Working With a Native American Corporation

Waséyabek Federal Services, LLC (WFS) is a 100% Tribally-owned, U.S. SBA 8(a), small, disadvantaged business of Waséyabek Development Company, LLC (WDC). As a Native American Corporation (NAC), WFS 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.
  • 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
  • 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 (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 Waséyabek Federal Services, 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.
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