Teaming With Tribally Owned 8(a) Businesses US Federal Government Contracting Webinar Series - 2016 Presented By: Mark Amadeo JUNE 6, 2016

(All Webinars are at 12pm EST & Recorded) 2016 US Federal Government Contracting Webinar Series CALENDAR OF EVENTS: (All Webinars are at 12pm EST & Recorded) JUNE 1 - Maximizing The Value of Your GovCon Business  https://attendee.gotowebinar.com/register/74156936435694851 JUNE 2 - Capture Planning - To Bid Or Not To Bid  https://attendee.gotowebinar.com/register/7051206926535220483  JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable  https://attendee.gotowebinar.com/register/7352313683359938307 JUNE 6 - Teaming With Tribally Owned 8(a) Businesses https://attendee.gotowebinar.com/register/4324839202604449539 JUNE 7 - Color Reviews For Successful Proposals  https://attendee.gotowebinar.com/register/3973323136181419267 JUNE 8 - Preparing The FSO for a DSS Audit  https://attendee.gotowebinar.com/register/423786240906737667 JUNE 9 - Life After 8(a) - Best Practices & Case Study  https://attendee.gotowebinar.com/register/6473232146721067779 JUNE 10 - The Politics Of Procurement   https://attendee.gotowebinar.com/register/3924758807094447107  JUNE 13 - Contract Administration - Best Practices  https://attendee.gotowebinar.com/register/2132047978959217667 JUNE 14 - So You Have A Facility Clearance, Now What?  https://attendee.gotowebinar.com/register/9028972158695833091 JUNE 15 - Unsolicited Proposals - Why, What & How. https://attendee.gotowebinar.com/register/4729436391901262849 JUNE 17 - SBIR's - The Good, The Bad & The "How" https://attendee.gotowebinar.com/register/6337198369128857857

2016 US Federal Government Contracting Webinar Series AGENDA

2016 US Federal Government Contracting Webinar Series AGENDA: Introduction – HOST Introduction - GUEST Presentation Conclusions Q & A

2016 US Federal Government Contracting Webinar Series INTRODUCTION Host

2016 US Federal Government Contracting Webinar Series Jennifer Schaus About The Host * Approx 20 Yrs in Gov Contracting * Career: D&B (Govt Division) Federal Sales & GSA Scheds * Frequent Speaker: Chambers, NCMA, AFCEA, etc * Member: WIPG * Education: Towson University – B.A. UC Berkeley - Leadership Accelerator Cornell University - Exec Leadership

Jennifer Schaus & Associates 2016 US Federal Government Contracting Webinar Series Jennifer Schaus Jennifer Schaus & Associates * DC Based Consulting Firm * Over 10 Yrs in Business * Support Services for Gov Cons Proposal Writing / Contract Vehicles (GSA) Sales & Biz Dev Certifications – SBA 8(a); SDVO; etc. Events

2016 US Federal Government Contracting Webinar Series INTRODUCTION Mark A. Amadeo

2016 US Federal Government Contracting Webinar Series Mark A. Amadeo ABOUT OUR SPEAKER Over 20 years of experience as government counsel & law firm counsel Before starting boutique law firm, was a partner at DC law firm LL.M. Georgetown University Law Center; J.D. University of Wisconsin Law School; B.A. Boston College Member of several business, government contracting & technology groups in DC, Maryland & Virginia

2016 US Federal Government Contracting Webinar Series Mark Amadeo Amadeo Law Firm, PLLC Offices in DC, Bethesda & Frederick Litigation background helps avoid pitfalls Focus on Government Contracting & Technology Government Contracts Review/negotiation: FAR/DFARS compliance Pre & Post Award Teaming: JV’s & Subcontracts Technology: IP preservation & commercialization

Teaming With Tribally Owned 8(a) Businesses 2016 US Federal Government Contracting Webinar Series PRESENTATION Teaming With Tribally Owned 8(a) Businesses

2016 US Federal Government Contracting Webinar Series GAO Statistics Federal dollars obligated to Tribal 8(a)’s 2005: $2.1 billion 2010: $5.5 billion Tribal 8(a)’s were only 6.2% of 8(a) companies, but accounted for almost one third of 8(a) obligations in 2010

2016 US Federal Government Contracting Webinar Series Distinction 8(a) businesses owned by Native American individuals 8(a) businesses owned by Native American tribes

Tribally-Owned Concern (TOC) 2016 US Federal Government Contracting Webinar Series Tribally-Owned Concern (TOC) 51% owned by Indian Tribe Directly Through Wholly Owned Entity Corporate Entities 51% voting stock 51% all classes Non-Corporate Entities 51% interest

Must Meet 8(a) Requirements 2016 US Federal Government Contracting Webinar Series Must Meet 8(a) Requirements Small Unconditionally Owned and Controlled Tribe must be socially, economically disadvantaged Demonstrated potential for success

Unique Application of Requirements To 8(a) TOC’s 2016 US Federal Government Contracting Webinar Series Unique Application of Requirements To 8(a) TOC’s Small For purposes of 8(a) Program, broad affiliation exception: no affiliation among Tribally-owned entities (unless creates substantial unfair competitive advantage). Outside the 8(a) Program – e.g., small business set asides – limited exception: no affiliation based on common ownership or common management, or performance of common administrative services.

