§ 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 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. ervations 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 1 Responsibility and Authority 1 § 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. § 14H-1.404-4 Assignment of duties to contracting officers. The requirements of this section shall be exercised in conformity with § 14H-1.451. 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. 1 EDITORIAL NOTE: Section 14H-1.451, referred to throughout this subpart, was removed at 47 FR 43061, Sept. 30, 1982. Sec. 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. 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 establishments 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. Indian organizations will not require the payment of interest. §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). § 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 referred to in the determinations, findings, and authority and shall be incorporated into the contract. b. (Note to Contracting Officer: Summarize the specific facts and significant circumstances concerning the contract and the contractor, which, together with the other findings, will clearly support the determination below). c. An advance payment has been requested by the contractor and is required for prompt and efficient performance of the services under this contract which will be of benefit to the Bureau. No means of adequate financing other than by an advance payment are available to the Contractor. d. The attached advance payment clause that will be included in the contract contains appropriate provisions for the protection of the Government as security for the advance payment. These include provisions that the advance payment(s), and all progress and final contract payments made, will be deposited in a special bank account, and that the Government will have a paramount lien upon (1) the credit balance in the special bank account, (2) any supplies contracted for, and (3) any material or property acquired for the performance of the contract. e. The security provisions of the advance payment clause that will be used are deemed adequate. f. Because of the lack of financial resources, the Contractor is not in a position to pay interest and it should not be charged on the advance payment(s). g. The Bureau is committed to help develop Indian organizations to attain financial and managerial viability. DETERMINATIONS 2. Upon the foregoing findings, I hereby determine that the making of an advance payment(s) without payment of interest, except as provided in the attached advance payment clause that will be included in the contract, is in the public interest. AUTHORIZATION Upon the findings and determination stated above, an advance payment not to exceed the amount stated below is hereby authorized pursuant to 41 U.S.C. 255 upon terms and conditions as contained in the advance payment clause to be included in the contract, a copy of which is attached thereto. The amount of the advance payment(s), at any time outstanding, shall not exceed the unpaid contract price nor the contractor's estimated interim needs arising during the reimbursement cycle. Amount of advance payment shall not exceed thirty (30) percent of the contract amount including any modification. Signature: |