Native American APEX Accelerators Program Overview

undefined
 
The 
APEX Accelerators Program
, formerly known as the Procurement Technical
Assistance Program (PTAP). It is administered by Department of Defense (DoD)
Office of Small Business Programs (OSBP) in cooperation with states, local
governments, and nonprofit organizations.
Ninety-four APEX Accelerators 
– with over 300 local offices – in 49 states,
Washington, D.C., Puerto Rico, Guam, and Northern Mariana Islands form a
nationwide network of dedicated procurement professionals working to help
local businesses compete successfully in the government marketplaces. Part of
our network includes APEX Accelerators that specialize in assistance to federally
recognized Indian tribes and Alaska Native entities, their members, and
reservations throughout the country.
Mission
: 
Serve as the axis for existing and new business to strengthen the
defense industrial base by accelerating innovation, fostering ingenuity, and
establishing resilient and diverse supply chains.
Vision
: 
A diverse and resilient domestic industrial base that can deliver
preeminent solutions to the military and other government users.
 
7 NA APEX Accelerator’s
servicing 11 BIA Regions.
Total 96 APEX
Accelerator’s nationwide.
Services are provided at
no-cost
.
Funded in part through a
cooperative agreement
with Department of
Defense (DoD)
 
Find a Native American PTAC
 
https://www.aptac-us.org/
Or
https://www.apexaccelerators.us/
 
Certification application
assistance
Educate on procurement
programs specific to Native
American owned/Tribally
owned/Alaskan Native
Corporations
Create capability statements
Unite businesses with
purchasing & decision
makers
 
Connect primes &
subcontractors
SAM registration process
Proposal Review
Post-award support
Market research
Understand CMMC/NIST
GSA Schedule assistance
undefined
 
Native American APEX Accelerators are an
advocate for ISBEE’s and IEE’s
We 
help business to und
erstand
The DoD 5% Indian Incentive Program
T
he 
R
ules of Buy Indian
Rules Of Procurement
Post Award Issues.
CURE Notice
CPARs
Encourage ISBEE’s / IEE’s to respond to Sources
Sought notifications in SAM
 
Who 
are the 
Native American APEX Accelerators?
Who can I contact in my area?
How do I contact an NA APEX Accelerators?
undefined
 
Covers 100% of the
Eastern,
Southwest, and
Navajo BIA Regions
 
https://www.ncaied.org/ptac/
 
George Williams - Program Manager
undefined
 
Marietta, GA:
Marietta, GA:
George Williams
, Program Manager, Phone: 480-280-6098
Email: 
George@ncaied.org
 
Kathleen Weeks
, Senior Office Manager, Phone: 480-999-2323
Email: 
Kweeks@ncaied.org
 
Window Rock, AZ:
Window Rock, AZ:
Mabel Tsosie
, Procurement Specialist, Phone: 480-371-8373
Email: 
Mabel@ncaied.org
Albuquerque, NM:
Albuquerque, NM:
Adolfo Vasquez
, Procurement Specialist, Phone: 480-321-5748
Email: 
Adolfo@ncaied.org
 
Centennial, CO:
Centennial, CO:
Stan Sams
, Procurement Specialist, 
Phone: 
480-824-8520
Email: 
Stan@ncaied.org
 
Liverpool, NY:
Liverpool, NY:
Cris Pierce
, Senior Procurement Specialist, 
Phone: 
480-843-9847
Email: 
Crystal@ncaied.org
 
Marksville, LA:
Marksville, LA:
Chris Jeansonne
, Procurement Specialist, 
Phone: 
480-376-2892
Email: 
C.jeansonne@ncaied.org
 
https://www.ncaied.org/ptac/
undefined
 
Venessa Gleich, Program Manager
 
http://aicef-ptac.org
 
Covers 100% of the Pacific, Western,
and Northwest BIA Regions
undefined
 
Chandler, AZ:
Chandler, AZ:
Venessa Gleich
, Program Manager
Phone: 480-699-9529
Email: 
Venessa.Gleich@aicccal.org
 
Huntington Beach, CA:
Huntington Beach, CA:
Aaron Emi
, Senior Procurement Specialist
Phone: 213-341-0104
Email: 
Aaron.emi@aicccal.org
 
Maurice Begay
, Procurement Specialist
Phone: 213-442-8612
Email: 
Maurice.begay@aicccal.org
 
Annette Wakolee, 
Procurement Specialist
Phone: 213-442-8611
Email: 
Annette.wakolee@aicccal.org
 
Richland, WA:
Richland, WA:
Jeremy Sandoval
, Procurement Specialist
Phone: 509-581-7505
Email: 
Jeremy.sandoval@aicccal.org
 
Roseburg, OR:
Roseburg, OR:
Linda Sandoval,
 Procurement Specialist
Phone: 541-391-2992
Email: 
Outreach@aicccal.org
 
http://aicef-ptac.org
undefined
 
Mary Walks Over Ice, Acting Program
Manager
 
http://www.nadc-nabn.org/
 
Leonard Smith, Ft. Peck Assiniboine and Sioux
 NADC CEO
 
Mary Walks Over Ice, Ft .Belknap
Assiniboine/Gros Ventres/Turtle Mtn. Chippewa
NADC COO
 
Covers 100% of the Great Plains,
and Rocky Mountain BIA Regions
undefined
 
Billings, MT:
Billings, MT:
Mary Walks Over Ice
, Acting Program Manager
Phone: 406-259-3804
Email: 
mwalksoverice@nadc-nabn.org
 
Heather Latray
, Procurement Specialist
Phone: 406-294-7994
Email: 
HLatray@nadc-nabn.org
 
Joshua 
Arzy
, Procurement Specialist
Phone: 406-259-3804
Email: 
Jarzy@nadc-nabn.org
 
Abigail Omdahl
, Procurement Specialist
Email: 
Aomdahl@nadc-nabn.org
 
Robert Much, 
Procurement Specialist
Phone: 406-442-8543
Email: 
RMuch@nadc-nabn.org
 
Velvett Rock Above Cummings
, Procurement
Specialist
Phone: 406-259-3804
Email: 
vcummings@nadc-nabn.org
 
https://www.nadcapex.com
undefined
 
Michael Channell - Program Manager
http://www.niccptac.org
PTAC@thenicc.edu
 
Covers the Santee Sioux
Nation, and Omaha Nation
on both reservations in
Nebraska, including Native
American businesses that are
located outside of those
reservations
undefined
 
Macy, NE – Main Campus:
Macy, NE – Main Campus:
Michael Channell
, Program Manager
Phone:
 
