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Who are We?

JoMel-Nacaha serves as a marketing arm for 100% Tribal-Owned 8(a) Enterprises.  Our task is to identify and qualify companies and organizations to participate in the expansion of the Tribe’s economic reach in the federal marketplace.

JoMel-Nacaha is similar to a lobbyist and gatekeeper employed by Native American tribes who have obtained Tribal 8a status under the SBA disadvantage program in federal contracting in all eleven agencies to assist in obtaining opportunities for our Tribal 8a client (s).

The Challenge:capitol building

According to the National Congress of American Indians Resolution #PSP-09-065 dated October 16, 2009, Native Americans living on Indian reservations suffer from some of the worst social economic conditions in the United States. They must endure third world poverty and massive unemployment. On some of these reservations the unemployment runs as high as seventy five percent. Some reservations have as much as seventy percent of their community living below the Poverty Line.

Congress has assumed the responsibility of assisting the federal recognized tribes and Alaska Native entities. In part, Congress has met this obligation by providing them with unique rights under the SBA 8(a) Program. By adding special provisions, Congress has modified that program so it can be used to assist the larger scale economic activity that is needed to address the severe social economic conditions of Native Americans.

FAR 26.102

states that “Indian organizations and Indian-owned economic enterprises shall have the maximum practicable opportunity to participate in performing contracts awarded by Federal agencies.” It is Congressional Intent that Tribal-Owned 8(a) firms have the right to meet with Program Managers and government buyers.

13 CFR 124.506(b)

states that tribally-owned or ANC-owned concerns are exempt from the foregoing requirements for competitive bidding. Any sized contract can be sole-sourced to tribally-owned or ANC-owned small businesses.

FAR 19.805-1(b)(2) and 13 CFR 124.506(b)

exempts an Indian Tribe or an ANC from the competitive threshold of $4.0 million for service contracts and $6.5 million for manufacturing contracts. Congressional intent was to allow ANC and Tribal-Owned 8(a) firms the right to sell to the government through a negotiated sale if the contract was a fair market price. Tribes use federal contracting as an important part of economic development for the Native Americans living on their reservations.

Understanding the SBA 8(a) Tribal Disadvantage Program:

To issue a contract to a Tribal 8(a), it is not necessary to conduct full and open competition, or even 8(a) competitive competition. The FAR and CFR gives the contracting agency the legal justification and authority to award a 8(a) sole source award. 13 CFR 124.506(b) states that tribally-owned or ANC-owned concerns are exempt from the foregoing requirements for competitive bidding. Any sized contract can be sole-sourced to tribally-owned or ANC-owned small businesses. FAR 19.805-1(b)(2) and 13 CFR 124.506(b) exempts an Indian Tribe or an ANC from the competitive threshold of $4.0 million for service contracts and $6.5 million for manufacturing contracts.

Section 811 of the FY 2010 NDAA establishes a new requirement for Federal agencies to justify a sole-source contract award to a business under the Small Business Administration's 8(a) business development program, including businesses owned by Indian Tribes and Alaska Native Corporations, if the sole-source award is to exceed $20 million. Section 811 states that a sole-source justification must include the following information:

  • (1) A description of the needs of the agency concerned for the matters covered by the contract,
  • (2) a specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract,
  • (3) a determination that the use of a sole-source contract is in the best interest of the agency concerned,
  • (4) a determination that the anticipated cost of the contract will be fair and reasonable, and
  • (5) such other matters as the head of the agency concerned shall specify.

We can assist federal agencies with this process for Justification and Approval. This clearly gives any federal agency or DOD element the legal justification and authority to issue a 8(a) award to a Tribal (a) firm up to twenty million dollars. If the contract is over twenty million dollars, it must be approved by higher headquarters. It typically will add two to four weeks to the approval process.

Due to past poor performance experiences, abuse, and misrepresentation with capability providers, JoMel-Nacaha is responsible for searching for potential teaming partners in specific NAICS codes through our evaluation and screening process. Since the Tribal 8(a) is the Prime contractor, any negative exposure due to bad teaming partners can negatively affect the Tribal firm and their future ability to secure contracts.

Our Mission

To assist tribes in economic development, create jobs for tribal members, and develop new job skills on the reservations. JN promotes and protects the rights of its Tribal-Owned 8(a) clients in federal contracting as intended by Congress.

We partner only elite companies with our tribal clients. These companies must earn the right by passing a strict Evaluation and Elimination Program mandated by the Tribal Review Committee. This program to select the best of the candidate companies includes:

  • Review of their Morals and Ethics
  • Assessment of their capabilities.
  • Assessment of their financial strength.
  • Market research for their capabilities
  • Onsite Interview of their senior management
  • Onsite tour of their facility

JN:

  • Educates, evaluates and eliminates potential clients
  • Presents potential candidates’ applications to the Tribal 8(a) CEO and its Board of Directors
  • Communicates the Tribal 8(a)’s decision to accept or reject a candidate
  • Markets Teaming Partners to the federal agencies, Contracting Officers, and Contract Specialists
  • Interfaces with federal Contracting Officers and political representatives
  • Contract services provider
  • Manages teaming partners, joint ventures, and mentor-protégé relationships
  • Represents and reports directly to its Tribal 8(a) CEO

JoMel-Nacaha has earned a relationship of trust with the tribe. Our objective is to bring selected, qualified teaming partners to the tribe (our tribal 8a client (s) for the mutual benefit of all parties. JoMel-Nacaha is THE gateway to the Tribal 8a clients (s) to increase revenue and improve profitability. 

Our Role:

  • Contract services provider
  • Educates, evaluates and eliminates potential clients
  • Presents potential candidates’ applications to the Tribal 8(a) CEO and its Board of Directors
  • Communicates the Tribal 8(a)’s decision to accept or reject a candidate
  • Markets Teaming Partners to the federal agencies, Contracting Officers, and Contract Specialists
  • Interfaces with federal Contracting Officers and political representatives
  • Manages teaming partners, joint ventures, and mentor-protégé relationships
  • Represents and reports directly to its Tribal 8(a) CEO
JoMel-Nacaha has earned a relationship of trust with the tribe. Our objective is to bring selected, qualified teaming partners to the tribe for the mutual benefit of all parties. JoMel-Nacaha is THE gateway to the Tribe to increase revenue and improve profitability.

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