VII. Contracting with Partners

Contracting with Tribal Entities

The Forest Service is committed to strengthening its working relationships with American Indian and Alaska Native tribes. Many options are available for partnerships between the Forest Service and tribal entities such as tribal governments, Native American-owned businesses, and Native American contractors. Coordination with local Forest Service acquisitions management personnel is essential for understanding the opportunities and the limitations involved.

The Forest Service and other federal agencies maintain a government-to-government relationship with American Indian and Alaska Native tribes. The federal government has a trust responsibility which relies on direct consultation between agencies and tribes on policies and actions that may affect treaty or other rights and interests or traditional tribal cultural values and practices.

The Forest Service may enter into agreements, grants, or contracts with tribes, just as it can with other organizations or agencies. However, it is important to remember that any partnerships or collaborative processes that engage tribes are always conducted in addition to the separate process of consultation between the agency and the tribe. When a tribe joins a partnership or collaborative process with other partners, it still maintains a separate governmental relationship with the Forest Service. If a project or proposal may affect one or more tribes, the federal agency should initiate consultation with each tribe early in the process. It is important for members participating in a collaborative process or partnership to understand and respect this unique relationship that all federal agencies have with tribes.

The following discussion is limited to contracting (solicitation) possibilities with tribal entities. As with nonprofit partners, the Forest Service has access to other approaches in working with tribal entities on projects that assist in building capacity. Other options, depending on the type of project and resources available, include Memoranda of Understanding, Cost Share Agreements, or other types of formalized agreements (see Chapter VI – Grants and Agreements). In addition, various State and Private Forestry programs (for example, Economic Action Programs) target tribal entities eligible for Federal Assistance grants. Aggressively pursuing contracting opportunities with tribal entities is one way to foster professional relationships, while at the same time developing contracting capacity in rural areas.

Options for Contracting with Tribal Governments

Tribal governments are considered the same as state governments or sovereign nations for the purposes of contracting with the federal government under the Federal Acquisition Regulations (FAR). Options now available to the Forest Service are:

• Micro-purchasing – Purchases under $2,500 can be awarded to any entity, including for-profit, nonprofit, large business, small business, or tribal governments. No competitive bidding is required. However, a project cannot be split up into a series of small tasks for the sole purpose of staying below the $2,500 threshold.

• Sole Source Determination – If a Contracting Officer determines that a tribal government is uniquely qualified and the only source for the goods or services, then a sole source contract may be negotiated. An example of this might be a cultural heritage project.

• FAR 17.504, Economy Act – This Act allows federal agencies to contract with other federal agencies for goods and services. This would allow the Forest Service to enter into an Economy Act contract (agreement) with the Bureau of Indian Affairs (BIA) who, in turn, can subcontract work directly with a tribal entity. The disadvantages are that the Forest Service will:

  • Be assessed a cost by BIA for its intermediary role.
  • Not have a signed agreement with the actual party doing the work – the tribe itself.

• Wyden Amendment – This authority allows for single source contracts on a case-by-case basis for projects that enhance, protect, and/or restore resources within watersheds that include or impact Forest Service land. Although not a specific contracting mechanism, this amendment provides flexibility and the authority for the Forest Service to work with partners on specific watershed projects. For more discussion on the Wyden Amendment, see Chapter VI – Grants and Agreements.

Contracting with Native American For-profit Companies and Contractors

Native American for-profit organizations have the same access to federal contracts as any other entity. The following are some areas where there may be some flexibility in setting aside projects for tribal for-profit companies.

• Micro-purchasing – Same as above.

• Simplified Acquisitions Under $25,000 – These acquisitions generally need three quotes. It is permissible to request that Native American firm(s) certified as small businesses be solicited for at least one of these quotes. Additionally, awards can be made based on oral quotes if the project is well defined.

• Small Business Set-Asides – The Forest Service sets aside most of its contracts for small businesses certified by the Small Business Administration (SBA). In addition, if an entity is certified and listed on the Central Contractor Registration (CCR) website, there are ways to further target the competition to specific areas. CCR is the government source for vendors that are certified in the SBA 8(a) Business Development Program, HUBZone Empowerment Contracting Program, and Small Disadvantaged Business Program. For more information, go to: http://www.ccr.gov and click the “Dynamic Small Business Search” button.

• SBA HUBZone Set-Asides – If a contractor is SBA-certified in a Historically Underutilized Business Zone (HUB Zone) program, there are opportunities for limiting the competition to smaller geographic areas. Federally recognized Indian reservations are considered HUB Zones. More information is available by calling the SBA Answer Desk at (800)U-ASK-SBA or online.
  (https://eweb1.sba.gov/hubzone/internet/)

• SBA 8(a) – If a tribally-owned business or contractor is certified as SBA 8(a), then any federal agency can contract non-competitively with them. Sole source contracts can be awarded up to the $3,000,000 threshold. Additional information can be found by calling SBA at (800)U-ASK-SBA or online.
  (http://www.sba.gov/8abd/)

• USDA “Bringing Rural America Venture Opportunities” Program – This USDA program is designed to advance the economic prosperity of entire rural communities by helping tribal and other rural small businesses build competitive enterprises. To qualify for the program, the contractor has to be SBA 8(a)-certified. Additional information is available online.
  (http://www.usda.gov/da/smallbus/bravofact.htm)

• General Services Administration (GSA) Federal Supply Schedules – Once awarded a GSA contract, competition can be limited to only those companies having specific qualifications that match a federal agency's needs. Because most of the schedules are open, tribal entities can apply at any time. One specific schedule that the Forest Service may use more frequently than others is Schedule 899, Environmental Services. For additional information, visit: http://www.gsa.gov and click on the “Services” link.

• Indian Incentive Program – This program provides an incentive to contractors who use Native American organizations and Indian Owned Economic Enterprises as subcontractors. This clause can be made part of any contract if the Contracting Officer determines that there are subcontracting opportunities for Native American-owned companies.
  (http://www.acq.osd.mil/sadbu/programs/iip/index.htm)

• Sole Source Determination – Same as above regarding contracts with tribal governments. Any sole source project that may exceed $25,000 must be announced in Federal Business Opportunities.
  (FedBizOpps, http://www.fedbizopps.gov/)

This legislation authorizes the Secretaries of Agriculture and Interior to partner with tribes for work with the Forest Service and the Bureau of Land Management through stewardship contracts. These contracts are for projects that reduce hazardous fuels and improve forest health on federal lands adjacent to tribal lands. The Act was signed into law on July 20, 2004, and the Forest Service and Bureau of Land Management are currently working together to draft policy for implementing it. The proposed policy is expected to be in place by June, 2005.

The Partnership Resource Center provides a list of Forest Service Regional Tribal Relations Coordinators.

National Forest Foundation • USDA Forest Service • Partnership Resource Center