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PART 14H-1-GENERAL

Sec. 14H-1.000 Scope of part.

Subpart 14H-1.0-Regulation System 14H-1.001 Scope of subpart. 14H-1.002 Purpose. 14H-1.003 Authority. 14H-1.004 Applicability. 14H-1.006 Issuance. 14H-1.006-1 Code arrangement. 14H-1.006-2 Publication. 14H-1.007 Arrangement. 14H-1.007-1 General plan. 14H-1.007-2 Numbering. 14H-1.007-3 Citation. 14H-1.008 Agency implementation. 14H-1.009 Deviation. 14H-1.009-2 Procedure.

8 14H-1.000 Scope of part.

(a) This part establishes a system for the codification and publication of policies and procedures of the Bureau of Indian Affairs (Bureau) regulations which implement, supplement or deviate from the Federal Procurement Regulations (FPR) and Interior Procurement Regulations (IPR), when appropriate.

(b) The Federal Procurement Regulations are published as Chapter 1 of this title. The Interior Procurement Regulations which implement and supplement the FPR are published as Chapter 14 of this title. The Bureau Procurement Regulations which implement and supplement the FPR and IPR are published as Chapter 14H of this title. It is the basic policy of the Bureau to apply the Federal Procurement Regulations and the Interior Procurement Regulations. Thus, as to most elements of the procurement process, substantive guidelines will be found by reference to those regulations in the order mentioned.

Subpart 14H-1.2-Definition of Terms

14H-1.205 Procuring activity. 14H-1.206 Head of the procuring activity. 14H-1.270 Definitions and terms pertain

ing to contracts with Indian tribes. 14H-1.270-1 Reservation program. 14H-1.270-2 Indian reservation. 14H-1.270-3 Indian tribe. 14H-1.270-4 Indian tribal contractor.

Subpart 14H-1.0—Regulation System

Subpart 14H-1.3—General Policies

14H-1.302 Procurement sources. 14H-1.302-3 Contracts between the Gov

ernment and Government employees or business concerns substantially owned or controlled by Government employees.

8 14H-1.001 Scope of subpart.

This subpart establishes the Bureau of Indian Affairs Procurement Regulations (BIAPR) and states their relationship to the Federal Procurement Regulations (FPR) and the Interior Procurement Regulations (IPR).

8 14H-1.002 Purpose.

This subpart establishes for the Bureau uniform policies and procedures related to procurement of personal property, nonpersonal services, construction, and real property by lease.

Subpart 14H-1.4—Procurement Responsibility

and Authority 14H-1.402 Authority of contracting offi

cers. 14H-1.404 Selection, designation and ter

mination of designation of contracting

officers. 14H-1.404-2 Designation. 14H-1.404-3 Termination of designation. 14H-1.404-4 Assignment of duties to con

tracting officers. 14H-1.451 Delegation and redelegation of

authority and designation of contracting

officers. 14H-1.451-2 Designation of contracting of.

ficer positions. 14H-1.451-6 Limitation of contracting offi

cer authority. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 34 FR 13659, Aug. 26, 1969, unless otherwise noted.

8 14H-1.003 Authority.

BIAPR are prescribed by the Commissioner of Indian Affairs (Commissioner) under the Federal Property and Administrative Services Act of 1949, as amended, or other authority specifically cited.

8 14H-1.004 Applicability.

BIAPR apply to all procurement activities of the Bureau to the extent in

dicated, unless otherwise provided by the material in FPR and IPR, will be law.

issued as Bureau of Indian Affairs

Procurement Instructions (BIAPI). To 8 14H-1.006 Issuance.

simplify usage of BIAPI in conjunc

tion with FPR, IPR and BIAPR the § 14H-1.006-1 Code arrangement.

same system and format used for BIAPR are issued in the Code of those regulations will be followed. A Federal Regulations as Chapter 14H

yellow colored paper will be used for of Title 41, Public Contracts and Prop- BIAPI. erty Management. BIAPR contain the alphabetical letter “H” which identi- § 14H-1.009 Deviation. fies the Bureau and which immediately follows the Code (14) which identi

8 14H-1.009-2 Procedure. fies the Department as illustrated in Deviations from FPR and IPR by IPR.

the Bureau will be kept to a minimum

and controlled as follows: 8 14H-1.006-2 Publication.

