PAP.2.1.100 Regulations and Law Requirements

(a) The Tribe shall make efforts to ensure that qualified Indians, Indian Organizations, and Indian-Owned economic enterprises are used when possible. Such efforts shall include, but shall not be limited to:

(1) Placing qualified Indians, Indian Organizations, and Indian-Owned economic enterprises on solicitation lists;

(2) Assuring that qualified Indians, Indian Organizations, and Indian-Owned economic enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by qualified Indians, Indian Organizations, and Indian-Owned economic enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by qualified Indians, Indian Organizations, and Indian-Owned economic enterprises;

(5) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and

(6) Including in contracts a clause requiring contractors, to the greatest extent feasible, to provide opportunities for training and employment for qualified Indians, Indian Organizations, and Indian-Owned economic enterprises and to award subcontracts for work in connection with the project to qualified Indians, Indian Organizations, and Indian-Owned economic enterprises which are located in, or owned in substantial part by persons residing in the area of the project.

(7) Requiring prime contractors, when subcontracting is anticipated, to take the steps listed above.

(b) Regulations and Law References:

(1) Administrative Procurement Requirements for Indian Tribal Governments: 24 CFR 85.36

(2) HUD Procurement Handbook: HUD Handbook

(3) Indian Self Determination Act : Public Law 93-638; 25 CFR Part 900

(4) Indian Health Services Manual: Chapter 11

(5) OMB Circular A-87: OMB Circular A-87

(6) Tribal Preferences requirements: 24 CFR 1000.48

(7) Wage and Labor Standards: 25 U.S.C. §450e

(8) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: 2 C.F.R. Part 200