Indian Contract Preference Reform Act

Summary

Indian Contract Preference Reform Act - Provides that contracts or grants under Acts authorizing Federal contracts with, or grants to, Indian organizations shall require that preferences in the training and employment, and the awarding of subcontracts and subgrants in connection with the administration of such contracts or grants, be accorded to Indians. Provides that comparable preferences imposed by an Indian tribe shall apply to a procurement activity which is to take place on a tribal reservation if the governing body of the tribe has established an office to enforce such preferences. Requires Federal agencies administering funds appropriated for the benefit of Indians to provide a preference for Indian-owned enterprises in the award of any contract in which 51 percent or more of such funds were appropriated for the benefit of Indians. Provides that such preference shall have priority over all Federal procurement preferences. Authorizes the Secretary of the Interior to authorize preferences in the award of contracts by such agencies if the preferences will help to fulfill the Secretary's responsibilities toward Indians. Requires Federal agencies to implement preferences by limiting the competition for the awarding of a contract to Indian-owned enterprises if: (1) two or more of such enterprises are ready and able to perform the contract; or (2) only one such enterprise is available and the agency has a method to determine the responsibility of such enterprise and the reasonableness of the bid submitted for such contract. Provides that if it is not feasible for an agency to limit the competition for a contract award, such contract shall be awarded after open competition to the lowest bidder, subject to certain conditions. Provides that preference requirements may be waived only upon extraordinary circumstances and by certain officials. Directs Federal agencies, at the beginning of each fiscal year, to prepare procurement schedules to advertise contracts that cannot be awarded under limited competition. Authorizes Indian-owned enterprises that are certified by the Advisory Committee on Indian Preference as eligible for preferences and that are not engaged in construction activities to enter into joint ventures with ineligible enterprises so long as the eligible enterprises own and control at least 51 percent of the joint venture. Provides that such enterprises shall not remain eligible if either enterprise has participated in two or more of such joint ventures. Establishes an Advisory Committee on Indian Preference. Outlines the responsibilities of the Committee, including: (1) the certification of Indian enterprises that meet Committee preference criteria; and (2) the development of programs that ensure that Federal funds for the benefit of Indians assist in the promotion of economic development. Requires the Secretary to be responsible for coordinating and providing staff to the Committee. Authorizes the Secretary to enter into contracts with nonprofit Indian organizations to provide support services to the Committee. Authorizes appropriations.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 5 April 1989

  Open at official source

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