Procurement: Doing Business with Governments

We specialize in providing comprehensive legal services to businesses seeking to do business with governmental agencies and even tribal governments. Our firm helps clients navigate the complex legal landscape involved in securing contracts, negotiating agreements, and complying with procurement regulations. We even help entities prepare contracting opportunities.

Our Expertise

We have extensive experience in:

• Gaining Preference: some governments afford priority consideration to certain businesses such as 8(a) companies and small businesses. Tribes like the Navajo Nation give priority to companies who are certified. We assist in getting you preference in contracting opportunities.
• Complying with Regulations: companies may not only have to consider complying with procurement regulations but also employment regulations. We advise on these areas.
• RFP Preparation: Crafting thorough and compelling proposals that meet the specific requirements set forth by entities looking to hire contractors for projects.
• Regulatory Compliance: Ensuring that all procurement documents adhere to the legal and regulatory frameworks established by tribal law.
• Negotiation and Contract Drafting: Skillfully negotiating terms and conditions to protect our clients’ interests and drafting legally sound contracts that mitigate risk.

Contracts with the Navajo Nation

When entering into contracts with the Navajo Nation, it’s essential to understand the unique legal framework and cultural considerations that govern these agreements. The Navajo Nation operates under its own laws and regulations, which may differ significantly from the surrounding states or the federal government. Therefore, businesses and individuals seeking to engage in contractual relationships with the Navajo Nation or its entities should approach these agreements with careful attention to detail and cultural sensitivity.

One key aspect to consider is the Navajo Nation’s sovereignty, which grants it authority to govern its internal affairs independently and makes it immune to lawsuits. As a result, parties contracting with the Navajo Nation should consult with an attorney who is knowledgeable in Navajo law and federal Indian law to ensure that their rights are protected and solidified in contracts with the Navajo Nation.

TERO Programs and NNBOA

Businesses seeking to do business on an Indian reservation or engage in contracting opportunities with tribal governments should be aware of TERO programs and Indian preference laws. TERO stands for Tribal Employment Rights Ordinance/Office. TERO programs basically require employers on Indian reservations to give employment preference to qualified enrolled members of the tribe. It may also allow Native-owned businesses to gain preference in contract opportunities with the tribal government.

In the Navajo Nation, the Navajo Preference in Employment Act (NPEA) requires employers on the Navajo Nation and those engaged in contracts with the Navajo Nation to give preference to Navajo applicants in employment opportunities. Moreover, the Navajo Business Opportunity Act (NBOA) requires the Navajo Nation to give preference to Navajo and Native-owned businesses in contracting opportunities with the Nation. NBOA provides two tiers of priority status: Priority 1 (100% Navajo-owned and controlled businesses) and Priority 2 (51%-99% Navajo and/or Native-owned and controlled businesses). When bidding for contracts with the Navajo Nation, Priority 1 companies are afforded first priority and consideration. If there are no Priority 1 companies, then Priority 2 companies are next in line.

Our office has the knowledge and experience assisting companies with ensuring compliance with and advising on matters involving TERO as well as contracting opportunities with tribes. Let us help you expand your business to new markets on Indian reservations!

Federal Acquisition Regulations and Contracting: Joint Venture and Teaming Agreements

In the realm of government contracting, joint venture and teaming agreements can be strategic tools for entities seeking to leverage their capabilities and resources to pursue lucrative opportunities. These agreements are essentially a contractual arrangement between two or more parties, typically comprising prime contractors and subcontractors, outlining their collaborative efforts to pursue a specific contract opportunity. These agreements delineate the roles, responsibilities, and obligations of each party involved, establishing a framework for cooperation while mitigating potential risks and conflicts that may arise during the contract lifecycle. Indeed, the landscape of joint ventures and teaming arrangements is intricate, necessitating a comprehensive understanding of the Federal Acquisition Regulations and possibly other local, tribal, and state procurement regulations.

Our firm has experience drafting teaming agreements involving super 8(a) entities, i.e. tribal enterprises, and Native-owned businesses, particularly 8(a). When partnering with a tribal enterprise in pursuing a government contract, it is best to be aware of the unique provisions that pertain to tribal enterprises and small businesses. We can help you navigate this field so that you have the best shot at obtaining government contracts.