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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 93 633 (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 warded 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, and, in the opinion of the contracting activity, offer substantial opportunities for Indian employment, training, and subcontracting.
(a) Indian means a person who is a member of an Indian Tribe. If the contractor has reason to doubt that a person seeking employment preference is an Indian, the contractor shall grant the preference but shall require the individual to provide evidence within thirty (30) days from the Tribe concerned that the person is a member of that Tribe.
(b) Indian Tribe means an Indian Tribe, pueblo, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(c) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).
(d) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control.
(e) Indian reservation includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.).
(f) On or near an Indian Reservation means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably be expected to commute to and from in the course of a work day.
For purposes of this Subpart 370.2, the following definitions shall apply:
370.204 Compliance enforcement.
(a) The concerned contracting activity shall be responsible for conducting periodic reviews to insure contractor compliance with the requirements of
the clauses set forth in 352.270_2 and 352.2703. These reviews may be conducted with the assistance of the Indian Tribe(s) concerned.
(b) Complaints of noncompliance with the requirements of the clauses set forth in 352.270–2 and 352.270_3 which are filed in writing with the contracting activity shall be promptly investigated and resolved by the contracting officer. 370.206 Tribal preference require
ments. (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 require
ments of section 7(b) of Public Law 93638 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 ensure uniform understanding of the additional requirements by all prospective bidders or offerors.
(b) Nothing in these regulations 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) above, 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.
ATTACHMENT I TO CHAPTER 3SINGLE LETTER OF CREDIT RECIPIENTS AND CENTRAL POINT ADDRESSES
University of Alabama Medical Center, 1-636005396-A4
1-636001138-A2, 1-636001138-A3, 1-636001138-A4, 1-636001138–
A5, Director, Office of Grants and Contracts Accounting, University of Ala-1-636001138-81, 1-636005396–A3 1-636005396-A4, 1-636005396-A5, bama, University Station, Birmingham, Alabama 35296.
1-636005396-A6, 1-636005396-A7, 1-636005396-A8.
B2, 1-636001138-B3, 1-636001138-B4.
Birmingham, Alabama 35205.
1-000700389-A1, 1-926001185-A2, 1-926001185-A3
B1, 1-926001185-B2, 1-926001185-B3, 1-926001185-B6, 1-
1-866004791-A1, 1-866004791-A2, 1-866004791-A3,
1-866004791-A4, 1-866004791-A5, 1-866004791-A6, 1-866004791
A7, 1-866004791-A8, 1-866004791-A9, 1-866004791-B2, 1-
866004791-E6, 1-866004791-E7, 1-866004791-E8, 1-866004791-E9.
ter, 1600 Pacific Highway. San Diego, California 92101.
1-956006144-A1, 1-956006144-A2, 1-956006144-A3 Davis
1-946036494-A1 Los Angeles
1-956006143-A1, 1-956006143-A2, 1-956006143-A3, 1-956006143–
1-946036493-A1, 1-946036493-A6, 1-946036493-A7, 1-946036493-A8
1-951684089-A1 ........... Comptroller, Scripps Clinic and Res. Fndn. 476 Prospect Street, La Jolla,
District of Colum
Yale University. 1-060646973-A1
1-060646973-A1, 1-060646973-A2, 1-060646973-A4
New Haven, Conn. 05611.
1-530196603-A1, 1-530196603-A2, 1-530196603-A3
Washington, D.C. 20037.
of Florida, Room 106, R. Johnson Hall, Gainesville, Florida 32611.
1-590624458-A1, 1-590624458-A2, 1-590624458-A3
1-580973190-A2, 1-581130678-A1, 1-581130678-A5,
A2, 1-586002042-A3, 1-586002042-A4, 1-586002042-A6, 1
900000257-A1, 1-900000648-A1. Territory of Guam, 1-980018947-EB
1-000040215-A1, 1-000040218-A1, 1-000040228-A1
University of Agriculture & Applied Sciences, Anderson Hall, Manhattan,
ATTACHMENT I TO CHAPTER 3-SINGLE LETTER OF CREDIT RECIPIENTS AND CENTRAL POINT ADDRESSES-Continued
1-042103547-A1, 1-042103547-A2, 1-042103547-A4
1-042103580-A2, 1-042103580-A3, 1-042103580-A4
1-042103580-A7, 1-042103580-A8, 1-042103580-A9, 1-042103580-81
1-041564300-A1, 1-041564655-A3, 1-041564655-A4
Maple Avenue, Shrewsbury, Massachusetts 01545.
Johns Hopkins University, Garland Hall, Rm 327, Charles and 34th A3, 1-520595110-A4, 1-520595110-A5.
1-386006309-A1, 1-386006309-A2, 1-386006309-A3 University Cashier, Regents of the University of Michigan, 1015 L.S. & A. 1-386006309–A4, 1-386006309–A5, 1-386006309-A6, 1-386006309Bldg., Ann Arbor, Michigan 48104.
A7, 1-386006309-A8, 1-386006309-A9, 1-386006309-B1,1
1-416007513-A1, 1-416007513-A2, 1-416007513-A3
B3, 1-416007513-84, 1-416007513-85, 1-416007513-87.
1-000021900-A1, 1-210674761-A1, 1-470491233-A1
Organization and payee No.
Jackson Laboratories, 1-010211513-A1
bor, Maine 04609.
Technology, Cambridge, Mass. 02139.
Streets, Baltimore, Md. 21218.
souri 64110. State of Nebraska, 1-470491233-C5