[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR352.270-2]



[Page 80-81]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 352_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents

 

              Subpart 352.2_Texts of Provisions and Clauses

 

Sec. 352.270-2  Indian preference.



    The following clause shall be used as prescribed in 370.202(a):



                      Indian Preference (APR 1984)



    (a) The Contractor agrees to give preference in employment 

opportunities under this contract to Indians who can perform required 

work, regardless of age (subject to existing laws and regulations), sex, 

religion, or tribal affiliation. To the extent feasible and consistent 

with the efficient performance of this contract, the Contractor further 

agrees to give preference in employment and training opportunities under 

this contract to Indians who are not fully qualified to perform 

regardless of age (subject to existing laws and regulations), sex, 

religion, or tribal affiliation. The Contractor also agrees to give 

preference to Indian organizations and Indian-owned economic enterprises 

in the awarding of any subcontracts to the extent feasible and 

consistent with the efficient performance of this contract. The 

Contractor shall maintain statistical records as are necessary to 

indicate compliance with this paragraph.

    (b) In connection with the Indian employment preference requirements 

of this clause, the Contractor shall provide opportunities for training 

incident to such employment. Such training shall include on-the-job, 

classroom or apprenticeship training which is designed to increase the 

vocational effectiveness of an Indian employee.

    (c) If the Contractor is unable to fill its employment and training 

opportunities after giving full consideration to Indians as required by 

this clause, those needs may be satisfied by selection of persons other 

than Indians in accordance with the clause of this contract entitled 

``Equal Opportunity.''

    (d) If no Indian organizations or Indian-owned economic enterprises 

are available under reasonable terms and conditions, including price, 

for awarding of subcontracts in connection with the work performed under 

this contract, the Contractor agrees to comply with the provisions of 

this contract involving utilization of small business concerns, small 

disadvantaged business concerns, and women-owned small business 

concerns.

    (e) As used in this clause:

    (1) ``Indian'' means a person who is a member of an Indian Tribe. If 

the Contractor has reason to doubt that a person seeking employment 

preference is an Indian, the Contractor shall grant the preference but 

shall require the individual to provide evidence within thirty (30) days 

from the Tribe concerned that the person is a member of the Tribe.

    (2) ``Indian Tribe'' means an Indian Tribe, pueblo, band, nation, or 

other organized group or community, including Alaska Native village or 

regional or village corporation as defined in or established pursuant to 

the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) 

which is recognized as eligible for the special programs and services 

provided by the United States to Indians because of their status as 

Indians.

    (3) ``Indian organization'' means the governing body of any Indian 

Tribe or entity established or recognized by such governing body in 

accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 

1451); and

    (4) ``Indian-owned economic enterprise'' means any Indian-owned 

commercial, industrial, or business activity established or organized 

for the purpose of profit, provided that such Indian ownership shall 

constitute not less than 51 percent of the enterprise, and that 

ownership shall encompass active operation and control of the 

enterprise.

    (f) The Contractor agrees to include the provisions of this clause, 

including this paragraph (f) of this clause, in each subcontract awarded 

at any tier under this contract.

    (g) In the event of noncompliance with this clause, the Contracting 

Officer may terminate the contract in whole or in part or may impose any 

other sanctions authorized by law or by other provisions of the 

contract.



[[Page 81]]



                             (End of clause)