Buy Indian Act.pdf
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- Attached to
- Purchase of Laptops and Workstations Lifecycle Refresh Federal contract opportunity
- Solicitation number
- 75H70826Q00001
About this file
This document is an informational guide regarding the Buy Indian Act and its application to federal contracting through the Indian Health Service (IHS).
The Buy Indian Act (25 USC 47) authorizes the Bureau of Indian Affairs to set aside procurement contracts exclusively for Indian-owned and controlled businesses. To qualify, businesses must be Indian Economic Enterprises (IEEs)—for-profit entities at least 51 percent owned by Indians or Indian Tribes whose members belong to federally recognized Indian tribes or Alaska Native villages. The IEE must manage the contract, ensure the Indian or Indian Tribe receives the majority of contract earnings, and maintain daily operational control. Eligibility must be maintained at three critical junctures: when the offer is made, at the time of award, and throughout the contract period; loss of eligibility at any point may result in termination for default. Subcontracting is permitted but limited to 50 percent of total work, with at least 50 percent of subcontracted work required to go to IEEs. For services and supplies, the awarded contractor must provide 50 percent of personnel costs and manufacturing costs, excluding materials.
Offerors responding to IEE set-aside solicitations must provide: a description of the percentage of work and costs to be provided by the offeror over the contract term; documentation of human resource sources; methods for recruiting and training Indian employees; descriptions of subcontractor selection processes with names, addresses, and percentages of work to be performed; qualifications of key personnel; and compliance methods for any supplemental Tribal employment preference requirements. Federal regulations governing these acquisitions are codified under PHSAR Subpart 380.5 and HHSAR Subpart 370.5, with applicable clauses found in HHSAR 352.226-1 and 352.226-2.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| RFQ No. 75H70826Q00001 Amendment No. 00002_Question & Answer.pdf | ||
| RFQ No. 75H70826Q00001 Amendment No. 00001_To Extend the Due Date.pdf | ||
| VPAT2.5Rev_508_February2025.pdf | ||
| RFQ No. 75H70826Q00001 for Laptop & Workstations Lifecycle Refresh.pdf | ||
| IHS IEE Representation Form.pdf |
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Text version
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 .
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