402-243-5348
Email: 
Mchannell@thenicc.edu
 
Macy, NE – Santee Campus:
Macy, NE – Santee Campus:
Harold “Sony” Hill
, Counselor,
Phone: 605-927-9009
Email: 
HHill@thenicc.edu
 
Debra Grant
, Counselor
Phone: 402-243-5391
Email: 
DGrant1@thenicc.edu
 
http://www.niccptac.org
undefined
 
 
https://pedco-ne.org/programs/apex
 
Cover the 
Four-state territory
of Iowa, Minnesota, Wisconsin,
and Michigan
 
Sheila Kreason
 | Program Manager
undefined
 
Carter Lake, IA:
Carter Lake, IA:
 
Sheila Kreason
, Program Manager
Phone: 231-286-6391
Email: 
Skreason@pedcoptac.org
 
 
 
                   
https://pedco-ne.org/programs/apex
undefined
 
Judy Warren, Interim Program
Manager
 
Covers the Eastern
Oklahoma, & Southwest
Plains BIA Regions
 
https://www.tgiok.com/
undefined
 
Norman, OK:
Norman, OK:
Judy Warren, CCAS,CPP
, Procurement
Counselor,
Phone: 405-329-5542
Email: 
Jwarren.tgi@att.net
 
Gary Gann
, Procurement Counselor
Phone: 405-329-5542
Email: 
Gary.gann@outlook.com
 
Denise Bowman
, Procurement Counselor,
Phone: 405-329-5542
Email: 
TGI@coxinet.net
 
Mary Margaret-Gann
, CFO
Phone: 405-329-5542
Email: 
MM_gann@hotmail.com
 
https://www.tgiok.com/
undefined
 
Michelle Ramey
, Program Manager
Phone:
 
503-404-4572
Email: 
mramey@nnapex.org
 
Chuck Jehle
, Procurement Counselor
Phone: 
(503) 922-3450
Email: 
Cjehle@nnapex.org
 
https://nnapex.org/
 
Serving Oregon,
Washington
and Idaho
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Assistant Secretary of
Defense for Industrial Base
Policy
HON 
Dr. Laura Taylor-Kale
Principal Deputy Assistant
Secretary of Defense for Industrial
Base Policy
Mr. 
Michael
 Vaccaro
Deputy Assistant Secretary of
Defense for Industrial Base
Resilience
Ms. Halimah Najieb-Locke
Deputy Assistant Secretary of
Defense for Industrial Base
Development & International
Engagement
Mr. Justin McFarlin
Director, International
Cooperation
Ms. Melissa Benkert
Director, Industry
Engagement
Mr. de Avila, Alexander
Industrial Policy
and Analysis (IPA)
Industrial Scenario
Analysis (ISA)
CFIUS
Team Telecomm
Mergers &
Acquisitions
Defense Production
Act Investments
(DPAI)
Innovation Capability
and Modernization
(ICAM)
International
Engagements
Planning, Program, &
Analysis
Industry Outreach
Director, Office of Small
Business Programs
Mr. Farooq Mitha
 
Assistant Secretary of Defense for Industrial Base Policy
Enabling Future
Capabilities
Transition (EFCT)
Director, Global Investment
and Economic Security
Ms. Nicoletta Giordani
Director, Manufacturing
Capability Expansion and
Investment Prioritization
Mr. Anthony Di Stasio
Director, Policy,
Analysis, and Transition
Ms. Danielle Miller
 
 
Front Office Staff:
Chief of Staff, Ms. Evelyn Ostrom
ASD Special Assist.
 
Ms. Elizabeth Stockton
Military Assistant, CAPT Nathan Scherry,
USN
 
Business Operations
Director Mr. Antonio King
undefined
 
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Program Requirements
undefined
 
IIP Rebate Process – Responsibilities
 
 
24
undefined
 
IIP Rebate Process – Responsibilities
Continued
 
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IIP Return on Investment
 
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28
undefined
 
Top IIP Participants FY18 - FY22
 
29
 
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ANHAM FZCO, LLC
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US Foods
BAE Systems
 
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Six Points, Inc.
undefined
 
Location of Participating
Prime Contractors
 
30
 
* Based on prime contract request letter
undefined
 
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updates
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Simplify reporting
 
 
Improving the Rebate Process
undefined
 
Contact
Contact
 
 
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Department of Defense
Office of Small Business Programs
E-mail: 
jonathan.l.wright2.civ@mail.mil
Phone: (571) 225-5317
 
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E-mail: 
amanuel.ghebresilase.ctr@mail.mil
Office: (571) 372-6337
 
 
IIP General and Submission inbox: 
osd.pentagon.ousd-atl.mbx.osbp-
iip1@mail.mil
 
Website: 
http://business.defense.gov/Programs/Indian-Incentive-Program/
undefined
 
Additional Contact Information
osd.pentagon.ousd-atl.mbx.osbp-info@mail.mil
https://business.defense.gov/About/
 
undefined
 
INDIAN AFFAIRS
BUY INDIAN ACT
COMPETITION REQUIREMENTS
undefined
 
35
 
Contents
Buy Indian Act Definitions and Applicability
Competitive Procedures
Buy Indian Act Deviations
undefined
 
36
 
Buy Indian Act Definitions
 
Indian Economic Enterprise (IEE)
Any business activity owned by one or more Indians or 
Federally Recognized
 Indian Tribes
provided that:
(1) The combined Indian or Federally Recognized Indian Tribe ownership of the enterprise
constitutes not less than 51 percent;
(2) The Indians or Federally Recognized Indian Tribes must, together, receive at least 51
percent of the earnings from the contract; and
(3) The management and daily business operations of an enterprise must be controlled by
one or more individuals who are Indians. The Indian individual(s) must possess requisite
management or technical capabilities directly related to the primary industry in which the
enterprise conducts business. Management may be provided by:
(i) Committees, teams, or Boards of Directors which are controlled by one or more
members of Tribe, or;
(ii) Non-Tribal members if the enterprise can demonstrate that the Tribe can hire
and fire those individuals, that it will retain control of all management decisions
common to boards of directors, including strategic planning, budget approval, and
the employment and compensation of officers, and that a written management
development plan exists which shows how Tribal members will develop managerial
skills sufficient to manage the enterprise or similar enterprises in the future.
 
