14H-1.404 Selection, designation and termination 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 contracting officers. 14H-1.451 Delegation and redelegation of authority and designation of contracting officers. 14H-1.451-2 Designation of contracting officer positions. 14H-1.451-6 Limitation of contracting officer authority. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c). SOURCE: 34 FR 13659, Aug. 26, 1969, unless otherwise noted. § 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-1.0-Regulation System § 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). § 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. § 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. § 14H-1.004 Applicability. BIAPR apply to all procurement activities of the Bureau to the extent in § 14H-1.008 Agency implementation. (a) It is Bureau policy to utilize FPR and IPR to the fullest extent possible in the conduct of all procurement matters. The Bureau will conform to this policy by avoiding implementation, supplementation, or deviation from FPR and IPR unless compelling reasons exist for doing so. (b) FPR and IPR shall be applicable as issued unless implemented, supplemented, or deviated from in BIAPR. (c) Matters which pertain to procurement but are primarily for internal guidance whether or not related to the material in FPR and IPR, will be issued as Bureau of Indian Affairs Procurement Instructions (BIAPI). To simplify usage of BIAPI in conjunction with FPR, IPR and BIAPR the same system and format used for those regulations will be followed. A yellow colored paper will be used for BIAPI. § 14H-1.009 Deviation. § 14H-1.009-2 Procedure. Deviations from FPR and IPR by the Bureau will be kept to a minimum and controlled as follows: (a) Requests for approval of deviations may be submitted by contracting officers to the Commissioner. The requests shall cite the specific part of FPR, or IPR, from which it is desired to deviate, shall set forth the nature of the deviations, and shall give the reasons for the action requested. Requests considered meritorious will be submitted for approval as provided for in IPR. No deviation shall be effective until approved. Subpart 14H-1.2-Definition of Terms § 14H-1.205 Procuring activity. "Procuring activity" means the Bureau of Indian Affairs in which authority to contract for the procurement of personal property, nonpersonal services, and construction is vested. § 14H-1.206 Head of the procuring activity. "Head of the procuring activity" means the Commissioner. 8 14H-1.270 Definitions and terms pertaining to contracts with Indian tribes. [40 FR 12502, Mar. 19, 1975] § 14H-1.270-1 Reservation program. "Reservation program" means all or any part of a program for operating reservation activities that could be performed by an Indian tribe as determined by the Commissioner and/or authorized by law. [40 FR 12502, Mar. 19, 1975] § 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 desig nee. [40 FR 12502, Mar. 19, 1975] § 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] § 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. [40 FR 12502, Mar. 19, 1975] Subpart 14H-1.3-General Policies § 14H-1.302 Procurement sources. § 14H-1.302-3 Contracts between the Government and Government employees or business concerns substantially owned or controlled by Government employ ees. 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 § 14H-1.402 Authority of contracting offi cers. The authority under this section shall be exercised in conformity with § 14H-1.451. § 14H-1.404 Selection, designation, and termination of designation of contracting officers. The authority under this section shall be exercised in conformity with § 14H-1.451. § 14H-1.404-2 Designation. The authority under this section shall be exercised in conformity with § 14H-1.451. § 14H-1.404-3 Termination of designation. The requirements of this section shall be exercised in conformity with § 14H-1.451. 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. § 14H-1.451 Delegation and redelegation of authority and designation of contracting 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 officer positions, is hereby redelegated to the contracting officer positions designated in § 14H-1.451-2. § 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: (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 Engineering, 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 Offices. (viii) Area Contracts and Grants Officer, Albuquerque, Billings and Eastern Area Offices [44 FR 26745, May 7, 1979] § 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 competition 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 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 § 14H-3.210 Impractical to secure competition 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 § 14H-1.270-4 of this chapter. § 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 § 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 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 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. Subpart 14H-3.8-Price Negotiation Policies and Techniques § 14H-3.807 Pricing techniques. § 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. § 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 initial plan of operation contains itemized estimates of costs. |