B08_A5_DIAR_1452_280-2_Supplement.pdf

This document is a federal procurement clause titled "Notice of Indian Economic Enterprise set-aside" (FEB 2021) that provides detailed guidance for solicitations and contracts involving Indian Economic Enterprises under the Buy Indian Act. The clause establishes specific eligibility requirements for Indian Economic Enterprises, including ownership (at least 51% by Indians or Federally Recognized Indian Tribes), management control (by one or more Indians), and earnings distribution (at least 51% to Indians or Tribes).

Key compliance provisions include that enterprises must meet these requirements at three critical stages: when an offer is made in response to a written solicitation, at contract award, and throughout the full contract term. The Contracting Officer (CO) will reject offers from ineligible enterprises, and offerors must provide documentation including a description of work/cost percentages and key personnel qualifications. Failure to comply can result in the CO finding an offer non-responsive, and if an enterprise no longer meets the definition after award, they must immediately notify the CO and may face potential future ineligibility or contract termination.