(a) Requests for approval of deviBIAPR will be published in the FED- ations may be submitted by contractERAL REGISTER and in separate loose

ing officers to the Commissioner. The leaf form on salmon colored paper. requests shall cite the specific part of

FPR, or IPR, from which it is desired 8 14H-1.007 Arrangement.

to deviate, shall set forth the nature 8 14H-1.007-1 General plan.

of the deviations, and shall give the

reasons for the action requested. ReThe general plan, numbering

quests considered meritorious will be system, and nomenclature used in

submitted for approval as provided for FPR and IPR, which conform to the

in IPR. No deviation shall be effective FEDERAL REGISTER standards, are ad until approved. hered to in BIAPR. 8 14H-1.007–2 Numbering.

Subpart 14H-1.2-Definition of For ease in identification, the num

Terms bering system and part, subpart, and section titles used in FPR, and in IPR

§ 14H-1.205 Procuring activity. are also used in BIAPR.

“Procuring activity” means the

Bureau of Indian Affairs in which au8 14H-1.007-3 Citation.

thority to contract for the procureUsing this section as an example ment of personal property, nonperBIAPR should be cited as, “BIAPR sonal services, and construction is 14H-1.007-3.” When referred to for- vested. mally in official documents such as legal briefs, the section should be cited 8 14H-1.206 Head of the procuring activi. as “41 CFR 14H-1.007-3."

ty.

"Head of the procuring activity" 8 14H-1.008 Agency implementation.

means the Commissioner. (a) It is Bureau policy to utilize FPR and IPR to the fullest extent possible 8 14H-1.270 Definitions and terms perin the conduct of all procurement mat taining to contracts with Indian tribes. ters. The Bureau will conform to this [40 FR 12502, Mar. 19, 1975) policy by avoiding implementation, supplementation, or deviation from 8 14H-1.270-1 Reservation program. FPR and IPR unless compelling reasons exist for doing so.

"Reservation program” means all or (b) FPR and IPR shall be applicable

any part of a program for operating as issued unless implemented, supple

reservation activities that could be mented, or deviated from in BIAPR.

performed by an Indian tribe as deter(c) Matters which pertain to pro

mined by the Commissioner and/or curement but are primarily for inter

authorized by law. nal guidance whether or not related to [40 FR 12502, Mar. 19, 1975)

Subpart 14H-1.3—General Policies

8 14H-1.302 Procurement sources.

8 14H-1.270-2 Indian reservation.

"Indian reservation" means all Indian reservations, former Indian reservations in Oklahoma, and lands occupied by other Indian groups and by Alaska Native communities, including all or any part of any of the twelve regions in Alaska established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), that are recognized by the Secretary, or his designee. [40 FR 12502, Mar. 19, 1975)

8 14H-1.302–3 Contracts between the Gov.

ernment and Government employees or business concerns substantially owned or controlled by Government employees. Contracting Officers shall refer all proposed contracts with Government employees or business concerns substantially owned or controlled by Government employees to the Commissioner. Approval of the Assistant Secretary for Administration will be requested in those instances where the Commissioner determines it would be in the Government's interest to enter into such a contract.

Subpart 14H-1.4-Procurement Responsibility and Authority

814H-1.402 Authority of contracting offi

cers. The authority under this section shall be exercised in conformity with § 14H-1.451.

8 14H-1.270-3 Indian tribe.

"Indian tribe” means any Indian tribe, band, nation, or other organization or community, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and includes village corporations, regional corporations, and Native associations provided for or recognized by the Alaska Native Claims Settlement Act (85 Stat. 688). [40 FR 12502, Mar. 19, 1975) 8 14H-1.270–4 Indian tribal contractor.

