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dicated, unless otherwise provided by law.
8 14H-1.006 Issuance.
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.
8 14H-1.006-1 Code arrangement.
BIAPR are issued in the Code of Federal Regulations as Chapter 14H of Title 41, Public Contracts and Property Management. BIAPR contain the alphabetical letter “H” which identifies the Bureau and which immediately follows the Code (14) which identifies the Department as illustrated in IPR.
8 14H-1.009 Deviation.
8 14H-1.006-2 Publication.
BIAPR will be published in the FEDERAL REGISTER and in separate looseleaf form on salmon colored paper.
8 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 devi. ations 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.
§ 14H-1.007 Arrangement.
8 14H-1.007-1 General plan.
The general plan, numbering system, and nomenclature used in FPR and IPR, which conform to the FEDERAL REGISTER standards, are adhered to in BIAPR.
Subpart 14H-1.2-Definition of
8 14H-1.007-2 Numbering.
For ease in identification, the numbering system and part, subpart, and section titles used in FPR, and in IPR are also used in BIAPR.
8 14H-1.007-3 Citation.
Using this section as an example BIAPR should be cited as, “BIAPR 14H-1.007-3.” When referred to formally in official documents such as legal briefs, the section should be cited as “41 CFR 14H-1.007-3."
8 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.
8 14H-1.206 Head of the procuring activi.
ty. "Head of the procuring activity” means the Commissioner.
8 14H-1.270 Definitions and terms per
taining to contracts with Indian tribes. [40 FR 12502, Mar. 19, 1975)
8 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
8 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)
The authority under this section shall be exercised in conformity with $ 14H-1.451.
8 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-1.270-4 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)
8 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.
(viii) Area Contracts and Grants Officer, Albuquerque, Billings and Eastern Area Offices
[44 FR 26745, May 7, 1979)
§ 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 officer 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
Subpart 14H-3.2-Circumstances Permitting
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,
Subpart 14H-3.8—Price Negotiation Policies
§ 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:
(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:
(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.
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.
§ 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 § 14H-1.270-4 of this chapter. § 14H-3.215 Otherwise authorized by law.
8 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.
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
Subpart 14H-3.8—Price Negotiation
Policies and Techniques
DETERMINATIONS AND FINDINGS
§ 14H-3.807 Pricing techniques.
AUTHORITY TO NEGOTIATE A CLASS OF
§ 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.
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
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.
8 14H-30.214-1 Cash flow forecast and es
timated financial statements. The requirements of $ 1-30.214-1 are optional with the contracting officer when contra ing with
an Indian tribal contractor pursuant to Subpart 14H-3.2.
8 14H-30.214-2 Realistic assumptions.
The requirements of $ 1-30.214-2 are optional with the contracting officer when contracting with Indian tribal contractor pursuant to Subpart 14H-3.2.
8 14H-30.214-3 Estimated profit and loss
statements and balance sheets. The requirements of § 1-30.214-3 are optional with the contracting officer when contracting with Indian tribal contractor pursuant to Subpart 14H-3.2.
Subpart 14H-30.2—Basic Policies
poses. 14H-30.214-1 Cash flow forecast and esti
mated financial statements. 14H-30.214-2 Realistic assumptions. 14H-30.214-3 Estimated profit and loss
statements and balance sheets.
Subpart 14H-30.4—Advance Payments
Subpart 14H-30.4- Advance
authorizations. 14H-30.411 Application for advance pay
ment. 14H-30.412 Action by contracting officer. 14H-30.414 Agreement for special bank ac
count and contract provisions. 14H-30.414-1 Form of agreement for spe
cial bank account. 14H-30.414-2 Contract provisions for ad
vance payments. 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 12503, Mar. 19, 1975, unless otherwise noted.
$ 14H-30.403 Interest.
Advance payments made under nonprofit contracts to Indian tribal contractors, individual Indians and other Indian organizations will not require the payment of interest.
8 14H-30.404 Standards-amounts-need.
An advance payment to an Indian tribal contractor, as defined in 14H1.270-4, is an exception under § 130.404(b).
Subpart 14H-30.2—Basic Policies
8 14H-30.213 Financial information and
analysis. The requirements of g 1-30.213 are optional with the contracting officer 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-30.406 Responsibility-delegation of
authority, Authority to make advance payments not to exceed $250,000 to Indian tribal contractors and other Indians who operate a totally Indian owned and controlled non-profit business and who qualify for contracts with the Bureau of Indian Affairs shall be exercised by the Area Directors. Advance payments shall be made based upon written findings, determinations and authority as provided for in § 1-30.405 that the making of the advance payments is in the public interest and that adequate financing cannot be obtained elsewhere. The advance payment clause in § 14H-30.414-2 shall be
8 14H-30.214 Appropriate information
purposes. The requirements of $ 1-30.214 are optional with the contracting officer when contracting with an Indian tribal contractor pursuant to Subpart 14H-3.2.