Southern Ute Indian Tribe Seal Southern Ute Indian Tribe Seal Southern Ute Alternative Energy
Southern Ute Alternative Energy

Partnering Advantages

Partnering

Federal

Defense:

  • Department of Defense Indian Subcontracting Program — The Native American Incentive Act (FAR 52.226-1) that implements 25 USC 1544, provides an incentive to Department of Defense prime contractors who use Indian organizations and Indian-owned economic enterprises as subcontractors. If a contracting officer includes in an RFP the clause at 52.226-1 that is titled “Utilization of Indian Organizations and Indian-Owned Economic Enterprises,” the program provides for an incentive payment equal to five percent of the amount subcontracted to the Indian organization or Indian-owned economic enterprise.

Government:

  • Contracting Incentives — Section 10 USC 2323(a) of the United States Code allows a specified agency to award a contract to a joint venture firm that is at least 50% native-owned. Consequently, the agency awarding the contract allows small business contracting goals to be counted toward the native-owned portion of the joint venture.
  • Direct Conversion — Section 8014 of the Defense Appropriation Act (Fiscal Year 2002) details how DoD agencies may directly convert full time equivalent (FTE) positions to tribally-owned concerns rather than conducting A-76 cost comparison studies. This applies when the Tribally Owned Concern has at least 51% ownership of a joint venture or is the prime contractor performing at least 51% of the work. There is no limit to the dollar value of the contract.