[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

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

[CITE: 24CFR1000.52]



[Page 740-741]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents

 

                            Subpart A_General

 

Sec.  1000.52  What Indian preference requirements apply to IHBG 

procurement?



    To the greatest extent feasible, recipients shall give preference in 

the award of contracts for projects funded under this part to Indian 

organizations and Indian-owned economic enterprises.

    (a) Each recipient shall:

    (1) Certify to HUD that the polices and procedures adopted by the 

recipient will provide preference in procurement activities consistent 

with the requirements of section 7(b) of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C.450e(b)) (An Indian preference 

policy which was previously approved by HUD for a recipient will meet 

the requirements of this section); or

    (2) Advertise for bids or proposals limited to qualified Indian 

organizations and Indian-owned enterprises; or

    (3) Use a two-stage preference procedure, as follows:

    (i) Stage 1. Invite or otherwise solicit Indian-owned economic 

enterprises to submit a statement of intent to respond to a bid 

announcement or request for proposals limited to Indian-owned firms.

    (ii) Stage 2. If responses are received from more than one Indian 

enterprise found to be qualified, advertise for bids or proposals 

limited to Indian organizations and Indian-owned economic enterprises.

    (b) If the recipient selects a method of providing preference that 

results in fewer than two responsible qualified organizations or 

enterprises submitting a statement of intent, a bid or a proposal to 

perform the contract at a reasonable cost, then the recipient shall:

    (1) Re-advertise the contract, using any of the methods described in 

paragraph (a) of this section; or

    (2) Re-advertise the contract without limiting the advertisement for 

bids or proposals to Indian organizations and Indian-owned economic 

enterprises; or

    (3) If one approvable bid or proposal is received, request Area ONAP 

review and approval of the proposed contract and related procurement 

documents, in accordance with 24 CFR 85.36, in order to award the 

contract to the single bidder or offeror.

    (c) Procurements that are within the dollar limitations established 

for small purchases under 24 CFR 85.36 need not follow the formal bid or 

proposal procedures of paragraph (a) of this section, since these 

procurements are governed by the small purchase procedures of 24 CFR 

85.36. However, a recipient's small purchase procurement shall, to the



[[Page 741]]



greatest extent feasible, provide Indian preference in the award of 

contracts.

    (d) All preferences shall be publicly announced in the advertisement 

and bidding or proposal solicitation documents and the bidding and 

proposal documents.

    (e) A recipient, at its discretion, may require information of 

prospective contractors seeking to qualify as Indian organizations or 

Indian-owned economic enterprises. Recipients may require prospective 

contractors to provide the following information before submitting a bid 

or proposal, or at the time of submission:

    (1) Evidence showing fully the extent of Indian ownership and 

interest;

    (2) Evidence of structure, management and financing affecting the 

Indian character of the enterprise, including major subcontracts and 

purchase agreements; materials or equipment supply arrangements; and 

management salary or profit-sharing arrangements; and evidence showing 

the effect of these on the extent of Indian ownership and interest; and

    (3) Evidence sufficient to demonstrate to the satisfaction of the 

recipient that the prospective contractor has the technical, 

administrative, and financial capability to perform contract work of the 

size and type involved.

    (f) The recipient shall incorporate the following clause (referred 

to as the section 7(b) clause) in each contract awarded in connection 

with a project funded under this part:

    (1) The work to be performed under this contract is on a project 

subject to section 7(b) of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450e(b)) (the Indian Act). Section 7(b) 

requires that to the greatest extent feasible:

    (i) Preferences and opportunities for training and employment shall 

be given to Indians; and

    (ii) Preferences in the award of contracts and subcontracts shall be 

given to Indian organizations and Indian-owned economic enterprises.

    (2) The parties to this contract shall comply with the provisions of 

section 7(b) of the Indian Act.

    (3) In connection with this contract, the contractor shall, to the 

greatest extent feasible, give preference in the award of any 

subcontracts to Indian organizations and Indian-owned economic 

enterprises, and preferences and opportunities for training and 

employment to Indians.

    (4) The contractor shall include this section 7(b) clause in every 

subcontract in connection with the project, and shall, at the direction 

of the recipient, take appropriate action pursuant to the subcontract 

upon a finding by the recipient or HUD that the subcontractor has 

violated the section 7(b) clause of the Indian Act.