BIA Buy Indian Act Deviation Form_Jan 2022_508 Compliant.pdf
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- Solicitation number
- IHS1490798
About this file
This document is a BIA Buy Indian Act Deviation Form, which is required to be completed when deviating from the use of the Buy Indian Act negotiation authority for federal contracting opportunities.
The form outlines the supporting facts and justification for the deviation, based on the Contracting Officer's market research indicating a lack of reasonable offers from Indian Economic Enterprises (IEEs) or that the prices offered by IEEs are unreasonable. The form requires routing through various approval authorities, depending on the dollar value of the proposed contract action. The completed form, with all required concurrences and signatures, serves as documentation in the contract file to support the deviation from the Buy Indian Act preference.
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Text version
Manual Exhibit 5-5
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
IHM 5.5-6 EXHIBIT 1
ALL DEVIATIONS ARE REQUIRED TO BE REPORTED
MEMORANDUM TO THE CONTRACT FILE
Subject: Approved Deviation from the Buy Indian Act
PR #:
Sol #:
Control #:
Pursuant to 48 CFR Part 326, Subpart 326.603-3 and IHM 5.5-6, Indian Health Service must use the negotiation authority of the Buy Indian Act, 25 U.S.C. 47, to give preference to Indian Economic Enterprises (IEE) whenever the use of that authority is authorized and practicable. Requirements under FAR Part 26, Other Socioeconomic Programs, apply when deviating from the Buy Indian Act.
Supporting Facts for the Deviation:
IHM 5.5-6 EXHIBIT 1
ALL DEVIATIONS ARE REQUIRED TO BE REPORTED
Supporting Facts for the Deviation:
Check Box Proposed Contract Action Required Authorization
Exceeding the micro-purchase threshold but not exceeding $25,000.
Exceeding $25,000, but not exceeding $700,000.00
Exceeding $700,000, but not exceeding $13.5 million
Exceeding $13.5 million, but not exceeding $68 million.
Exceeding $68 million.
Contracting Officer
Chief Contracting Officer [or the IHS Division of Acquisition Policy (DAP) Director, absent a CCO]
IHS Competition Advocate
Head of Contracting Activity
HHS Office of Small & Disadvantaged Business Utilization (OSDBU), Office of General Counsel (OGC), HHS Department Competition Advocate and the HHS Senior Procurement Executive
Deviations may be issued prior to or after issuing the solicitation. Please check the appropriate box.
Deviation is authorized prior to issuing the solicitation for simplified or commercial items.
Basis: The Contracting Officer determines, after a thorough market survey/research, that there is no reasonable expectation of obtaining offers that will be competitive in terms of market price, quality, and delivery from two or more reasonable IEEs or at least one such enterprise that does not exceed the dollar threshold in FAR 13.003. The Contracting Officer shall not rely solely on the program for this determination.
Deviation is authorized prior to issuing the solicitation for other than simplified or commercial items.
Basis: The Contracting Officer determines, after a thorough research, that there is no reasonable expectation that offers will be received from two or more responsible IEEs at a reasonable and fair market price. The Contracting Officer shall not rely solely on the program for this determination.
Deviation is authorized after issuing the solicitation for simplified or commercial items.
Basis: Only one offer has been received from a responsible IEE and the price is unreasonable, or no offers have been received from a responsible IEE.
Deviation is authorized after issuing the solicitation for other than simplified or commercial items.
IHM 5.5-6 EXHIBIT 1
ALL DEVIATIONS ARE REQUIRED TO BE REPORTED
Basis:
All otherwise acceptable offers received from IEE’s are unreasonable;
Only one (1) offer has been received from an IEE and the CO determines the price to be unreasonable; or
No responsive offers have been received from IEE’s.
Certification:
Supporting documentation obtained through market research, sources sought, pre/post solicitation and any other information that assists in justifying the deviation is attached for review by the authorizing official.
I hereby certify that the information above, including ALL attachments, are true and accurate.
All signatures are required before the intended signature. (Select as required)
Requestor:
Concurrence:
| Facts: |
| ConcurrenceDropdown1: [Contracting Officer] |
| ConcurrenceDropdown2: [Chief Contracting Officer] |
| ConcurrenceDropdown3: [N/A] |
| ConcurrenceDropdown4: [N/A] |
| ConcurrenceDropdown5: [N/A] |
| ConcurrenceDropdown6: [N/A] |
| ConcurrenceDropdown7: [N/A] |
| ConcurrenceDropdown8: [N/A] |
| RequestorDropdown: [Contract Specialist] |
| Checkmicro: Off |
| CheckPriorFor: Off |
| CheckPriorOther: 0 |
| Check25K: 0 |
| Check700K: 0 |
| Check13M: 0 |
| Check68M: 0 |
| PRnum: |
| SOLnum: |
| Controlnum: |
| CheckAfterFor: 0 |
| CheckAfterOther: 0 |
| CheckAllOffer: 0 |
| Check1Offer: 0 |
| CheckNone: Off |
| CheckCertDoc: Off |
| CheckTrue: Off |
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