Indian Small Business Economic Enterprise (ISBEE)
An IEE that is also a small business concern established in accordance with the criteria and
size standards of 13 CFR part 121
.
undefined
 
Buy Indian Act Definitions
 
Indian
A person who is an enrolled member of a Federally Recognized
Indian Tribe.
Federally Recognized Indian Tribe
An Indian Tribe, band, nation, or other Federally recognized group
or community on the List of Federally Recognized Tribes. This
definition includes any Alaska Native regional or village corporation
under the Alaska Native Claims Settlement Act (ANSCA).
List of Federally Recognized Tribes
See:
https://www.federalregister.gov/documents/2022/01/28/2022-
01789/indian-entities-recognized-by-and-eligible-to-receive-
services-from-the-united-states-bureau-of
undefined
 
Buy Indian Act Applicability
 
DIAR 1480.301: 
Except as provided in 1480.302, this part applies to
all acquisitions, including simplified acquisitions, made by IA and by
any other bureau or office of the Department of the Interior
conducting acquisitions on behalf of IA or otherwise delegated the
authority to conduct acquisitions under the Buy Indian Act.
 
In other words, all acquisitions carried out by, or on behalf of, IA
Contracting Officers must follow the procedures set forth in DIAR
1480. All other Bureaus within DOI may use the Buy Indian Act.
undefined
 
Requirement for IEE Preference
DIAR 1480.401(c): 
The CO will give priority to ISBEEs for all purchases, regardless
of dollar value. COs when prioritizing ISBEEs may consider either:
(1) A set-aside for ISBEEs; or
(2) A sole source award to an ISBEE, as authorized under the FAR.
FAR 6.302 
Circumstances permitting other than full and open competition
6.302-1
 Only one responsible source and no other supplies or services will
 
satisfy agency requirements.
6.302-2
 Unusual and compelling urgency.
6.302-3
 Industrial mobilization; engineering, developmental, or research
capability; or expert services.
6.302-4
 Internationa
l agreement.
6.302-5
 Authorized or required by statute.
6.302-6
 National security.
6.302-7
 Public inter
est.
undefined
 
Requirement for
IEE Preference
 
DIAR 1480.401(d): 
If the CO determines after market research that
there is no reasonable expectation of obtaining offers [from ISBEEs]
that will be competitive in terms of market price, quality, and delivery,
the CO may consider either:
(1) A set-aside for IEEs; or
(2) A sole source award to an IEE, as authorized under the FAR.
 
1480.401(e): 
If the CO determines after market research that there
is no reasonable expectation of obtaining offers that will be
competitive in terms of market price, quality, and delivery from ISBEEs
or IEEs, then the CO must follow the Deviation process under
1480.403.
undefined
 
Requirement for IEE Preference
undefined
 
Buy Indian Act Deviations
 
There are certain instances where the application of the Buy Indian
Act to an acquisition may not be appropriate. In these instances, the
Contracting Officer must detail the reasons in writing and make a
deviation determination.
The following acquisitions do not require a written deviation from the
requirements of the Buy Indian Act:
(1) Any sole source acquisition justified and approved in
accordance with FAR 6.3 and DIAR 1406.3 constitutes an
authorized deviation from the requirements of the Buy Indian
Act.
(2) Any order or call placed against an indefinite delivery vehicle
that already has an approved deviation from the requirements of
the Buy Indian Act.
undefined
 
Buy Indian Act Deviations
 
Deviation Prior to Solicitation [DIAR 1480.403(d)]
 
Deviations may be authorized prior to issuing the solicitation when
the CO makes the following determinations and takes the following
actions:
(1) The CO determines after market research that there is no
reasonable expectation of obtaining offers that will be
competitive in terms of market price, quality, and delivery from
two or more responsible ISBEEs, IEEs, or direct negotiation with
an IEE that is a certified 8(a) business.
(2) The deviation determination is authorized by the official listed
at 1480.403(c) for the applicable contract action.
undefined
 
Buy Indian Act Deviations
 
Deviation After the Solicitation is Issued [DIAR
1480.401(g)]
 
If the offers received from one or more responsible IEEs in response
to an acquisition set-aside under paragraph (c)(1) or (d)(1) of this
section are not reasonable or otherwise unacceptable, then the CO
must follow the deviation process under 1480.403. The CO must
document in the deviation determination the reasons why the IEE
offeror(s) were not reasonable or otherwise unacceptable.
(1) If a deviation determination is approved, the CO must cancel
the set-aside solicitation and inform all offerors in writing.
(2) When the solicitation of the same requirement is posted, the
CO must inform all previous offerors in writing of the solicitation
number.
undefined
 
Buy Indian Act Deviations
 
Additional instructions for when a requirement is
solicited and is not set-aside for ISBEEs or IEEs but
one or more ISBEEs or IEEs come forward during
the solicitation process.
 
(1) If an interested IEE is identified after a solicitation has been
issued, but before the date established for receipt of offers, the
contracting office must provide a copy of the solicitation to this
enterprise. In this case, the CO:
(i) Will not give preference under the Buy Indian Act to the IEE;
and
(ii) May extend the date for receipt of offers when practical.
 
(2) If more than one IEE is identified subsequent to the solicitation,
but prior to the date established for receipt of offers, the CO may
cancel the solicitation and re-compete it as an IEE set-aside.
undefined
 
DIAR Provisions/Clauses
 
Provision and Clause Updates
Removed:
1452.226-70 - Indian preference
1452.226-71 - Indian preference program
Revised:
1452.280-1 - Notice of Indian small business economic enterprise
set-aside
1452.280-2 - Notice of Indian economic enterprise set-aside
1452.280-3 - Subcontracting limitations
1452.280-4 - Indian economic enterprise representation
undefined
 
DIAR Revisions
 
Effective May 9, 2022, the DIAR is revised in the
following ways:
A. 
Eliminate the restriction on Indian Economic Enterprises (IEE) from
competing on "covered" constructions contracts issued under the Buy
Indian Act.
 
B. 
Expand IEEs' ability to subcontract work subject to the Buy Indian
Act consistent with other government socio-economic set-aside
programs.
 
C. 
Give greater preference to IEEs.
 
D. 
Update the process and thresholds for deviations.
undefined
 
DIAR Revisions
 
Elimination of Restriction for "Covered"
Construction Contracts:
DOI has determined that the "covered" construction language
in the regulation is no longer required by law. DOI has removed
all references to "covered" construction throughout the
regulation.
 
All construction contracts may now be set-aside to IEEs.
undefined
 
DIAR Revisions
 
Expansion of Indian Economic Enterprises' Ability
to Subcontract
Previously, there was a restriction regarding the ability of IEEs from
subcontracting more than 50% of the work to firms other than IEEs.
The revised rule does not change the 50% subcontract limitation for
supplies and services; however, the 50% limitation was not consistent
with FAR 52.219-14, Limitation on Subcontracting which has different
limitations for 
construction
 awards.
 
