The Buy Indian Act (Att. 4).pdf
PDF 109 KB Posted
- Attached to
- IT System Backup Solution
- Solicitation number
- 75H70524R00003
About this file
The document provided is an overview of the Buy Indian Act, which grants the Bureau of Indian Affairs (BIA) the authority to set aside procurement contracts for Indian-owned and controlled businesses. It outlines the eligibility requirements for an Indian Economic Enterprise (IEE) to participate in these set-aside contracts, including that the business must be at least 51% Indian/Indian Tribe-owned, the Indian/Indian Tribe must manage the contract and receive the majority of earnings, and subcontracting is limited to 50% of the work.
The related federal contract opportunity is a Request for Proposal (RFP) issued by the Indian Health Service, Bemidji Area Office, for an IT System Backup Solution. This is a 100% Indian Small Business set-aside under the Buy Indian Act. The objective is to provide a centralized and standardized backup solution for the Bemidji Area Office and three Federal Service Units, with local backups performed onsite and replicated to a central repository. Award will be made on a best value basis, and the solicitation requires "Brand Name Only" for the Rubrik Data Management system.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 75H70524R00003 - IT System Backup.pdf | ||
| BAA - Att. 1.docx | DOCX document | |
| 75H70524R00003 - SF-1449.pdf | ||
| SAS_Template_(Att. 5).pdf | ||
| IHS IEE Representation Form (Att. 3).pdf | ||
| Wage determination ( Att. 2).pdf | ||
| SECTION E - EVAL_.docx | DOCX document |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
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,
• 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 .
File details come from the government source that posted it. Updated .