1. Copyright © 2016 Holland & Knight LLP. All Rights Reserved Tribal and ANC 8(a) Concerns: Legal and Practical Considerations in Managing Multiple Small Business Subsidiaries Presented by: Walter T. Featherly, Robert K. Tompkins, and Sarah M. Curtis February 9, 2016 National 8(a) Association Winter Conference - Orlando

2. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Topics to be Covered »Review of statutory eligibility of Tribes and ANCs as M&EDBEs »SBA 8(a) rules applicable to Tribes and ANCs that own and manage multiple subsidiary companies, including subsidiary companies that are certified in the 8(a) program or otherwise are small businesses »SBA’s proposed changes to the Small Business and 8(a) Rules – what you should be doing now »Bid, proposal and protest considerations 2

3. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Why Subsidiaries? »Multiple entities vs. a single company with divisions »Why multiple entities? ˗ Government program requirements (i.e., SBA 8(a)) ˗ Risk management (i.e., corporate veil or limited liability for LLCs) … BUT … ˗ Consider function over form ˗ Multiple entities does not mean multiple or duplicative staffs/systems/governing boards ˗ Business concerns should be addressed first; typically only minor adjustments to structure are needed to meet SBA requirements and corporate veil concerns 3

4. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 8(a) Eligibility for Tribal and ANC-Owned Entities »Tribes and ANCs share most eligibility requirements and enjoy several common privileges in the 8(a) and small business contracting programs, including: ˗ The ability to own multiple 8(a) entities ˗ The ability to have shared management and administrative services »But there are some important distinctions between their eligibility requirements 4

5. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Social and Economic Disadvantage - Tribes »8(a)s have “socially and economically disadvantaged ownership” »Tribes are presumed to be “socially disadvantaged” »However, Tribes must demonstrate “economic disadvantage” (at least for their first 8(a) participant 5

6. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Social and Economic Disadvantage - ANCs »ANCs are presumed to be both socially and economically disadvantaged ˗ If the majority of equity and voting power of an ANC is owned by Alaska Natives and the descendants of Alaska Natives, the corporation is considered for all purposes of Federal law to be a “minority and economically disadvantaged business enterprise” »The same is true of direct and indirect subsidiaries, joint ventures, and partnerships of ANCs. That is, if an ANC has the majority equity and voting power of the subsidiary, joint venture, or partnership, then it is considered to be a “minority and economically disadvantaged business enterprise” Section 29(e) of the Alaska Native Claims Settlement Act [43 U.S.C. 1626(e)] 6

7. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Ownership Issues – Tribes and ANCs »The Tribe/ANC must unconditionally own at least 51% of the voting stock and at least 51% of the aggregate of all classes of stock of an 8(a) applicant or entity. For non-corporate entities, a Tribe/ANC must unconditionally own at least a 51% interest. »The treatment of holding companies is different ˗ ANCs may have multiple layers of holding companies ˗ Tribes may only have a single layer of holding company between the Tribe and the 8(a) 7

8. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Control & Management in the 8(a) Program - Tribes »13 CFR 124.109(c)(4) Control & Management ˗ (i) The management and daily business operations of a tribally-owned concern must be controlled by the Tribe ˗ (A) Management may be provided by committees, teams of boards of directors which are controlled by one or more members of an economically disadvantaged Tribe, or ˗ (B) Management may be provided by non-Tribal members if concern can demonstrate that the Tribe can hire and fire those individuals, and that it will retain control of all management decisions common to boards of directors, including strategic planning, budget approval, and employment and compensation of officers 8

9. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Control & Management - ANCs »ANCs are not required to utilize shareholders or tribal members for management »However, both ANCs and Tribes are limited in the number of 8(a) entities (two) an individual manager can manage on a day-to-day basis by statute »SBA looks beyond corporate formalities to determine whether the individuals actually manage the daily operations of the 8(a) 9

10. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 8(a) Entities must be Distinct Legal Entities and be Small »For both ANCs and Tribes, they must establish legally distinct entities that then participate in the 8(a) program »Those must be organized for profit entities, and susceptible to suit (tribally-owned entities must waive sovereign immunity) »These entities must qualify as a small business under the applicable size standard for their primary industry (industry is defined by the North American Industrial Classification System (NAICS) codes) »As discussed below, both ANCs and Tribes can own multiple entities and manage them in a coordinated way 10

11. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 SBA 8(a) Rules Applicable to Tribes and ANCs that Own and Manage Multiple Subsidiary Companies, Including Subsidiary Companies that are Certified in the 8(a) BD Program or as a Small or Small Disadvantaged Business 11

12. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Management of Multiple Subsidiaries »ANCs and Tribes may have more than one subsidiary (directly-owned or owned through a wholly-owned “holding company”) »Each 8(a) participant must have a unique service line and primary NAICS code »Program intent is for 8(a) participants to diversify with different lines of business, not to perpetuate contracts through different entities »Once an 8(a) participant graduates, there is a 2- year waiting period before another 8(a) applicant may use same primary NAICS code 12

13. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Subsidiaries must be Small Businesses »Each 8(a) subsidiary must be “small” ˗ SBA defines “small” differently for different industries based on the economics of those industries ˗ Generally, manufacturing businesses are subject to an employee-based size standard; service contracts, including construction, are subject to total receipts- based size standards 13

14. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Subsidiaries must be Small Businesses (cont’d) »The different industries are broken down based on the NAICS codes, and each NAICS code has its own size standard ˗ Size is important at various times, including in determining 8(a) program admission and eligibility, and with respect to any set aside contracts (small, 8(a), etc.) ˗ As a general rule, a business must include the size of its “affiliates” in determining its own size 14

15. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 General Rules of Affiliation »Concerns and entities are affiliates of each other when one controls or has the power to control the other, or a third party controls or has the power to control both. It does not matter whether control is exercised, so long as power to control exists. »SBA considers factors such as ownership, management, previous relationships or ties to other concerns, and contractual relationships in determining whether affiliation exists »Control may be affirmative or negative »SBA considers totality of the circumstances, not one single factor, in determining whether affiliation exists 15

16. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Affiliation Exemptions Applicable to Tribes and ANCs »Tribes and ANCs have two different exceptions or exemptions from the general affiliation rules: one that applies for purposes of the 8(a) program, and a more limited exception that applies for the “small business” set-aside program ˗ In both cases, these exceptions only apply to the Tribe or ANC and other entities owned by the particular Tribe or ANC ˗ They do not create any exception for affiliation with third parties – including individual tribal members or ANC shareholders 16

17. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Exception to Affiliation only within the 8(a) Program »For purposes of the 8(a) program: Tribe (including ANCs) size is determined independently without regard to its affiliation with the Tribe, any entity of the tribal government, or any other business enterprise owned by the Tribe, unless … ˗ The Administrator determines that one or more such tribally-owned business concerns have obtained, or are likely to obtain, a substantial unfair competitive advantage within an industry category 17

18. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Affiliation Exemptions – Small Business Programs »Tribes and ANC-owned firms have a more limited affiliation exemption for small business set-asides ˗ Affiliation will not be found to be based on common ownership and management ˗ Affiliation will also not be found solely upon performance of “common administrative services,” so long as adequate payment is provided for those services ˗ As discussed below, SBA has provided some clarification of what these services might be »Affiliation may be found for other reasons 18

19. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Primary NAICS Restrictions »A Tribe or ANC may NOT own 51% or more of another firm which at the time of application or within the previous 2 years has been operating in the 8(a) program under the same primary NAICS code as the applicant »Tribes and ANCs may own a participant or other applicant that conducts secondary business in the 8(a) program under the NAICS code which is the primary NAICS code of the applicant entity 19

20. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 SBA Efforts to Address “Follow-On” Contracts »Primary SBA Concern: Perceived practice of ANCs passing down a particular government requirement (contract) from one 8(a) it owned to another »A sister 8(a) company may participate in a secondary NAICS code that is the primary code of a sister company, but the rules were revised to preclude an 8(a) company from “receiving” a sole source contract that is a follow-on to an 8(a) contract held by a sister 8(a) company 20

21. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 SBA Efforts to Address “Follow-On” Contracts (cont’d) »Important to proactively monitor NAICS codes to determine whether to graduate early and to consider follow-on capture strategies ˗ Teaming arrangements with Tribes, other ANCs, or individual M&EDBEs ˗ Working with the agency to modify the procurement »Managing primary and secondary NAICS codes for 8(a) subsidiaries vital for any Tribe or ANC 21

22. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 New 8(a) Subsidiaries »Tribes and ANCs must continually germinate, incubate, and hatch new 8(a) subsidiaries »This takes considerable planning and time for many reasons including: ˗ Each Tribe or ANC applicant must possess reasonable prospects for success in competing in the private sector if admitted to the 8(a) program 22

23. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 New 8(a) Subsidiaries (cont’d) »A Tribe or ANC may demonstrate potential for success by any of the following: ˗ It has been in business for at least 2 years; ˗ The individual(s) who will manage and control daily business operations has substantial technical and management experience, the applicant has a record of successful performance in its primary industry category, and applicant has adequate capital; or ˗ The Tribe or ANC parent has made a firm written commitment to support the operations of the applicant concern and has the financial ability to do so 23

24. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Other Issues: Multiple Subsidiaries »Other issues re: ownership & control of multiple 8(a) subsidiaries ˗ The actions of a single subsidiary can be attributed to the parent and sister companies for purposes of suspension and debarment proceedings ˗ The parent company, as well as its officers and board members, are well within the reach of federal auditors and investigators 24

25. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 So, the Challenge facing Tribes and ANCs... »What management, administrative, and organizational structure will best ˗ Promote efficiency among managers and employees ˗ Streamline decision-making process ˗ Comply with current and anticipated regulatory requirements, particularly 8(a) program 25

26. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 SBA’s Proposed Changes to the Small Business and 8(a) Rules 26

27. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Proposed Definition of “Common Administrative Service” »SBA proposes to define “common administrative service” for purposes of affiliation outside the 8(a) program ˗ Common administrative services which are subject to the exception from affiliation include bookkeeping, payroll, recruiting, other human resource support, cleaning services, and other duties which are otherwise unrelated to contract performance or management and can be reasonably pooled or otherwise performed by a holding company or parent entity without interfering with the control of the subject firm 27

28. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Proposed Definition of “Contract Administrative Services” (cont’d) »The proposed rules also define “contract administration services” (i.e., services related to a particular contract) and then distinguish such services that would be considered “common administrative services” under the exception to affiliation and those that would not 28

29. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Proposed Definition of “Contract Administrative Services” (cont’d) »Contract administration services that encompass actual and direct day-to-day oversight and control of the performance of a contract/project are not common administrative services »For example, negotiating directly with the government agency regarding proposal terms, contract terms, scope and modifications, project scheduling, hiring and firing employees, and overall responsibility for the day-to-day and overall project and contract completion are contract administration services that would not qualify as “Common Administrative Services” 29

30. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Proposed Definition of “Contract Administrative Services” (cont’d) »Services that might constitute “administrative services” covered by the affiliation exception ˗ Contract administration services that are administrative in nature would fall within the exception to affiliation. For example: ˗ Record retention not related to a specific contract (e.g., employee time and attendance records) ˗ Maintenance of databases for awarded contracts ˗ Monitoring of regulatory compliance, template development, and assisting accounting with invoice preparation as needed 30

31. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Proposed Clarification re: Business Development Support »SBA proposes to amend regulations to address shared business development services by entity-owned concerns and the extent to which such services fall under the “administrative services” exception to affiliation »SBA has stated that business development services provided to an entity-owned concern by a parent or holding company may fall within the definition of common administrative services 31

32. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Proposed Clarification re: Business Development Support (cont’d) »SBA proposes to incorporate this guidance into its regulations. SBA notes in the proposed rules that the nature and timing of the services must be considered to determine whether they may properly be considered within the administrative services exception to affiliation. 32

33. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Proposed Limitations on Day-to-Day Managers of Entity-Owned Concerns »As discussed above, SBA has identified limitations on day-to-day managers of entity- owned concerns ˗ SBA has stated that for 8(a) eligibility purposes, an individual may not be responsible for day-to-day management of more than two concerns (regardless of whether those concerns are in the 8(a) program) ˗ Language supporting this limitation already appears in the Small Business Act but did not appear in the SBA regulations; SBA proposes to add this provision to the regulations 33

34. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Multiple Subsidiaries: Issues in Bids, Proposals and Protests 34

35. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Bids, Proposals and Protests »An offeror, as an entity, must have sufficient experience, resources and past performance to meet the requirements of the RFP »For set-aside procurements, the entity must meet those specific requirements (8(a), SB-SA) without being unduly reliant on its partners 35

36. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Bids, Proposals and Protests (cont’d) »The legal entity that is the offeror must be clearly identified in the proposal »Ambiguity as to the offeror entity can lead to the proposal being rejected »In addition, substituting one entity for another, in the proposal or post-award, can also cause the proposal to be rejected or the contract to be voided 36

37. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Bids, Proposals and Protests (cont’d) »Uncertainty as to the identity of the bidder is a circumstance that renders a bid nonresponsive, since ambiguity as to the offeror’s identity could result in there being no party that is bound to perform the obligations of the contract Sunrise Int’l Group, Inc.; Eagle III Knoxville, Inc., B–252735; B–252735.2, July 27, 1993, 93–2 CPD¶ 58 37

38. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Bids, Proposals and Protests (cont’d) »An RFP may allow an offeror to rely on affiliates, subsidiaries, key personnel, etc., to meet the RFP requirements (FAR 15.305), but ˗ Be mindful of the ostensible subcontractor rule, and ˗ Know that GAO has repeatedly ruled that those affiliate resources must actually be made available for contract performance in the proposal!!! 38

39. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Bids, Proposals and Protests (cont’d) »“The relevant consideration is whether the resources of the parent or affiliated company--its workforce, management, facilities or other resources--will be provided or relied upon for contract performance such that the parent or affiliate will have meaningful involvement in contract performance.” Ecompex, Inc., B- 292865.4 et al., June 18, 2004, 2004 CPD ¶ 149 at 5 (emphasis added). 39

40. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Bids, Proposals and Protests (cont’d) »“While it is appropriate to consider an affiliate’s performance record where the affiliate will be involved in the contract effort, it is inappropriate to consider an affiliate’s record where that record does not bear on the likelihood of successful performance by the offeror of the project at issue.” National City Bank of Indiana, B- 287608.3, Aug. 7, 2002, 2002 CPD ¶ 190 at 10 (emphasis added). 40

41. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Bids, Proposals and Protests (cont’d) »“In addition, an agency properly may attribute the past performance of an affiliated company to an offeror where the record shows that the resources of the affiliate--for example, using the affiliate’s employees as key personnel--will be provided for performance of the solicited requirement.” Protest of GeoNorth, B-411473, Aug. 6, 2015 (emphasis added). 41

42. Sub-Title Top Guide 6.22 Chart-Title Top Guide 5.35 Body Top Guide 4.16 Body Bottom Guide 7.80 Left guide 11.42 Right guide 11.42 Key Takeaways »The Proposal must demonstrate that the resources cited will be used in the performance of the contract »Generic statements like “full corporate reach back” are not sufficient and not effective to meet this requirement »This issue is not specific to ANCs/Tribes »Keep tabs on your publicly available information (sam.gov; fpds.gov; and social media) to make sure it aligns with your proposal (i.e., your personnel work for who you say they work for) 42

