[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: 48CFR370.205]



[Page 88]

 

            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. 370.205  Tribal preference requirements.



    (a) Where the work under a contract is to be performed on an Indian 

reservation, the contracting activity may supplement the clause set 

forth in 352.270-3 by adding specific Indian preference requirements of 

the Tribe on whose reservation the work is to be performed. The 

supplemental requirements shall be jointly developed for the contract by 

the contracting activity and the Tribe. Supplemental preference 

requirements must represent a further implementation of the requirements 

of section 7(b) of Public Law 93-638 and must be approved by the 

affected program director and approved for legal sufficiency by the 

Business and Administrative Law Division, OGC, or a regional attorney 

before being added to a solicitation and resultant contract. Any 

supplemental preference requirements to be added to the clause in 

352.270-3 shall be included in the solicitation and clearly identified 

in order to insure uniform understanding of the additional requirements 

by all prospective bidders or offerors.

    (b) Nothing in this part shall be interpreted to preclude Tribes 

from independently developing and enforcing their own tribal preference 

requirements. Such independently developed tribal preference 

requirements shall not, except as provided in paragraph (a) of this 

section, become a requirement in contracts covered under this subpart 

370.2, and must not conflict with any Federal statutory or regulatory 

requirement concerning the award and administration of contracts.