Unique Application of Requirements To 8(a) TOC’s 2016 US Federal Government Contracting Webinar Series Unique Application of Requirements To 8(a) TOC’s Ownership Tribes may own unlimited number of 8(a)’s not in primary line of business as an 8(a) applicant or of 8(a)’s with a secondary line of business that is the same as the 8(a) applicant’s primary line of business Tribes may own up to 50% of another 8(a) that is in the same primary line of business as 8(a) applicant

Unique Application of Requirements To 8(a) TOC’s 2016 US Federal Government Contracting Webinar Series Unique Application of Requirements To 8(a) TOC’s Potential For Success In operation for two years or Managers have substantial technical experience, TOC has record of successful government or nongovernment contract performance, & TOC has adequate capital Written commitment of support from Tribe

For 8(a) TOC’s & Teaming Partners 2016 US Federal Government Contracting Webinar Series Unique Opportunities For 8(a) TOC’s & Teaming Partners Sole Source Awards of Unlimited Value No Protests Based on Participant Eligibility 8(a) TOC’s eligible for direct outsourcing without study or cost comparison

For 8(a) TOC’s & Teaming Partners 2016 US Federal Government Contracting Webinar Series Unique Benefits For 8(a) TOC’s & Teaming Partners Prime Contractors – SB/SDB subcontracting goal credit regardless of 8(a) TOC size DoD – 5% compensation rebate Benefits of large business resources

Example of Organizational Structure 2016 US Federal Government Contracting Webinar Series Example of Organizational Structure Tribe Holding Company 8(a) TOC Logistics Real Estate 8(a) TOC IT Construction

SBA’s Proposed Changes 2016 US Federal Government Contracting Webinar Series SBA’s Proposed Changes Common Administrative Services Clarification of limitations on day-to-day managers of multiple Tribal 8(a)’s

2016 US Federal Government Contracting Webinar Series CONCLUSIONS

CONCLUSIONS 2016 US Federal Government Contracting Webinar Series Unique Small Business Contracting Opportunities For Tribally Owned 8(a)’s & Their Teaming Partners Potential for large sole-source awards Rare opportunity for subsidiary of a large business Access to “large business” type network & resources

2016 US Federal Government Contracting Webinar Series Q & A

------------------------------ CONTACT DETAILS Ms. Jennifer L. Schaus Washington DC + 1 - 2 0 2 – 3 6 5 – 0 5 9 8 jschaus@jenniferschaus.com www.JenniferSchaus.com ------------------------------ Mr. Mark A. Amadeo Washington, DC (202) 640-2090 mamadeo@amadeolaw.com www.amadeolaw.com

(All Webinars are at 12pm EST & Recorded) 2016 US Federal Government Contracting Webinar Series CALENDAR OF EVENTS: (All Webinars are at 12pm EST & Recorded) JUNE 1 - Maximizing The Value of Your GovCon Business  https://attendee.gotowebinar.com/register/74156936435694851 JUNE 2 - Capture Planning - To Bid Or Not To Bid  https://attendee.gotowebinar.com/register/7051206926535220483  JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable  https://attendee.gotowebinar.com/register/7352313683359938307 JUNE 6 - Teaming With Tribally Owned 8(a) Businesses https://attendee.gotowebinar.com/register/4324839202604449539 JUNE 7 - Color Reviews For Successful Proposals  https://attendee.gotowebinar.com/register/3973323136181419267 JUNE 8 - Preparing The FSO for a DSS Audit  https://attendee.gotowebinar.com/register/423786240906737667 JUNE 9 - Life After 8(a) - Best Practices & Case Study  https://attendee.gotowebinar.com/register/6473232146721067779 JUNE 10 - The Politics Of Procurement   https://attendee.gotowebinar.com/register/3924758807094447107  JUNE 13 - Contract Administration - Best Practices  https://attendee.gotowebinar.com/register/2132047978959217667 JUNE 14 - So You Have A Facility Clearance, Now What?  https://attendee.gotowebinar.com/register/9028972158695833091 JUNE 15 - Unsolicited Proposals - Why, What & How. https://attendee.gotowebinar.com/register/4729436391901262849 JUNE 17 - SBIR's - The Good, The Bad & The "How" https://attendee.gotowebinar.com/register/6337198369128857857