Buy Indian Act.pdf

The Buy Indian Act

The Buy Indian Act (25 USC 47) provides the Bureau of Indian Affairs (BIA) with the authority to set‐aside procurement contracts for Indian‐owned and controlled businesses. Federal regulations governing IHS use of the Buy Indian Act are under the PHSAR, Subpart

380.5 – Acquisitions under the Buy Indian Act.

Eligibility Requirements:

Main requirements for contract competition under the Buy Indian Act.

• The business must be an (IEE) Indian Economic Enterprise. A for profit business that is at least 51 percent Indian/Indian

Tribe owned.

• The IEE owners must be members of a federally recognized Indian tribe or Alaska Native village

• The IEE must manage the contract

• The Indian or Indian Tribe must receive majority of the earnings from the contract

• The Indian or Indian Tribe must control the daily business operations

• Subcontracting is permitted but at least 50 percent of the subcontracted work must go to (IEEs)

• IEE must meet the eligibility requirements during the following periods

O At the time the offer was made O At the time of award O During the life of the contract O If offeror loses eligibility during any of these times, the CO may terminate the contract for default.

Subcontracting Limitations: No more than 50% of the work subcontracted maybe subcontracted to a concern other than a responsible IEE, the contractor agrees to give preference to Indian organizations and IEES in awarding subcontracts. For services and supplies the concern awarded the contract must provide 50% of the cost incurred for personnel and the cost of manufacturing, excluding materials.

Laws/Regulations

The Buy Indian Act o 25 USC 47

The Final Rule (Acquisition Regulations, Procedures for Contracting) o Federal Registrar www.federalregister.gov/articles/2013/06/07/2013‐13255/acquisition‐regulations‐buy‐indian‐act‐procedures‐for‐ contracting

Authority / Indian Health Service o Subpart PHS 380.5—Acquisitions Under the Buy Indian Act PHSAR 380.501(b) http://www.gpo.gov/fdsys/pkg/CFR‐1999‐title48‐vol4/xml/CFR‐1999‐title48‐vol4‐chapA.xml#seqnumPHS 380.501 o Subpart 370.5‐‐Acquisitions Under the Buy Indian Act http://www.hhs.gov/grants/contracts/contract‐policies‐regulations/hhsar/subpart370/index.html#Subpart370.5‐‐ AcquisitionsUndertheBuyIndianAct

Department of Health and Human Service Clauses/Provisions (HHSAR) o 352.226‐1 Indian Preference (DEC 2015) o 352.226‐2 Indian Preference Program (DEC 2015)

What Offeror Must Provide in Response to an IEE Set‐Aside Solicitation:

• A description of the required percentage of work/costs to be provided by the offeror over the contract term,

• A description of the source of human resources for work to be performed by offeror, gwheeler1 Highlight

• A description of method(s) of recruiting and training Indian employees, indicating the extent of soliciting employment of Indian persons,

• A description of how subcontractors (if any) will be selected,

• Names, addresses and description of work to be performed by Indian persons or economic enterprise being considered for subcontracts (if any) and the percentage of the total direct project work/costs they will perform,

• Qualifications of key personnel (if any) to be assigned to the contract,

• A description of method(s) for compliance with any supplemental Tribal employment preference requirements contained in the solicitation .