About ATI
ATI is a Native American, tribally owned enterprise and was awarded its 8(a) status by the Small Business Administration on February 15, 2019.
The Federal Government has established specific mechanisms to foster the growth and entrepreneurship within the American Indian community. These include providing federal agencies and commercial contractors with incentives and advantages by contracting with tribal firms like ATI.
Procurement Advantages by Working Through ATI
As a tribally owned 8(a) enterprise, ATI enjoys unique advantages for minority contracting, making it easier for our clients to procure with us and our partners to work with us:
- Unlimited Sole Source Ceiling: ATI is entitled to receive sole source contracts of up to $25 Million from Civilian agencies and $100 Million from the Department of Defense. The size-standard limitations of other 8(a) companies – ($4.5M for Services and $7M for Manufacturing) – do not apply, allowing our clients to procure any scale of work directly with us.
- No Protests on Sole Source Contract Awards to ATI: The award of a sole source contract cannot be challenged by another participant in the 8(a) program or any other party, either to the Small Business Administration (SBA) or any forum as part of a bid or other contract protest.
- No Affiliation in Teaming with ATI: The affiliation rules applicable to size standard determinations by the SBA do not apply to tribal 8(a) enterprises. This allows ATI to team with other 8(a) companies including other tribally owned enterprises without affecting any size standard eligibility requirements.
- 5% Rebate to Primes for Partnering with ATI: Under the Native American Incentive Act (25 U.S.C.A. Sec. 1544), prime contractors utilizing a Native American enterprise as a subcontractor are eligible for a 5% cash rebate of the amount paid the Native American enterprise. This cash rebate is currently available under DOD contracts. The rebate is available to any prime contractor using a Native American enterprise or tribally owned company as a subcontractor at any sub-tier
- Collaborative Sourcing Process – In addition to standard, competitive sourcing, ATI can be retained through a Collaborative Sourcing Process, often saving substantial federal procurement time and dollars. The collaborative environment allows the government to work directly with a “dream team” of contractors, develop tailor-made metrics to ensure appropriate implementation of solutions and eliminate the time and cost of market research, acquisition strategies, solicitation, proposal review and contractor selection.
Collaborative Sourcing Process Steps
Agency Program Manager
1
Establishes requirement
2
Prepares SOW and procurement request
3
Identifies the Tribal 8(a) firm by requesting oral or written capability briefing from the Tribal 8(a) management team.
Budget Officer
4
Authorizes funding
Contracting Office
5
Identifies the Tribal 8(a) team as the most capable based on the capability briefing in Step 3 and offers this requirement to the Small Business Administration (SBA) for the Tribal 8(a) firm and the sole source justification
SBA
6
Accepts requirements on behalf of the Tribal 8(a) identified in the capability briefing and authorizes agency to conduct negotiations with this Tribal 8(a) firm
Contracting Officer
7
Issues RFP to the Tribal 8(a) firm, reviews and accepts response, forwards contract award to Tribal 8(a) and copy to SBA and executes
The Buy Indian Act
The Buy Indian Act is a law that authorizes the Department of the Interior, including the Bureau of Indian Affairs (BIA), the Bureau of Indian Education (BIE), and the offices of the Assistant Secretary – Indian Affairs (AS-IA), to purchase supplies, services and certain kinds of construction from qualified Native American vendors (“Indian economic enterprises”). The Buy Indian Act is implemented by the Department of the Interior Acquisition Regulation Supplement which requires Indian Affairs to use the Buy Indian Act authority to give preference to Indians whenever authorized and practicable. The Department of Health and Human Services, Indian Health Service, is also finalizing policy and procedures guiding implementation in support of the Buy Indian Act.
OMB A76 Awards Without Study or Cost Comparison
The United States government may directly outsource non-inherently governmental services or functions to a tribal 8(a) enterprise under OMB circular A76 without study or cost comparison.