The revised rule allows IEEs to subcontract up to 75% for
construction by special trade contractors and 85% for
general construction.
 
The purpose of this change is to ensure equal treatment of IEEs in
Federal procurement and remove subcontracting barriers for IEEs.
undefined
 
 
Contact Information
 
IA Division of Acquisition Management Policy Team
Tony Lomelin
Head of the Contracting Activity
Email: 
Anthony.Lomelin@bia.gov
 
Erica Nemmers
Competition Advocate
Email: 
Erica.Nemmers@bia.gov
 
Nik Matoka
HQ Small Business Specialist and Bureau Acquisition Career
Coordinator (BACC)
Email: 
Nikolai.Matoka@bia.gov
 
Bryan Harden
Alt HQ Small Business Specialist and Alt BACC
Email: 
Bryan.Harden@bia.gov
undefined
undefined
 
INDIAN HEALTH SERVICE
BUY INDIAN ACT
 
Doing Business with IHS While
Capitalizing on the Buy Indian Act
undefined
 
53
 
Agency Priorities
 
Renew and strengthen our partnerships with
Tribes and Urban Indian Health Programs
Uphold the Federal Government’s obligation to promote
healthy American Indian and Alaska Native people,
communities and cultures
 
Improve the quality of and access to care
Our patients are our first priority.  Quality health care
reduces disparities and promises a future that assures
excellence for our patients across the IHS system
undefined
 
54
 
What IHS Buys
 
IHS procures services and supplies to support
federal activities and projects. These purchases
include but are not limited to:
Medical, surgical, and dental equipment and supplies
Pharmaceuticals, drugs, and intravenous solutions
Computer hardware and software
Information Technology (IT) support services
Office equipment and supplies
General, special, and rehabilitative medical services
Training and technical assistance
Maintenance and repair of medical and office equipment
Management consulting and advisory services
Construction
 
undefined
 
55
 
Buy Indian Act Authority
 
Enacted by Congress on June 25, 1910 (25 U.S.C. 47)
The Act authorizes the Secretary of the Interior, Bureau of Indian
Affairs (BIA), to employ Indian labor and to purchase the
products of Indian-owned and controlled firms without using the
normal competitive process
The Transfer Act of 1954 authorizes the IHS to use the Buy
Indian act to carry out its health care responsibilities (25 U.S.C.
1633)
The Act does not apply to contracts awarded under ISDEAA
Public Law 93-638 and purchase orders for services obtained
through the Purchased/Referred Care (PRC) program authorized
pursuant to 42 CFR Part 136
undefined
 
56
 
Final Rule – Buy Indian Act
 
The final rule amends the current Health and Human Services
Acquisition Regulations (HHSAR), codified at 48 CFR 326,
Subpart 326.6, and at 48 CFR 352
This rule supplements the Federal Acquisition Regulations
(FAR) and formalizes administrative procedures for 
ALL
 IHS
acquisition activities and locations
The rule establishes Buy Indian Act acquisition policies and
procedures for IHS consistent with the Buy Indian Act rule
established by the Department of the Interior
The rule also supports harmonizing the Buy Indian Act
procurement procedures between HHS and DOI as required by
the Indian Community Economic Enhancement Act of 2020
undefined
 
57
 
Why the Buy Indian Act?
 
Supports the overall growth of Native-owned and controlled
businesses, also known as Indian Economic Enterprises (IEE)
in the final rule, to provide commercial goods and services to
include construction
Helps address one of the social determinants of health, which is
high unemployment and joblessness rate, by the creation of jobs
in rural Native communities and urban Native settings
The IHS considers all contract dollars to be set-aside for Native-
owned and controlled businesses to support the economic
sustainability and development in Indian Country
The IHS awards and obligates over $1.5 billion in commercial
contract actions per year
undefined
 
58
 
Definition
 
INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE
(ISBEE) 
– An IEE that is also a small business concern
established in accordance with the criteria and size standards of
13 CFR Part 121.
The IHS Contracting Officer will give priority for all purchases,
regardless of dollar value, by utilizing ISBEE set-aside to the
maximum extent possible
Each acquisition of supplies, services or construction that is
subject to commercial items (FAR 12.209) or Simplified
Acquisition Procedures (SAP) (FAR 13.106) must be set-aside
exclusively for ISBEEs
 
undefined
 
59
 
Buy Indian Act Deviation
 
An approved exception to the requirement to use the Buy
Indian Act
A deviation to the Buy Indian Act may occur if:
The Contracting Officer determines after market research
that there is no reasonable expectation of obtaining two or
more ISBEE and/or IEE offers that will be competitive in
terms of market prices, product quality, and delivery
capability;
Offers received in response to a Buy Indian set-aside are
determined to be unacceptable upon price and/or technical
evaluations;
No responses received from IEEs to an IHS Sources Sought
Notice; or
No responsive offers to a Buy Indian set-aside are received
from IEEs
undefined
 
60
 
Buy Indian Act Deviation Approvals
undefined
 
61
 
Representation
 
Procedure to identify and support responsible IEEs and
prevent circumvention or abuse of the Buy Indian Act
To be considered for award an offeror must:
Certify that it meets the definition of an IEE in response to a
specific solicitation set-aside;
Identify the Federally Recognized Indian Tribe or Alaska
Native Corporation upon which the offeror relies for its IEE
status; and
Representation must be made on the designated IHS Indian
Economic Enterprise Representation form through which
the offeror will self-certify eligibility
undefined
 
62
 
IEE Representation
 
The enterprise must meet the definition of an IEE
through the following periods:
At the time an offer is made in response to a solicitation;
At the time of the contract award; and
During the full term of the contract
Any false or misleading information submitted by an enterprise
when submitting an offer in consideration for an award set-aside
under the Buy Indian Act may be in violation of the law
punishable under 18 U.S.C. 1001
IEE representation does not relieve the CO of the obligation for
determining contractor responsibility, as required under FAR 9.1
undefined
 
63
 
IHS Acquisitions
 
The IHS acquisition community strive to promote
partnerships with contractors and the general public by
ensuring the transparency of IHS procurement processes
while maintaining the highest level of public trust,
integrity, ethical standards and compliance with Federal
and Health and Human Services (HHS) acquisition
regulations and policies
 
