Attach_9_DIAR_1452_280-2_Supplement.pdf

This is a federal contracting clause establishing requirements for Indian Economic Enterprise set-asides under the Buy Indian Act. The clause mandates that solicitations and contracts involving Indian Economic Enterprises include specific provisions ensuring compliance with eligibility and ownership criteria.

An Indian Economic Enterprise must meet three core requirements: (1) combined Indian or Federally Recognized Indian Tribe ownership of at least 51 percent; (2) Indians or Federally Recognized Indian Tribes receiving at least 51 percent of contract earnings; and (3) management and daily business operations controlled by one or more Indians with requisite management or technical capabilities directly related to the enterprise's primary industry. Tribal ownership may be managed through tribal committees, boards, or non-tribal members if the tribe retains control over hiring, firing, and key management decisions including strategic planning, budget approval, and officer compensation. A written management development plan must demonstrate how tribal members will develop sufficient managerial skills for future enterprise management.

Offerors must meet eligibility requirements at the time of offer submission, contract award, and throughout the full contract term. Required submissions include a description of the percentage of work and costs the offeror will provide and qualifications of key personnel. Offerors must provide written assurance of compliance before contract award and upon successful completion, but before acceptance of work or products. Failure to provide required information renders an offer non-responsive and subject to rejection. If a contractor loses eligibility post-award, immediate written notification to the Contracting Officer is mandatory, including full disclosure of circumstances and corrective actions. Non-compliance may result in declaration of ineligibility for future awards or termination for default.