DIAR_1452_280-2_Supplement.pdf

This document is a federal contract clause implementing the Buy Indian Act set-aside requirement for Indian Economic Enterprises (1452.280-2). The clause mandates that solicitations and contracts involving Indian Economic Enterprise set-asides must provide notice to potential offerors that is substantially identical to the provision contained herein.

An Indian Economic Enterprise is defined as any business activity owned by one or more Indians or Federally Recognized Indian Tribes, where combined Indian or tribal ownership constitutes at least 51 percent, Indians or tribes receive at least 51 percent of earnings, and management and daily operations are controlled by one or more Indians with requisite technical capabilities. This control may be exercised through tribal committees or boards, or through non-tribal members if the tribe retains hiring and firing authority and control over common management decisions including strategic planning, budget approval, and officer compensation. These requirements must be met at the time an offer is made, at contract award, and throughout the full contract term. Under the Buy Indian Act, offers are solicited only from Indian Economic Enterprises, and the Contracting Officer will reject all ineligible offers. Offerors must submit descriptions of the percentage of work/costs to be provided and qualifications of key personnel, along with written assurance of compliance with clause requirements. Failure to provide required submissions may render an offer non-responsive. If a contractor no longer meets the Indian Economic Enterprise definition after award, immediate written notification to the Contracting Officer is required, with full disclosure of circumstances and actions to regain eligibility. Failure to notify may result in declaration of ineligibility for future awards or termination for default.