Acquisition and Reporting
Requirements
 
For every commercial contract opportunity, IHS must conduct
sufficient market research in determining if there is reasonable
expectation of obtaining offers from two or more IEEs (HHSAR
326.603-1)
 Deviation from the Buy Indian Act must be approved by the
authorized contracting official (HHSAR 326.603-3)
 To support responsible IEEs and prevent circumvention or
abuse of the Buy Indian Act, the Contracting Officer (CO) will
verify offeror’s IEE representation (HHSAR 326.606)
The CO or an interested party may challenge the validity of an
offeror’s IEE representation (HHSAR 326.607)
IHS will report quarterly on all above listed requirements
 
64
undefined
 
65
 
IHS Buy Indian Act Contacts
 
Santiago Almaraz
 
Director, Office of Management Services (OMS)
 
Santiago.Almaraz@ihs.gov
Jeffrey Johnson
 
Director, Division of Acquisition Policy (DAP)
 
 
Jeffrey.Johnston
@ihs.gov
Jonathan Ferguson
 
Small Business Specialist, HHS Office of Small &
 
Disadvantaged Business Utilization (OSDBU)
 
 
Jonathan.Ferguson@ihs.gov
 
You can also submit any questions or capabilities
statements to 
IHSBuyIndian@ihs.gov
 
undefined
 
66
 
IHS Area Chief Contracting Officers
 
undefined
 
67
 
IHS Buy Indian Act Resources
Title 25 U.S.C. 47 – Employment of Indian Labor and Purchase of Products of
Indian Industry
https://www.govinfo.gov/content/pkg/USCODE-2020-title25/pdf/USCODE-2020-title25-
chap2-sec47.pdf
Federal Register Publication: Buy Indian Act; Procedures for Contracting
https://www.federalregister.gov/documents/2022/01/13/2021-28156/acquisition-
regulations-buy-indian-act-procedures-for-contracting
HHS Acquisition Regulations (HHSAR)
https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html
HHS Small Business Customer Experience (SBCX)
https://osdbu.hhs.gov
IHS Indian Economic Enterprise Representation Form
https://www.ihs.gov/sites/ihm/themes/responsive2017/display_objects/documents/pc/M
anual_Exhibit_5-5_1A_IEERepresentationForm.pdf
IHS Division of Acquisition Policy – Buy Indian Act
https://wwwdev.ihs.gov/dap/the-buy-indian-act/
undefined
 
68
undefined
 
George Williams
Program Manager
Program Manager
The National Center APEX Accelerator
480-280-6098
480-280-6098
george@ncaied.org
george@ncaied.org
https://www.ncaied.org/ptac/
https://www.ncaied.org/ptac/
 
 
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The Native American APEX Accelerators Program, formerly known as PTACs, is a nationwide network of procurement professionals dedicated to assisting local businesses, including federally recognized Indian tribes and Alaska Native entities. Services are provided at no cost and aim to strengthen the defense industrial base by fostering innovation, diversity, and resilience in the supply chain. The program offers various services such as certification application assistance, procurement education, and post-award support to help businesses compete successfully in government marketplaces.

  • Native American
  • APEX Accelerators
  • Procurement
  • Defense
  • Small Business

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  1. Working with Native American APEX Accelerators

  2. APEX Accelerators (formerly PTACs) The APEX Accelerators Program, formerly known as the Procurement Technical Assistance Program (PTAP). It is administered by Department of Defense (DoD) Office of Small Business Programs (OSBP) in cooperation with states, local governments, and nonprofit organizations. Ninety-four APEX Accelerators with over 300 local offices in 49 states, Washington, D.C., Puerto Rico, Guam, and Northern Mariana Islands form a nationwide network of dedicated procurement professionals working to help local businesses compete successfully in the government marketplaces. Part of our network includes APEX Accelerators that specialize in assistance to federally recognized Indian tribes and Alaska Native entities, their members, and reservations throughout the country. Mission: Serve as the axis for existing and new business to strengthen the defense industrial base by accelerating innovation, fostering ingenuity, and establishing resilient and diverse supply chains. Vision: A diverse and resilient domestic industrial base that can deliver preeminent solutions to the military and other government users.

  3. Native American APEX Accelerators 7 NA APEX Accelerator s servicing 11 BIA Regions. Total 96 APEX Accelerator s nationwide. Services are provided at no-cost. Funded in part through a cooperative agreement with Department of Defense (DoD) Find a Native American PTAC https://www.aptac-us.org/ Or https://www.apexaccelerators.us/

  4. What We Do Certification application assistance Educate on procurement programs specific to Native American owned/Tribally owned/Alaskan Native Corporations Create capability statements Unite businesses with purchasing & decision makers Connect primes & subcontractors SAM registration process Proposal Review Post-award support Market research Understand CMMC/NIST GSA Schedule assistance

  5. Native American APEX Accelerators are an advocate for ISBEE s and IEE s We help business to understand The DoD 5% Indian Incentive Program The Rules of Buy Indian Rules Of Procurement Post Award Issues. CURE Notice CPARs Encourage ISBEE s / IEE s to respond to Sources Sought notifications in SAM

  6. Native American APEX Accelerators Who are the Native American APEX Accelerators? Who can I contact in my area? How do I contact an NA APEX Accelerators?

  7. The National Center for American Indian Enterprise Development APEX Accelerator George Williams - Program Manager Covers 100% of the Eastern, Southwest, and Navajo BIA Regions https://www.ncaied.org/ptac/

  8. NCAIED APEX Accelerator Staff Marietta, GA: George Williams, Program Manager, Phone: 480-280-6098 Email: George@ncaied.org Kathleen Weeks, Senior Office Manager, Phone: 480-999-2323 Email: Kweeks@ncaied.org Window Rock, AZ: Mabel Tsosie, Procurement Specialist, Phone: 480-371-8373 Email: Mabel@ncaied.org Albuquerque, NM: Adolfo Vasquez, Procurement Specialist, Phone: 480-321-5748 Email: Adolfo@ncaied.org Centennial, CO: Stan Sams, Procurement Specialist, Phone: 480-824-8520 Email: Stan@ncaied.org Liverpool, NY: Cris Pierce, Senior Procurement Specialist, Phone: 480-843-9847 Email: Crystal@ncaied.org https://www.ncaied.org/ptac/ Marksville, LA: Chris Jeansonne, Procurement Specialist, Phone: 480-376-2892 Email: C.jeansonne@ncaied.org

  9. American Indian Chamber Education Fund APEX Accelerator Venessa Gleich, Program Manager Covers 100% of the Pacific, Western, and Northwest BIA Regions http://aicef-ptac.org

