[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: 48CFR370.501]



[Page 90-91]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 370_SPECIAL PROGRAMS AFFECTING ACQUISITION--Table of Contents

 

           Subpart 370.5_Acquisitions Under the Buy Indian Act

 

Sec. 370.501  Policy.



    (a) The Indian Health Service will utilize the negotiation authority 

of the Buy Indian Act to give preference to Indians whenever the use of 

that authority is authorized and is practicable. The Buy Indian Act, 25 

U.S.C. 47, prescribes the application of the advertising requirements of 

section 3709 of the Revised Statutes to the acquisition of Indian 

supplies. As set out in 25 U.S.C. 47, the Buy Indian Act provides as 

follows:



    So far as may be practicable Indian labor shall be employed, and 

purchases of the products (including, but not limited to printing, 

notwithstanding any other law) of Indian industry may be made in open 

market in the discretion of the Secretary of the Interior.



    (b) The functions, responsibilities, authorities, and duties of the 

Secretary of the Interior for maintenance and operation of hospital and 

health facilities for Indians and for the conservation of the health of 

Indians are transferred to the Surgeon General of the United States 

under the supervision of the Secretary of Health and Human Services, 42 

U.S.C. 2001 (a). Accordingly, the Secretary of Health and Human Services 

is authorized to use the Buy Indian



[[Page 91]]



Act in the acquisition of products of Indian industry in connection with 

the maintenance and operation of hospital and health facilities for 

Indians and for the conservation of the health of Indians. This 

authority has been delegated exclusively to the Indian Health Service 

and is not available for use by any other HHS component (unless that 

component is making an acquisition on behalf of the Indian Health 

Service).

    (c) Use of the Buy Indian Act negotiation authority has been 

emphasized in subsequent legislation, particularly Public Law 94-437 and 

Public Law 96-537.