Indian Business Opportunities Enhancement Act

Summary

Indian Business Opportunities Enhancement Act - Amends the Buy Indian Act to require Federal agencies administering funds appropriated for the benefit of Indians to provide a preference to Indian preference enterprises that provide the greatest economic impact on Indian reservations in the award of a grant or contract. Directs such agencies to require the recipient of such a contract or grant to provide training and employment preferences to Indians and preference to Indian preference enterprises in awarding any subcontracts or subgrants under the contract or grant. Requires the contracting agency to provide a weighted preference to enterprises that meet specified criteria. Credits an enterprise that bids on a contract with a deduction equal to two percent of its bid amount for each of three specified factors that the enterprise swears it will satisfy in carrying out the contract. Subjects enterprises which fail to satisfy any of the factors which they swore they would satisfy to a penalty of ten percent of the contract amount, subject to reduction under certain circumstances. Requires the contracting officer to refer the matter to the appropriate United States Attorney for a determination of whether prosecution for fraud is appropriate if the officer believes that the matter involves deliberate misrepresentation by the enterprise. Requires a prospective awardee to submit an Indian preference compliance plan that is acceptable to the contracting officer before receiving any contract award. Authorizes the Secretary of the Interior to utilize Indian preference in the award of grants or contracts that do not involve funds for the benefit of Indians if the Secretary believes the preference will help fulfill his or her responsibilities toward Indians. Specifies annual objectives for each agency within the Department of the Interior to contract with Indian preference enterprises. Provides that the preferences provided by this Act shall have priority over all other Federal procurement preferences. Specifies the applicability of the amendments made by this Act to the Buy Indian Act with respect to the awarding of: (1) grants and contracts under the Indian Self-Determination and Educational Assistance Act; and (2) contracts under the Small Business Act. Provides that this Act shall apply with respect to the Five Civilized Tribes and the members of the Osage Tribe. Sets forth special rules governing implementation of the preferences provided under this Act in the awarding of Federal agency contracts. Requires each Federal agency, to the greatest extent feasible, to advertise Indian preference contracts before performance under such contracts must begin to permit a subsequent open market advertisement of the contract if it cannot be awarded under such rules through limited competition to an Indian preference enterprise. Mandates Department of Interior contract set asides for small and tribally-owned businesses. Requires an Indian preference enterprise to provide an affidavit certifying that it meets the requirements to be certified as eligible for the preferences provided under this Act. Sets forth special rules governing Indian preference enterprise joint ventures. Establishes a mechanism for enterprises to certify themselves as eligible for the preferences provided under this Act. Allows: (1) Federal agencies to investigate an enterprise's eligibility for such preferences; and (2) specified parties to file protests challenging an enterprise's self-certification. Establishes within the Department of the Interior an Office of Indian Business Utilization as the principal Federal office responsible for overseeing the administration of this Act. Requires an agency to revoke the enterprise's certification if it is found to have falsely certified itself as eligible for the preferences provided under this Act. Provides for appeal of denials of certification as an Indian Preference enterprise. Authorizes Federal agencies and grantees to delegate to an Indian tribal government the responsibility for monitoring a contractor's compliance with the agency's Indian preference requirements, under certain conditions. Provides for penalties with respect to individuals who misrepresent their status or the status of an enterprise in order to obtain a preference under this Act. Requires the Secretary, through the Director of the Office of Indian Business Utilization, to establish an Indian Enterprise Bonding Demonstration Program to assist Indian enterprises in obtaining bonds from traditional surety companies. Provides that the Secretary may, at his or her discretion, waive provisions of the Miller Act with respect to a Federal agency contract awarded to an Indian preference enterprise, under certain circumstances. Requires each agency of the Department of the Interior that issues a contract or subcontract under this Act or specified other Acts authorizing Federal contracts with or grants to Indian organizations or for the benefit of Indians to comply with the requirements of the Prompt Payment Act. Requires the Secretary to provide an alternative dispute resolution procedure for use by Indian preference enterprises. Amends the Federal criminal code to establish criminal penalties for violations of this Act. Authorizes the Secretary to negotiate and enter into cooperative agreements with Indian tribes to engage in cooperative manpower and job training and development programs. Requires the Bureau of Indian Affairs and the Indian Health Service, in all matters connected with establishing or developing facilities to provide services or assistance to Indians, to give priority consideration to locating such facilities on Indian reservation lands. Provides that any employment opportunities at such facilities shall be subject to the employment preferences set forth by this Act. Requires the Secretary to make grants or enter into contracts with an eligible entity to establish and operate an Indian Enterprise Data Center to gather information on Indian preference enterprises. Requires the Center to provide an annual list of Indian enterprises eligible for various minority preferences to the Federal agencies that administer such preferences, and to private entities requesting such list.

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Documents

6 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Referred in House (text)

  Referred in House · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Engrossed in Senate (text)

  Engrossed in Senate · EN

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• Passed Senate amended

  summary · EN · 12 August 1992

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• Introduced in Senate

  summary · EN · 31 July 1992

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