBP). Funding availability is determined by congress each fiscal year. Contracting Activities do not need to provide any funding for this program. Once approved, the contract is modified to authorize payment of the incentive. The Indian Incentive Program allows prime and sub-tier contractors to receive a rebate of 5% of the total amount subcontracted to Indian Organizations, Indian-Owned Economic Enterprise and Native Hawaiian Small Business Concerns. Prime and sub-tier contractors must formally request the rebate by submitting a letter to the contracting officer along with the supporting documentation proving the amount paid to Indian Organizations/Enterprises or Native Hawaiian Small Business Concern.

4 Buy Indian Act 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.

5 Buy Indian Act Oldest of the Indian Preference laws on the books, adopted in 1910 Applies to Bureau of Indian Affairs and Indian Health Services agencies Applies to direct contracts let by these two agencies

6 Buy Indian Act IHS BUY INDIAN POLICY Overview. This section addresses IHS policy regarding the procurement of supplies and services under the authority of Section 23 of the Act of June 25, 1910, Public Law (25 U.S.C. 47), commonly referred to as the Buy Indian Act. Federal regulations governing IHS use of the Buy Indian Act are under the PHSAR, Subpart Acquisitions under the Buy Indian Act. The Buy Indian Act under 25 U.S.C. 47 provides that: So far as may be practicable, Indian labor shall be employed, and purchases of the products of Indian industry may be made in open market at the discretion of the Secretary of the Interior. The Buy Indian Act is not an authority to contract. Rather, the Buy Indian Act provides the authority to negotiate with Indian entities to the exclusion of non-indian entities. The authority is discretionary. The Secretary of HHS does not have to use it. However, as noted in Subsection B, which follows, it is the policy of the IHS to utilize this negotiation authority to the maximum extent possible. The purpose of Buy Indian set-asides is to award certain acquisitions exclusively to Indian-owned economic enterprises. The determination to use a Buy Indian set-aside is a unilateral determination made by the CO; however, in making this determination, the CO should consider the recommendations of program officials, and the IHS SADBUS and SBTA. Buy Indian set-asides may be conducted by using Sealed bidding (see FAR Part 14) or competitive proposals (see FAR Part 15). Authority for the Indian Health Service to use the Act was transferred to the Surgeon General of the Public Health Service by the Act of August 5, 1954; and later to the Secretary of Health, Education, and Welfare, effective June 25, 1966, under Reorganization Plan No. 3 of (See PHSAR (b) for a more detailed narrative of the delegations of authority to use the Act.) IHS Policy. The current policy of the Indian Health Service is to use the authority provided by the Buy Indian Act whenever it is practical to do so. (See PHSAR (a).) It is also current IHS policy to negotiate only with Indian firms that are 100 percent Indian-owned and that remain 100 percent Indian-owned during the life of the contract. Failure of a firm to remain 100% Indian-owned during the life of the contract is a breach of contract and may result in termination for default. Before taking such action, however, the CO must determine the reason for the change in ownership and prepare a written finding and determination. The CO also shall consult with the PORA before terminating the contract. Deviation from the 100 percent requirement may be approved on a case-by-case basis by the cognizant Awarding Office Director. The need for a deviation must be justified and the percentage of Indian ownership cannot be reduced to less than 51%. Joint ventures are permitted for specific projects. In such cases, the Indian firm must be the managing partner and must be approved as such by the CO before the contract is awarded. It is also IHS policy that there be Indian preference in employment, training, and subcontracting. (See Section 7(b) of Public Law and PHSAR and )

7 Buy Indian Act

8 US department of commerce Office of Native American Business Development (ONABD) Missions Include: Tribal Liaison Tribal Consultation Economic Development: serves as the facilitator of the Office of Native American Business Development by assisting and consulting with Indian Country in leveraging the combined efforts of the federal programs, tribal governments, private sector businesses and financing in order to promote economic growth for Tribes and Native Americans.

9 US Department of Health and Human Services ANA administration for Native American ANA promotes self-sufficiency for Native Americans by providing: discretionary grant funding for community based projects training and technical assistance to eligible tribes and native organizations.

10 Federal Agencies Native American Offices and Program Department of Agriculture (USDA) Office of Tribal Relations - This office serves as the USDA s primary contact point for Tribal issues. The office is responsible for government-to-government relations, Tribal consultation, Alaska Native Claims Settlements Act, and other related issues. Rural Development - This office supports economic development in American Indian and Alaska Native communities through a variety of financial programs and technical assistance. Department of Commerce (USDC) Minority Business Development Agency - MBDA actively promotes the strategic growth and expansion of minority business enterprises (MBEs) by offering management and technical assistance through a nationwide network of over 40 business centers. loan guarantee for enrolled members of federally recognized tribes or for Tribally Designated Housing Entities. Department of the Interior (DOI) Office of Indian Energy & Economic Development (IEED) - IEED operates a guaranteed loan program in which banks, CDFIs, and other lenders may participate to further economic development activity in Indian Country. Indian Loan Guarantee Program - This program guarantees up to 90 percent of a loan made to an Indian-owned business. The maximum guaranty is $500,000 for individual tribal members, but can go higher for tribes and tribal enterprises. This is a rebate to the borrower (under the guarantee program) of the difference between the bank's interest rate and the rate set for Indian loans by the U.S. treasury, for up to five years. Federal Loan Programs for Economic and Community Development throughout Indian Country and Alaska - This matrix provides useful information on loan and grant programs available from federal agencies. Small Business Administration (SBA) Office for Native American Affairs - The SBA s Office of Native American Affairs seeks to ensure that American Indians, Native Alaskans and Native Hawaiians seeking to create, develop and expand small businesses have full access to the necessary business development and expansion tools available through the Agency s entrepreneurial development, lending and procurement programs. U.S. Treasury Fund s Native Initiative Programs, Community Development Financial Institutions (CDFI) - The CDFI Fund's Native Initiatives are designed to increase the access to credit, capital and financial services in Native Communities through the creation and expansion of Native CDFIs. Minority Bank Deposit Program (MBDP), Financial Management Service - The MBDP is a voluntary program designed to encourage federal agencies, state and local governments, and the private sector to use MBDP participants as depositaries and financial agents.

11 Tribal Liaisons Contacts for all agencies can be found at Department of Commerce SBA Dee Alexander, Senior Adviser on Native American Affairs for the Office of the Secretary Christopher James, Assistant Administrator for the Office of Native American Affairs Phone: DoD - Native American Affairs David Sanborn, senior advisor and liaison for the Native American Affairs

12 Future event 2nd Annual Building your Capacity with Federal Contracts A Regional Conference for Native, Tribal, and Rural Businesses January 29, Green Bay, WI Facility: Radisson Hotel and Conference Center Address: 2040 Airport Drive City: Green Bay, WI Event Contact: Adam Warpinski Contact [email protected]

13 More Information Benjamin Blanc FACC PTAC Procurement Specialist office # Cell # [email protected]