"Indian tribal contractor" means the tribal governing body of an Indian tribe as defined in § 14H-1.270-3, any public or private non-profit type corporation or agency which is approved by an Indian tribal governing body and which serves an Indian tribe, or any organization legally established by one or more Indian tribal governing bodies for the benefit of their respective members which is controlled and operated by such Indian tribal governing bodies. With respect to any reservation program, such term refers to an Indian tribe or other organization which represents the particular Indian reservation where such reservation program is located.

$14H-1.404 Selection, designation, and

termination of designation of contract

ing officers. The authority under this section shall be exercised in conformity with § 14H-1.451.

8 14H-1.404-2 Designation.

The authority under this section shall be exercised in conformity with § 14H-1.451.

8 14H-1.404-3 Termination of designation.

The requirements of this section shall be exercised in conformity with § 14H-1.451.

(40 FR 12502, Mar. 19, 1975)

8 14H-1.404-4 Assignment of duties to

contracting officers. The requirements of this section shall be exercised in conformity with $ 14H-1.451.

(viii) Area Contracts and Grants Officer, Albuquerque, Billings and Eastern Area Offices [44 FR 26745, May 7, 1979)

8 14H-1.451 Delegation and redelegation

of authority and designation of con

tracting officers. Except for such limitations as are prescribed elsewhere, the authority delegated to the Commissioner with respect to all matters relating to contracting and procurement of supplies, services, and construction, except the authority to designate contracting of. ficer positions, is hereby redelegated to the contracting officer positions designated in § 14H-1.451-2.

8 14H-1.451-6 Limitation of contracting

officer authority. Contract Engineering Advisor, Portland, Oreg., is limited to the approval of nonnegotiated construction contracts not exceeding $25,000. (35 FR 11398, July 16, 1970)

PART 14H-3—PROCUREMENT BY

NEGOTIATION

Subpart 14H-3.2—Circumstances Permitting

Negotiation

Sec. 14H-3.210 Impractical to secure competi

tion by formal advertising. 14H-3.215 Otherwise authorized by law. 14H-3.215-70 Buy Indian Act.

Subpart 14H-3.3—Determinations, Findings,

and Authorities

14H-3.301 General.

Subpart 14H-3.8—Price Negotiation Policies

and Techniques

8 14H-1.451-2 Designation of contracting

officer positions. (a) Each of the following organizational titles is designated as a contracting officer position:

(1) Headquarters Office Officials:
(i) Commissioner.
(ii) Deputy Commissioner.

(iii) Director, Office of Administration.

(iv) Chief, Contracting and Grants Administration Staff.

(v) Contract Specialist (Operations).

(vi) Chief, Division of Property Management.

(vii) Chief, Division of Facilities Engineering, Albuquerque, New Mexico.

(viii) Chief. Branch of Contract Services, Division of Facilities Engi. neering, Albuquerque, New Mexico.

(ix) Chief, Indian Technical Assistance Center, Denver, Colorado.

(x) Chief, Contracts Group, Indian Technical Assistance Center, Denver, Colorado.

(xi) Property and Supply Officer, Field Administrative Office, Albuquerque, New Mexico.

(2) Area Office Officials:
(i) Area Director.
(ii) Area Administrative Officer.

(iii) Area Property and Supply Officer except the Albuquerque and Navajo Area Property and Supply Officers.

(iv) Director, Seattle Liaison Office, Seattle, Washington.

(v) Contract Administrator, Aberdeen and Juneau Area Offices.

(vi) Chief, Branch of Contracting and Procurement Services, Navajo Area Office.

(vii) Supervisory Contract Specialist, Minneapolis and Portland Area Of fices.

14H-3.807 Pricing techniques. 14H-3.807-2 Requirements for price or cost

analysis. 14H-3.807-3 Cost or pricing data.

