[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR26.103]



[Page 504-505]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 26_OTHER SOCIOECONOMIC PROGRAMS--Table of Contents

 

                  Subpart 26.1_Indian Incentive Program

 

Sec. 26.103  Procedures.



    (a) Contracting officers and prime contractors, 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.

    (b) In the event of a challenge to the representation of a 

subcontractor, the contracting officer shall 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.

    (c) The BIA will acknowledge receipt of the request from the 

contracting officer within 5 working days. Within 45 additional working 

days, BIA will advise the contracting officer, in writing, of its 

determination.

    (d) The contracting officer will notify the prime contractor upon 

receipt of a challenge.

    (1) To be considered timely, a challenge shall--

    (i) Be in writing;

    (ii) Identify the basis for the challenge;

    (iii) Provide detailed evidence supporting the claim; and

    (iv) Be filed with and received by the contracting officer prior to 

award of the subcontract in question.

    (2) If the notification of a challenge is received by the prime 

contractor prior to award, it shall withhold award of the subcontract 

pending the determination by BIA, unless the prime contractor 

determines, and the contracting officer agrees, that award must be made 

in order to permit timely performance of the prime contract.

    (3) Challenges received after award of the subcontract shall be 

referred to BIA, but the BIA determination shall have prospective 

application only.



[[Page 505]]



    (e) If the BIA determination is not received within the prescribed 

time period, the contracting officer and the prime contractor may rely 

on the representation of the subcontractor.

    (f) Subject to the terms and conditions of the contract and the 

availability of funds, contracting officers shall authorize an incentive 

payment of 5 percent of the amount paid to the subcontractor. 

Contracting officers shall seek funding in accordance with agency 

procedures.



[56 FR 41737, Aug. 22, 1991, as amended at 57 FR 20377, May 12, 1992; 61 

FR 39211, July 26, 1996; 62 FR 40236, July 25, 1997; 64 FR 10532, Mar. 

4, 1999]