52.226-1 Utilization of Indian Organizations

and Indian-Owned Economic Enterprises.

As prescribed in 26.104 , insert the following clause:

Utilization of Indian Organizations and Indian-Owned Economic Enterprises (June 2000)

(a) Definitions. As used in this clause:

Indian means any person who is a member of any Indian tribe, band, group, pueblo, or community

that is recognized by the Federal Government as eligible for services from the Bureau of Indian

Affairs (BIA) in accordance with 25 U.S.C.1452(c) and any "Native" as defined in the Alaska Native

Claims Settlement Act (43 U.S.C.1601).

Indian organization means the governing body of any Indian tribe or entity established or recognized

by the governing body of an Indian tribe for the purposes of 25 U.S.C., Chapter 17.

Indian-owned economic enterprise means any Indian-owned (as determined by the Secretary of the

Interior) commercial, industrial, or business activity established or organized for the purpose of

profit, provided that Indian ownership constitutes not less than 51 percent of the enterprise.

Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages

and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined

in the Alaska Native Claims Settlement Act, that is recognized by the Federal Government as eligible

for services from BIA in accordance with 25 U.S.C.1452(c).

Interested party means a prime contractor or an actual or prospective offeror whose direct economic

interest would be affected by the award of a subcontract or by the failure to award a subcontract.

(b) The Contractor shall use its best efforts to give Indian organizations and Indian-owned economic

enterprises (25 U.S.C.1544) the maximum practicable opportunity to participate in the subcontracts

it awards to the fullest extent consistent with efficient performance of its contract.

(1) The Contracting Officer and the Contractor, acting in good faith, may rely on the representation

of an Indian organization or Indian-owned economic enterprise as to its eligibility, unless an

interested party challenges its status or the Contracting Officer has independent reason to question

that status. In the event of a challenge to the representation of a subcontractor, the Contracting

Officer will refer the matter to the U.S. Department of the Interior Bureau of Indian Affairs (BIA)

Attn: Chief, Division of Contracting and Grants Administration 1849 C Street, NW, MS-2626-MIB

Washington, DC 20240-4000.

The BIA will determine the eligibility and notify the Contracting Officer. No incentive payment will

be made within 50 working days of subcontract award or while a challenge is pending. If a

subcontractor is determined to be an ineligible participant, no incentive payment will be made under

the Indian Incentive Program.

(2) The Contractor may request an adjustment under the Indian Incentive Program to the following:

(i) The estimated cost of a cost-type contract.
(ii) The target cost of a cost-plus-incentive-fee prime contract.

(iii) The target cost and ceiling price of a fixed-price incentive prime contract.

(iv) The price of a firm-fixed-price prime contract.

(3) The amount of the adjustment to the prime contract is 5 percent of the estimated cost, target

cost, or firm-fixed-price included in the subcontract initially awarded to the Indian organization or

Indian-owned economic enterprise.

(4) The Contractor has the burden of proving the amount claimed and must assert its request for an

adjustment prior to completion of contract performance.

(c) The Contracting Officer, subject to the terms and conditions of the contract and the availability of

funds, will authorize an incentive payment of 5 percent of the amount paid to the subcontractor. The

Contracting Officer will seek funding in accordance with agency procedures.

(End of clause)

Parent topic: 52.226 [Reserved]