[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: 48CFR352.270-3]



[Page 81-82]

 

            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. 352.270-3  Indian preference program.



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



                  Indian Preference Program (APR 1984)



    (a) In addition to the requirements of the clause of this contract 

entitled ``Indian Preference,'' the Contractor agrees to establish and 

conduct an Indian preference program which will expand opportunities for 

Indians to receive preference for employment and training in connection 

with the work to be performed under this contract, and which will expand 

the opportunities for Indian organizations and Indian-owned economic 

enterprises to receive a preference in the awarding of subcontracts. In 

this connection, the Contractor shall:

    (1) Designate a liaison officer who will maintain liaison with the 

Government and the Tribe(s) on Indian preference matters; supervise 

compliance with the provisions of this clause; and administer the 

Contractor's Indian preference program.

    (2) Advise its recruitment sources in writing and include a 

statement in all advertisements for employment that Indian applicants 

will be given preference in employment and training incident to such 

employment.

    (3) Not more than twenty (20) calendar days after award of the 

contract, post a written notice in the Tribal office of any reservations 

on which or near where the work under this contract is to be performed 

that sets forth the Contractor's employment needs and related training 

opportunities. The notice shall include the approximate numbers and 

types of employees needed; the approximate dates of employment; the 

experience or special skills required for employment, if any; training 

opportunities available; and other pertinent information necessary to 

advise prospective employees of any other employment requirements. The 

Contractor shall also request the Tribe(s) on or near whose 

reservation(s) the work is to be performed to provide assistance to the 

Contractor in filling its employment needs and training opportunities. 

The Contracting Officer will advise the Contractor of the name, 

location, and phone number of the Tribal officials to contact in regard 

to the posting of notices and requests for Tribal assistance.

    (4) Establish and conduct a subcontracting program which gives 

preference to Indian organizations and Indian-owned economic enterprises 

as subcontractors and suppliers under this contract. The Contractor 

shall give public notice of existing subcontracting opportunities and, 

to the extent feasible and consistent with the efficient performance of 

this contract, shall solicit bids or proposals only from Indian 

organizations or Indian-owned economic enterprises. The Contractor shall 

request assistance and information on Indian firms qualified as 

suppliers or subcontractors from the Tribe(s) on or near whose 

reservation(s) the work under the contract is to be performed. The 

Contracting Officer will advise the Contractor of the name, location, 

and phone number of the Tribal officials to be contacted in regard to 

the request for assistance and information. Public notices and 

solicitations for existing subcontracting opportunities shall provide an 

equitable opportunity for Indian firms to submit bids or proposals by 

including: A clear description of the supplies or services required, 

including quantities, specifications, and delivery schedules which 

facilitate the participation of Indian firms; A statement indicating 

that preference will be given to Indian organizations and Indian-owned 

economic enterprises in accordance with section 7(b) of Public Law 93-

638 (88 Stat. 2205; 25 U.S.C. 450e(b)); Definitions for the terms 

``Indian organization'' and ``Indian-owned economic enterprise'' as 

prescribed under the ``Indian Preference'' clause of this contract; A 

statement to be completed by the bidder or offeror that it is an Indian 

organization or Indian-owned economic enterprise; and A closing date for 

receipt of bids or proposals which provides sufficient time for 

preparation and submission of a bid or proposal. If after soliciting 

bids or proposals from Indian organizations and Indian-owned economic 

enterprises, no responsive bid or acceptable proposal is received, the 

Contractor shall comply with the requirements of paragraph (d) of the 

``Indian Preference'' clause of this contract. If one or more 

responsible bids or acceptable proposals are received, award shall be 

made to the low responsible bidder or acceptable offeror if the price is 

determined to be reasonable. If the low responsive bid or acceptable 

proposal is determined to be unreasonable as to price, the Contractor 

shall attempt to negotiate a reasonable price and award a subcontract. 

If a reasonable price cannot be agreed upon, the Contractor shall comply 

with the requirements of paragraph (d) of the ``Indian Preference'' 

clause of this contract.

    (5) Maintain written records under this contract which indicate: The 

numbers of Indians seeking employment for each employment position 

available under this contract; The number and types of positions filled 

by Indians and non-Indians, and the total number of Indians employed 

under this contract; For those positions where there are both Indian and 

non-Indian applicants, and a non-Indian is selected for employment, the 

reason(s) why the Indian applicant was not selected; Actions taken to 

give preference to Indian organizations and Indian-owned economic 

enterprises for subcontracting opportunities which exist under this 

contract;



[[Page 82]]



Reasons why preference was not given to Indian firms as subcontractors 

or suppliers for each requirement where it was determined by the 

Contractor that such preference would not be consistent with the 

efficient performance of the contract; and The number of Indian 

organizations and Indian-owned economic enterprises contacted, and the 

number receiving subcontract awards under this contract.

    (6) Submit to the Contracting Officer for approval a quarterly 

report which summarizes the Contractor's Indian preference program and 

indicates the number and types of available positions filled by Indians 

and non-Indians, and the dollar amounts of all subcontracts awarded to 

Indian organizations and Indian-owned economic enterprises, and to all 

other firms.

    (7) Maintain records pursuant to this clause and keep them available 

for review by the Government until expiration of one (1) year after 

final payment under this contract, or for such longer period as may be 

required by any other clause of this contract or by applicable law or 

regulation.

    (b) For purposes of this clause, the following definitions of terms 

shall apply:

    (1) The terms ``Indian,'' ``Indian Tribe,'' ``Indian Organization,'' 

and ``Indian-owned economic enterprise'' are defined in the clause of 

this contract entitled ``Indian Preference.''

    (2) ``Indian reservation'' includes Indian reservations, public 

domain Indian Allotments, former Indian reservations in Oklahoma, and 

land held by incorporated Native groups, regional corporations, and 

village corporations under the provisions of the Alaska Native Claims 

Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.)

    (3) ``On or near an Indian Reservation'' means on a reservation or 

reservations or within that area surrounding an Indian reservation(s) 

where a person seeking employment could reasonably be expected to 

commute to and from in the course of a work day.

    (c) Nothing in the requirements of this clause shall be interpreted 

to preclude Indian Tribes from independently developing and enforcing 

their own Indian preference requirements. Such requirements must not 

conflict with any Federal statutory or regulatory requirement dealing 

with the award and administration of contracts.

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

including this paragraph (d), in each subcontract awarded at any tier 

under this contract and to notify the Contracting Officer of such 

subcontracts.

    (e) 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.



                             (End of clause)