[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: 48CFR370.202]



[Page 87]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 370_SPECIAL PROGRAMS AFFECTING ACQUISITION--Table of Contents

 

      Subpart 370.2_Indian Preference in Employment, Training, and 

                      Subcontracting Opportunities

 

Sec. 370.202  Applicability.



    The Indian Preference clause set forth in 352.270-2 and the Indian 

Preference Program clause set forth in 352.270-3 have been developed to 

implement section 7 (b) of Public Law 93-638 for all activities of the 

Department. The clauses shall be used by any affected departmental 

contracting activity as follows, except solicitations issued and 

contracts awarded pursuant to Title I of Public Law 93-638 (25 U.S.C. 

450 et seq.) are exempted:

    (a) The Indian Preference clause (352.270-2) shall be included in 

each solicitation and resultant contract, regardless of dollar amount:

    (1) When the contract is to be awarded pursuant to an act 

specifically authorizing contracts with Indian organizations; or

    (2) Where the work to be performed under the contract is 

specifically for the benefit of Indians and is in addition to any 

incidental benefits which might otherwise accrue to the general public.

    (b) The Indian Preference Program clause (352.270-3) shall be 

included in each solicitation and resultant contract when:

    (1) The dollar amount of the acquisition is expected to equal or 

exceed $50,000 for nonconstruction work or $100,000 for construction 

work;

    (2) The Indian Preference clause is to be included in the 

solicitation and resultant contract; and

    (3) The determination is made, prior to solicitation, that the work 

to be performed under the resultant contract will take place in whole or 

in substantial part on or near an Indian reservation(s). In addition, 

the Indian Preference Program clause may be included in any solicitation 

and resultant contract below the $50,000 or $100,000 level for 

nonconstruction or construction contracts, respectively, but which meet 

the requirements of paragraphs (b)(2) and (3) of this section 370.202, 

and, in the opinion of the contracting activity, offer substantial 

opportunities for Indian employment, training, and subcontracting.