Working With a Native American Corporation
Baker Engineering is a 100% Tribally-owned, Native American SBA 8(a) small business of the Waseyabek Development Company, LLC. As a Native American Corporation (NAC), Baker Engineering is afforded unique federal contracting advantages.
Leveraging a Tribally-Owned Business:
- NACs are always considered Small Disadvantaged Businesses (SDBs) as subcontractors, regardless of NAICS code.
- Can received direct-award contracts up to $22 million (and up to $100 million at the Department of Defense) without justification and authorization (13CFR§124.506(b)(5) and National Defense Authorization Act (NDAA))
- Sole source contracts below $22 million do not require a J&A per Section 811
- Sole Source awards cannot be protested (13CFR124.517(a))
- NACs can have direct negotiations with the Government (13CFR124.503(c)(2))
Sister Subsidiary Performance Utilization (GAO Rulings)
- Past Performance of a parent or affiliated company can be attributed to the offeror where the proposal demonstrates that the resources of the parent or affiliated company will affect the performance of the offeror.
- The proposal must demonstrate that the workforce, management, facilities, or other resources of the affiliate may affect contract performance by the offeror, including a commitment to make key personnel available for the project.
- The proposal may also show a commitment by the parent organization to provide sufficient financial resources to the project.