43. Questions? 43

44. Thank you! 44

45. Line 1: Name (bold) Line 2: Title (bold) Line 3: (blank) Line 4: Phone number Line 5: Email address Line 6: City, State Please include a black & white picture height = 230px width = 200px PracticeEducationBar Admission 45 Walter T. Featherly »Walter T. Featherly »Partner »(907) 263.6395 »walter.featherly@hklaw.c omwalter.featherly@hklaw.c om »Anchorage, Alaska Walter T. Featherly is the executive partner of Holland & Knight's Anchorage office. Mr. Featherly focuses his practice on Alaska Native- and Native American-owned businesses. He regularly counsels boards of directors and executives on matters including corporate law and governance, the Alaska Native Claims Settlement Act, the Alaska National Interest Lands Conservation Act, securities law, intellectual property protection, government contracting, employment practices, finance and real estate. Mr. Featherly assists minority-owned businesses to navigate the regulations governing admission to the Small Business Administration's (SBA) 8(a) Business Development and the Historically Underutilized Business Zones (HUBZone) programs, particularly those related to subcontracting and team opportunities. In addition, Mr. Featherly regularly speaks on the subjects of corporate governance and compliance, teaming and joint venturing, the requirements of the Federal Acquisition Regulation, the SBA and other laws applicable to small, minority and disadvantaged contractors and the large companies that team with them. Compliance Services Corporate Governance Public Companies and Securities Native American Law Risk and Crisis Management Harvard Law School, J.D. St. John’s College, B.A. Alaska

46. Line 1: Name (bold) Line 2: Title (bold) Line 3: (blank) Line 4: Phone number Line 5: Email address Line 6: City, State Please include a black & white picture height = 230px width = 200px PracticeEducationBar Admission 46 Robert K. “Bob” Tompkins »Robert K. Tompkins »Partner »(202) 469.5111 »robert.tompkins@hklaw.c omrobert.tompkins@hklaw.c om »Washington, D.C. Bob Tompkins is a partner in Holland & Knight’s Washington, D.C., office and co-chair of the National Government Contracts Practice. Mr. Tompkins provides strategic advice and counsel to government contractors, their management and investors. He is experienced in government contract protests and disputes, government investigations and related proceedings, mergers and acquisitions, matters related to the U.S. Small Business Administration (SBA) government contracting programs and providing general counseling to clients. He also serves as a member of the firm’s Risk and Crisis Management Team and represents contractors and grant recipients in complex, high-stakes matters, including congressional investigations, inspector general inquiries, suspension and debarment proceedings. Government Contracts Litigation and Dispute Resolution Compliance Services False Claims Act Defense White Collar Defense and Investigations Mergers and Acquisitions Native American Law Congressional Investigations Regulatory and Federal Litigation Risk and Crisis Management Washington and Lee University, J.D. Washington and Lee, B.A. Virginia District of Columbia Maryland

47. Line 1: Name (bold) Line 2: Title (bold) Line 3: (blank) Line 4: Phone number Line 5: Email address Line 6: City, State Please include a black & white picture height = 230px width = 200px PracticeEducationBar Admission 47 Sarah M. Curtis »Sarah M. Curtis »Senior Associate »(907) 263.6386 »Sarah.Curtis@hklaw.comSarah.Curtis@hklaw.com »Anchorage, Alaska Sarah Curtis is an associate in Holland & Knight's Anchorage office. Ms. Curtis focuses her practice on Alaska Native and Native American-owned businesses. She regularly counsels clients on a wide range of matters including: transactional; corporate business and governance; shareholder relations; employment; government contracting; and tax. Ms. Curtis assists clients in navigating the intricacies of the Alaska Native Claims Settlement Act (ANCSA) and the U.S. Small Business Administration’s 8(a) Business Development Program. Additionally, Ms. Curtis has argued before the Alaska Supreme Court and has participated in representations for a broad client base, from small pro bono matters to $12 billion litigation cases. Ms. Curtis has also served as general counsel and sole in-house legal advisor for the village of Wainwright's Alaska Native Corporation – a $200 million family of 15 companies engaged in both government contracting and commercial transactions. Compliance Services Corporate Services Corporate Governance Native American Law Mergers and Acquisitions Government Contracts University of Washington School of Law, LL.M., Taxation Roger Williams University School of Law, J.D. University of Alaska – Anchorage, B.A. Alaska