Tribal
Leveraging a Tribally-Owned Business:
NACs are always considered Small Disadvantaged Businesses (SDBs) as subcontractors, regardless of NAICS code.
Can received direct-award contracts up to $25 million (and up to $100 million at the Department of Defense) without justification and authorization (13CFR§124.506(b)(5) and National Defense Authorization Act (NDAA))
Sole source contracts below $25 million do not require a J&A per Section 811
Sole Source awards cannot be protested (13CFR124.517(a))
NACs can have direct negotiations with the Government (13CFR124.503(c)(2))
GOA Rulings
Sister Subsidiary Performance Utilization
Past Performance of a parent or affiliated company can be attributed to the offeror where the proposal demonstrates that the resources of the parent or affiliated company will affect the performance of the offeror.
The proposal must demonstrate that the workforce, management, facilities, or other resources of the affiliate may affect contract performance by the offeror, including a commitment to make key personnel available for the project.
The proposal may also show a commitment by the parent organization to provide sufficient financial resources to the project.