  10. AICEF APEX Accelerator Staff Chandler, AZ: Venessa Gleich, Program Manager Phone: 480-699-9529 Email: Venessa.Gleich@aicccal.org Huntington Beach, CA: Aaron Emi, Senior Procurement Specialist Phone: 213-341-0104 Email: Aaron.emi@aicccal.org Maurice Begay, Procurement Specialist Phone: 213-442-8612 Email: Maurice.begay@aicccal.org Annette Wakolee, Procurement Specialist Phone: 213-442-8611 Email: Annette.wakolee@aicccal.org Richland, WA: Jeremy Sandoval, Procurement Specialist Phone: 509-581-7505 Email: Jeremy.sandoval@aicccal.org http://aicef-ptac.org Roseburg, OR: Linda Sandoval, Procurement Specialist Phone: 541-391-2992 Email: Outreach@aicccal.org

  11. Native American Development Corporation APEX Accelerator Mary Walks Over Ice, Acting Program Manager Covers 100% of the Great Plains, and Rocky Mountain BIA Regions Leonard Smith, Ft. Peck Assiniboine and Sioux NADC CEO http://www.nadc-nabn.org/ Mary Walks Over Ice, Ft .Belknap Assiniboine/Gros Ventres/Turtle Mtn. Chippewa NADC COO

  12. NADC APEX Accelerator Staff Billings, MT: Mary Walks Over Ice, Acting Program Manager Phone: 406-259-3804 Email: mwalksoverice@nadc-nabn.org Heather Latray, Procurement Specialist Phone: 406-294-7994 Email: HLatray@nadc-nabn.org Joshua Arzy, Procurement Specialist Phone: 406-259-3804 Email: Jarzy@nadc-nabn.org Abigail Omdahl, Procurement Specialist Email: Aomdahl@nadc-nabn.org Robert Much, Procurement Specialist Phone: 406-442-8543 Email: RMuch@nadc-nabn.org https://www.nadcapex.com Velvett Rock Above Cummings, Procurement Specialist Phone: 406-259-3804 Email: vcummings@nadc-nabn.org

  13. Nebraska Indian Community College APEX Accelerator Michael Channell - Program Manager Covers Nation, and Omaha Nation on both reservations Nebraska, including Native American businesses that are located outside reservations the Santee Sioux in of those http://www.niccptac.org PTAC@thenicc.edu

  14. NICC APEX Accelerator Staff Macy, NE Main Campus: Michael Channell, Program Manager Phone: 402-243-5348 Email: Mchannell@thenicc.edu Macy, NE Santee Campus: Harold Sony Hill, Counselor, Phone: 605-927-9009 Email: HHill@thenicc.edu Debra Grant, Counselor Phone: 402-243-5391 Email: DGrant1@thenicc.edu http://www.niccptac.org

  15. Ponca Economic Development Corporation APEX Accelerator Sheila Kreason | Program Manager Cover the Four-state territory of Iowa, Minnesota, Wisconsin, and Michigan https://pedco-ne.org/programs/apex

  16. PEDCO APEX Accelerator Staff Carter Lake, IA: Sheila Kreason, Program Manager Phone: 231-286-6391 Email: Skreason@pedcoptac.org https://pedco-ne.org/programs/apex

  17. Tribal Government Institute APEX Accelerator Judy Warren, Interim Program Manager https://www.tgiok.com/ Covers the Eastern Oklahoma, & Southwest Plains BIA Regions

  18. TGI APEX Accelerator Staff Norman, OK: Judy Warren, CCAS,CPP, Procurement Counselor, Phone: 405-329-5542 Email: Jwarren.tgi@att.net Gary Gann, Procurement Counselor Phone: 405-329-5542 Email: Gary.gann@outlook.com Denise Bowman, Procurement Counselor, Phone: 405-329-5542 Email: TGI@coxinet.net https://www.tgiok.com/ Mary Margaret-Gann, CFO Phone: 405-329-5542 Email: MM_gann@hotmail.com

  19. Northwest Native APEX Michelle Ramey, Program Manager Phone: 503-404-4572 Email: mramey@nnapex.org Chuck Jehle, Procurement Counselor Phone: (503) 922-3450 Email: Cjehle@nnapex.org https://nnapex.org/ Serving Oregon, Washington and Idaho

  20. Department of Defense Office of Small Business Programs Indian Incentive Program

  21. Assistant Secretary of Defense for Industrial Base Policy Assistant Secretary of Defense for Industrial Base Policy HON Dr. Laura Taylor-Kale Front Office Staff: Chief of Staff, Ms. Evelyn Ostrom ASD Special Assist. Ms. Elizabeth Stockton Military Assistant, CAPT Nathan Scherry, USN Director, Office of Small Business Programs Mr. Farooq Mitha Principal Deputy Assistant Secretary of Defense for Industrial Base Policy Mr. Michael Vaccaro Business Operations Director Mr. Antonio King Deputy Assistant Secretary of Defense for Industrial Base Resilience Ms. Halimah Najieb-Locke Deputy Assistant Secretary of Defense for Industrial Base Development & International Engagement Mr. Justin McFarlin Director, Policy, Analysis, and Transition Ms. Danielle Miller Director, International Cooperation Ms. Melissa Benkert Director, Industry Engagement Mr. de Avila, Alexander Director, Manufacturing Capability Expansion and Investment Prioritization Mr. Anthony Di Stasio Director, Global Investment and Economic Security Ms. Nicoletta Giordani Defense Production Act Investments (DPAI) Industrial Policy and Analysis (IPA) International Engagements CFIUS Industry Outreach Planning, Program, & Analysis Innovation Capability and Modernization (ICAM) Industrial Scenario Analysis (ISA) Team Telecomm Enabling Future Capabilities Transition (EFCT) Mergers & Acquisitions

  22. Indian Incentive Program (IIP) Established in 1997 by the DoD Office of Small Business Programs, the program is Congressionally authorized and encourages DoD Prime contractors to use Native-owned subcontractors. DoD Prime contractors with subcontracts of $500,000 or more receive a 5% rebate on subcontracted work completed by Indian Organizations, Indian-Owned Economic Enterprises, Alaska Native corporations, or Native Hawaiian Small Businesses. IIP has annual budget of $25M. Funding for IIP is based on year-to-year discretionary Congressional budgeting. IIP BUDGET HISTORY $25 M $25 M $25 M $25 M $20 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $15 M $8

  23. Program Requirements Governing Legislation: Section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) Contracts DFARS clause 252.226-7001 must be included in prime and subcontract. If not, request KO include it. Contract must be active 51% Native American/Alaskan/Hawaiian Ownership Indian ownership of the subcontractor or supplier cannot constitute less than 51% of the enterprise. Federally Recognized Tribal Enrollment Native American: The subcontractor or supplier must be owned by a federally recognized tribe or a member of a federally recognized tribe. Native Alaskan: The subcontractor or supplier must be owned by a "native", "native village" or "native group" (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined by the Alaska Native Claims Settlement Act. Native Hawaiian: The owner of the Native Hawaiian-Owned subcontractor or supplier must be a recognized Native Hawaiian as defined by 23 USC 4221(9).