AUTHORITY: Act of November 2, 1921, Ch. 115, 42 Stat. 208 (25 U.S.C. 13); 41 CFR 141.008; sec. 23, Act of June 25, 1910 (36 Stat. 861, as amended; 25 U.S.C. 47).

SOURCE: 40 FR 12502, Mar. 19, 1975, unless otherwise noted.

Subpart 14H-3.2-Circumstances

Permitting Negotiation

8 14H-3.210 Impractical to secure compe

tition by formal advertising. Indian reservation programs can be performed successfully only by an Indian tribal governing body or by an entity approved by such a body. Therefore, a contract for an Indian reservation program will be made only with an Indian tribal contractor as defined in g 14H-1.270-4 of this chapter.

8 14H-3.215 Otherwise authorized by law. § 14H-3.215-70 Buy Indian Act.

Section 23 of the Act of June 25, 1910 (36 Stat. 861; 25 U.S.C. 47) referred to as the Buy Indian Act permits negotiation of contracts with Indians to the exclusion of non-Indians, and, when used, should be cited in the contract document.

Subpart 14H-3.3—Determinations,

Findings, and Authorities

tablishments allow and encourage tribal governments to enter into contracts with the Bureau of Indian Affairs for the performance of Indian reservation programs.

(c) It is not conducive to Indian self-determination or feasible to formally advertise or to attain competition for the performance of programs or the furnishing of services by contract on an Indian reservation when the program or services fall in the category of those that could be performed by an Indian tribal contractor for its members with the governing body of the Indian tribe or such other organization established by the governing bodies of one or several Indian tribes.

(d) Contracts with Indian tribal contractors for the performance of various programs or for the furnishing of various kinds of services on Indian reservations are contracts for which it is hereby determined to be impracticable to obtain competition and therefore such contracts with Indian tribal contractors for the performance of Indian reservation programs shall of necessity be negotiated without regard to competition as authorized by § 1-3.210 of the Federal Procurement Regulations.

8 14H-3.301 General.

The following class determination and findings apply to all contracts and contract modifications entered into with an Indian tribal contractor as defined in § 14H-1.270-4 for the performance of reservation programs and authorize negotiation without competition. This section shall be cited on all contracts entered into with an Indian tribal contractor as defined in § 14H1.270-4 of this chapter.

BUREAU OF INDIAN AFFAIRS
DETERMINATIONS AND FINDINGS
AUTHORITY TO NEGOTIATE A CLASS OF

CONTRACTS Based upon the following findings and determinations, the class of contracts for reservation programs may be negotiated without competition pursuant to authority of 41 U.S.C. 252(c)(10) and as implemented by § 1-3.210 of the Federal Procurement Regulations, by any contracting officer.

Findings (a) The Bureau of Indian Affairs, through its various contracting officers, proposed to enter into contracts by negotiation without competition for the performance of programs and the furnishing of services from Indian tribal contractors.

(b) National policy proclaims that Indian tribes be given an opportunity for self-determination in resolving the many facets that pertain to their well being. Contracting with tribal governments for the performance of various programs and for the furnishing of various kinds of services is one method toward the accomplishment of that goal. Accordingly it is the policy of the Department of the Interior that the Bureau of Indian Affairs through its various field es

Subpart 14H-3.8—Price Negotiation

Policies and Techniques 14H-3.807 Pricing techniques. 8 14H-3.807-2 Requirements for price or

cost analysis. Except for initial contracts or other agreements for the performance of reservation programs, the requirements of § 1-3.807-2 are optional with contracting officers when contracting with an Indian tribal contractor pursuant to Subpart 14H-3.2 when a plan of operation has been presented and accepted. 8 14H-3.807-3 Cost or pricing data.

Except for initial contracts or other agreements for the performance of reservation programs, the requirements of § 1-3.807-3(a) are optional with the contracting officer when an Indian tribal contractor is involved pursuant to Subpart 14H-3.2 if the ini. tial plan of operation contains itemized estimates of costs.

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