505.480.8888


33-B Arroyo Cuyamungue
Santa Fe, NM 87506

Super 8(a)

The Nambé Pueblo Holding Company (NPHC) is a federally chartered tribal business corporation

approved by the U.S. Small Business Administration (SBA) 8(a) Business Development Program, 

as authorized by Section 17 of the Indian Reorganization Act.

The corporation has Small Disadvantaged Business and HUB Zone Status.

The company is owned and operated by the Pueblo of Nambé and has a SBA 8(a) status.

WORKING WITH A NATIVE AMERICAN CORPORATION


Nambé is uniquely positioned as a small business capable of bringing high quality, timely, and cost effective services to the U.S. Federal Marketplace. As an as an SBA 8(a), 100% Native American/Tribally-Owned Corporation, Nambé is exempt from competitive thresholds and able to receive a sole source awards up to $20M without Justification and Authorization. Finally, contracts sole sourced to NACs cannot be protested.

This allows the U.S. Federal Government the opportunity to ensure success is guaranteed and not delayed due to solicitation protests. This acquisition strategy can save time and ultimately money with little to no gap in operational capacity.

LEVERAGING A TRIBALLY-OWNED BUSINESS:

  • NACs are always considered Small Disadvantaged Businesses (SDBs).

  • NACs can receive sole source contracts in excess of $4.5M (13CFR124.506(b)).

  • Sole source contracts below $22M do not require a J&A per Section 811.

  • Awards cannot be protested (13CFR124.517(a)).

  • NACs can have direct negotiations with the Government (13CFR124.503(c)(2)).

 


SISTER SUBSIDIARY PERFORMANCE UTILIZATION (GOA 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.

 


INDIAN INCENTIVE PROGRAM (25 U.S.C. § 1544)

  • 5% payment of the amount subcontracted to tribal firms.

  • The Indian Incentive Program, based on Section 504 of the Indian Financing Act of 1974 (25 U.S.C. § 1544), provides for the payment of 5% of the amount subcontracted to Nambé Construction, a Tribally-owned organization, when authorized under the terms of the contract. 

  • DoD contracts with prime contractors that contain FAR 52.226-1, Utilization of Indian Organizations and Indian-Owned Economic Enterprises, are eligible for these incentive payments so long as the prime contract amount is over $500,000 and involves the expenditure of appropriated funds.

NATIVE AMERICAN SBA “SUPER” 8(a)
 

There are unique advantages for Tribal-owned 8(a) enterprises through the SBA 8(a) program. 
 

  • Tribally owned 8(a) companies are exempt from some of the restrictions applicable to other SBA 8(a) small disadvantaged businesses. Because of the regulatory exemptions, these companies can achieve a status known as “Super 8(a) status”.
     

  • 13CFR124.506(b): Tribally owned 8(a) companies can receive no bid, sole source contracts of any value, and the size standard limitations do not apply.
     

  • 13CFR124.517(a): Contracts award cannot be protested. Sole source contracts below $22M do not require Justification & Approval per Section 811. Sole-source procurements to Tribes may NOT be protested, because there is NO injured party. The eligibility of a Participant for a sole source or competitive 8(a) contract may NOT be challenged by another Participant or any other party, either before SBA or any administrative forum as part of a bid or other contract protest.
     

  • 13CFR124.503(c)(2): Tribally owned companies can have direct negotiations with the Government.
     

  • 13 C.F.R. 124.506(b): 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 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. There is no requirement that a procurement must be completed whenever possible before it can be accepted on a sole source basis for a tribally-owned concern, but a procurement may not be removed from competition to award it to a tribally-owned concern on a sole source basis.
     

  • 13 C.F.R. 124.108© and 112(c)(3). Tribes may have as many 8(a) companies as they wish, so long as each firm is in a different primary NAICS Code.
     

  • 13 C.F.R.124 109(b)(2). The CEO of a Tribal firm must be a member of an economically disadvantaged Tribe.
     

  • 13CFR 124.109(c)(6)ii: These enterprises can waive the 2-year minimum requirement for having been in business if they can provide an acceptable business plan. This business plan must indicate that the business can meet the performance requirements for SBA 8(a) companies.
     

  • DFARS Clause 252.226-7001: The Indian Incentive Program (IIP) is a congressional sponsored program that provides a 5% rebate back to the prime contractor on the total amount subcontracted to an Indian-Owned Economic Enterprise or Indian Organization. Through the generation of subcontracts to the above mentioned entities, the IIP fulfills its purpose as an economic multiplier for Native American communities. Department of Defense (DoD) prime contractors, regardless of size of contract, that contain the above referenced clause(s) are eligible for incentive payments.
     

  • These companies may organize and operate multiple 8(a) companies without regard to affiliation, provided that the NAICS codes are unique to each company.
     

  • A-76 Program: Special Rights. Section 8014 of the FY 98 Defense Appropriations Act, 105-56. (qualified firm under 51% Native American ownership)
     

  • Tribal 8(a) enterprises are not subject to the affiliation rules regarding size standard determinations by the SBA.
     

  • Companies that have at least 51% ownership by a tribe are considered to be socially and economically disadvantaged without a formal explanation required.
     

  • The US government can directly outsource non-inherently governmental services to a trbal 8(a) enterprise without a study or cost comparison.
     

  • Tribally owned enterprises or Native American-owned enterprises that are located within “Indian Country” are automatically eligible for HUBZone certification. The HUBZone Empowerment Contracting Program helps to stimulate economic development by providing Federal contracting preferences to small businesses that have obtained HUBZone certification.
     

  • The Justice Department has determined that Tribal-owned 8(a) firms are not subject to the U.S. Supreme Court’s ruling in the Adarand case. (no limitations that may end up being imposed on the SDB and 8(a) programs) (government to government relationship) Indian Tribes to U.S.).