  24. IIP Rebate Process Responsibilities DoD Contracting Officer Receives and reviews documents from the Prime contractor Prime Contractor Prepares and submits rebate request package to the DoD Contracting Officer. Rebate request package must include: Native-Owned Firm Submits to the Prime: All paid invoices covering specified period Verifies that the Native-owned firm is an eligible participant in the program Verifies that the Native-owned firm has performed the work or manufactured/produced the products stated in the invoices Verifies contract is active Verifies calculations Validates invoices and 5% rebate amount Cover Letter (Latest version of template available on DoD IIP website) All Native certification documents: Proof of tribal enrollment Self-Certification form found on the DoD IIP website All paid subcontractor invoices covering specified period Invoice summary sheet that lists each invoice and amount, the cumulative total of the invoice, and the 5% rebate calculation Submits rebate request package to OSBP. Rebate request package must include: Tribal and ownership certification documents and Self-Certificate Non-Affiliation Form (template available on DoD IIP website) Cover letter from contracting officer Cover letter from Prime Contractor Summary Invoice Sheet from Prime contractor Subcontractor proof of Native Ownership and Self-Certificate Non-Affiliation Form 24

  25. IIP Rebate Process Responsibilities Continued DoD OSBP IIP Review and approve or deny request from DoD Contracting Officer Forward approval to Washington Headquarters Services (WHS) for execution WHS generates a Military Inter- Departmental Purchase Request (MIPR) sends to OSBP OSBP then sends the MPIR and supporting funding documents to the requesting Contracting Officer/agency Contracting Officer Sign and date the MIPR acceptance and turn to OSBP Issue a modification and forward a copy to OSBP Notifies the Prime to submit an invoice for payment per the MIPR instruction Prime Submits an invoice to Washington Headquarters Services and receives payment Funding is available on First-Come-First-Serve Basis 25

  26. Rebates by the Numbers # of Rebates Funds Leverages FY 2015 125 $15.0M $300.0M FY 2016 83 $15.0M $300.0M FY 2017 82 $15.0M $300.0M FY 2018 123 $20.0M $400.0M FY 2019 158 $25.0M $500.0M FY 2020 160 $25.0M $500.0M FY 2021 105 $25.0M $500.0M FY 2022 133 $25.0M $500.0M Total 969 $165.0M $3.3B

  27. IIP Return on Investment IIP Industry Information FY18-FY22 FY18-FY22 Funded Rebates MDA $8.1M Other 8% Construction 4% Transportation and Warehousing 7% Navy $8.3M Manufacturing 31% Other $12.8M Information 9% Air Force $44.6M $2.4B IIP Rebate Subcontracts DLA $15.4M Administrative, Support and Waste Management and Remediation Services 15% Professional, Scientific, and Technical Services 26% Army $30.5M IIP rebates funded total $165M+ since FY15, leveraging more than $3.3B in subcontract performance by Native-owned firms.

  28. IIP Participation by Native Subcontractors Combined 1% Indian 42% Alaskan 56% Hawaiian 1%

  29. Top IIP Participants FY18 - FY22 DoD Primes DoD Native Subcontractors 102 110 Top Five Participants Top Five Participants Lockheed Martin Corp ANHAM FZCO, LLC CymSTAR, LLC US Foods BAE Systems Delaware Resource Group Akima Chugach Mission Solutions Six Points, Inc.

  30. Location of Participating Prime Contractors ME WA MT ND AK VT NH MN WI NY MA MI ID SD RI CT PA NJ WY IA NE NE P-1 M-1 OH MD DC NV IN IL IN VA UT WV WV CO KS MO CA KY NC NC TN OK AZ SC AR AR NM AL GA MS HI Has Participants No Participants TX LA FL * Based on prime contract request letter

  31. Improving the Rebate Process OSBP is currently developing an IIP Portal Automate the rebate process flow from submission to funding Increase visibility by providing stakeholders with real-time status updates Reduce rebate processing times Simplify reporting

  32. Contact Jonathan Wright Associate Director Program Manager IIP Department of Defense Office of Small Business Programs E-mail: jonathan.l.wright2.civ@mail.mil Phone: (571) 225-5317 Amanuel Ghebresilase IIP Support Contractor E-mail: amanuel.ghebresilase.ctr@mail.mil Office: (571) 372-6337 IIP General and Submission inbox: osd.pentagon.ousd-atl.mbx.osbp- iip1@mail.mil Website: http://business.defense.gov/Programs/Indian-Incentive-Program/

  33. Additional Contact Information osd.pentagon.ousd-atl.mbx.osbp-info@mail.mil https://business.defense.gov/About/

  34. INDIAN AFFAIRS BUY INDIAN ACT COMPETITION REQUIREMENTS

  35. Contents Buy Indian Act Definitions and Applicability Competitive Procedures Buy Indian Act Deviations 35

  36. Buy Indian Act Definitions Indian Economic Enterprise (IEE) Any business activity owned by one or more Indians or Federally Recognized Indian Tribes provided that: (1) The combined Indian or Federally Recognized Indian Tribe ownership of the enterprise constitutes not less than 51 percent; (2) The Indians or Federally Recognized Indian Tribes must, together, receive at least 51 percent of the earnings from the contract; and (3) The management and daily business operations of an enterprise must be controlled by one or more individuals who are Indians. The Indian individual(s) must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. Management may be provided by: (i) Committees, teams, or Boards of Directors which are controlled by one or more members of Tribe, or; (ii) Non-Tribal members if the enterprise can demonstrate that the Tribe can hire and fire those individuals, that it will retain control of all management decisions common to boards of directors, including strategic planning, budget approval, and the employment and compensation of officers, and that a written management development plan exists which shows how Tribal members will develop managerial skills sufficient to manage the enterprise or similar enterprises in the future. Indian Small Business Economic Enterprise (ISBEE) An IEE that is also a small business concern established in accordance with the criteria and size standards of 13 CFR part 121. 36

  37. Buy Indian Act Definitions Indian A person who is an enrolled member of a Federally Recognized Indian Tribe. Federally Recognized Indian Tribe An Indian Tribe, band, nation, or other Federally recognized group or community on the List of Federally Recognized Tribes. This definition includes any Alaska Native regional or village corporation under the Alaska Native Claims Settlement Act (ANSCA). List of Federally Recognized Tribes See: https://www.federalregister.gov/documents/2022/01/28/2022- 01789/indian-entities-recognized-by-and-eligible-to-receive- services-from-the-united-states-bureau-of

  38. Buy Indian Act Applicability DIAR 1480.301: Except as provided in 1480.302, this part applies to all acquisitions, including simplified acquisitions, made by IA and by any other bureau or office of the Department of the Interior conducting acquisitions on behalf of IA or otherwise delegated the authority to conduct acquisitions under the Buy Indian Act. In other words, all acquisitions carried out by, or on behalf of, IA Contracting Officers must follow the procedures set forth in DIAR 1480. All other Bureaus within DOI may use the Buy Indian Act.

  39. Requirement for IEE Preference DIAR 1480.401(c): The CO will give priority to ISBEEs for all purchases, regardless of dollar value. COs when prioritizing ISBEEs may consider either: (1) A set-aside for ISBEEs; or (2) A sole source award to an ISBEE, as authorized under the FAR. FAR 6.302 Circumstances permitting other than full and open competition 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. 6.302-2 Unusual and compelling urgency. 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services. 6.302-4 International agreement. 6.302-5 Authorized or required by statute. 6.302-6 National security. 6.302-7 Public interest.

  40. Requirement for IEE Preference DIAR 1480.401(d): If the CO determines after market research that there is no reasonable expectation of obtaining offers [from ISBEEs] that will be competitive in terms of market price, quality, and delivery, the CO may consider either: (1) A set-aside for IEEs; or (2) A sole source award to an IEE, as authorized under the FAR. 1480.401(e): If the CO determines after market research that there is no reasonable expectation of obtaining offers that will be competitive in terms of market price, quality, and delivery from ISBEEs or IEEs, then the CO must follow the Deviation process under 1480.403.

  41. Requirement for IEE Preference

  42. Buy Indian Act Deviations There are certain instances where the application of the Buy Indian Act to an acquisition may not be appropriate. In these instances, the Contracting Officer must detail the reasons in writing and make a deviation determination. The following acquisitions do not require a written deviation from the requirements of the Buy Indian Act: (1) Any sole source acquisition justified and approved in accordance with FAR 6.3 and DIAR 1406.3 constitutes an authorized deviation from the requirements of the Buy Indian Act. (2) Any order or call placed against an indefinite delivery vehicle that already has an approved deviation from the requirements of the Buy Indian Act.

  43. Buy Indian Act Deviations Deviation Prior to Solicitation [DIAR 1480.403(d)] Deviations may be authorized prior to issuing the solicitation when the CO makes the following determinations and takes the following actions: (1) The CO determines after market research that there is no reasonable expectation of obtaining offers that will be competitive in terms of market price, quality, and delivery from two or more responsible ISBEEs, IEEs, or direct negotiation with an IEE that is a certified 8(a) business. (2) The deviation determination is authorized by the official listed at 1480.403(c) for the applicable contract action.

  44. Buy Indian Act Deviations Deviation After the Solicitation is Issued [DIAR 1480.401(g)] If the offers received from one or more responsible IEEs in response to an acquisition set-aside under paragraph (c)(1) or (d)(1) of this section are not reasonable or otherwise unacceptable, then the CO must follow the deviation process under 1480.403. The CO must document in the deviation determination the reasons why the IEE offeror(s) were not reasonable or otherwise unacceptable. (1) If a deviation determination is approved, the CO must cancel the set-aside solicitation and inform all offerors in writing. (2) When the solicitation of the same requirement is posted, the CO must inform all previous offerors in writing of the solicitation number.

  45. Buy Indian Act Deviations Additional instructions for when a requirement is solicited and is not set-aside for ISBEEs or IEEs but one or more ISBEEs or IEEs come forward during the solicitation process. (1) If an interested IEE is identified after a solicitation has been issued, but before the date established for receipt of offers, the contracting office must provide a copy of the solicitation to this enterprise. In this case, the CO: (i) Will not give preference under the Buy Indian Act to the IEE; and (ii) May extend the date for receipt of offers when practical. (2) If more than one IEE is identified subsequent to the solicitation, but prior to the date established for receipt of offers, the CO may cancel the solicitation and re-compete it as an IEE set-aside.

  46. DIAR Provisions/Clauses Provision and Clause Updates Removed: 1452.226-70 - Indian preference 1452.226-71 - Indian preference program Revised: 1452.280-1 - Notice of Indian small business economic enterprise set-aside 1452.280-2 - Notice of Indian economic enterprise set-aside 1452.280-3 - Subcontracting limitations 1452.280-4 - Indian economic enterprise representation

  47. DIAR Revisions Effective May 9, 2022, the DIAR is revised in the following ways: A. Eliminate the restriction on Indian Economic Enterprises (IEE) from competing on "covered" constructions contracts issued under the Buy Indian Act. B. Expand IEEs' ability to subcontract work subject to the Buy Indian Act consistent with other government socio-economic set-aside programs. C. Give greater preference to IEEs. D. Update the process and thresholds for deviations.

  48. DIAR Revisions Elimination of Restriction for "Covered" Construction Contracts: DOI has determined that the "covered" construction language in the regulation is no longer required by law. DOI has removed all references to "covered" construction throughout the regulation. All construction contracts may now be set-aside to IEEs.

  49. DIAR Revisions Expansion of Indian Economic Enterprises' Ability to Subcontract Previously, there was a restriction regarding the ability of IEEs from subcontracting more than 50% of the work to firms other than IEEs. The revised rule does not change the 50% subcontract limitation for supplies and services; however, the 50% limitation was not consistent with FAR 52.219-14, Limitation on Subcontracting which has different limitations for construction awards. The revised rule allows IEEs to subcontract up to 75% for construction by special trade contractors and 85% for general construction. The purpose of this change is to ensure equal treatment of IEEs in Federal procurement and remove subcontracting barriers for IEEs.

  50. Contact Information IA Division of Acquisition Management Policy Team Tony Lomelin Head of the Contracting Activity Email: Anthony.Lomelin@bia.gov Erica Nemmers Competition Advocate Email: Erica.Nemmers@bia.gov Nik Matoka HQ Small Business Specialist and Bureau Acquisition Career Coordinator (BACC) Email: Nikolai.Matoka@bia.gov Bryan Harden Alt HQ Small Business Specialist and Alt BACC Email: Bryan.Harden@bia.gov

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