American
Indian Incentive Program for Government Contracts.
The United States has a
unique legal and political relationship with Indian tribes and Alaska
Native entities as provided by the Constitution of the United States,
treaties, court decisions and Federal statutes.
The American Indian
Incentive Program of the Department of Defense strives to
provide opportunities to Indian organizations and Indian-owned economic
enterprises by providing for the payment of 5 percent of the amount
subcontracted to an Indian organization or Indian-owned economic
enterprise at any sub-tier, when authorized under the terms of the
contract.
DoD contracts with prime
contractors that contain the FAR clause 52.226–1, Utilization of Indian
Organizations and Indian-Owned Economic Enterprises, are eligible for
incentive payments under the program.
For actions after 13
September 2001, sub-tier contractors who subcontract to an Indian-owned
firm are eligible for the incentive payments by the Prime inserting
DFARS Clause 252.226–7001 in the contract.
These clauses may be added
at any time during the performance of the contract by the Prime.
American Indian
organizations and Indian-owned economic enterprises must have an
affiliation with an Indian tribe, as defined in
25 U.S.C. 1452.
"Indian" means
any person who is a member of any Indian tribe, band, group, pueblo,
or community that is recognized by the Federal Government as
eligible for services from the Bureau
of Indian Affairs (BIA) in accordance with 25 U.S.C. 1452(c) and
any "Native" as defined in the Alaska Native Claims Settlement Act
(43 U.S.C. 1601).
"Indian organization"
means the governing body of any Indian tribe or entity established
or recognized by the governing body of an Indian tribe for the
purposes of 25 U.S.C., chapter 17.
"Indian-owned
economic enterprise" means any Indian-owned (as determined by
the Secretary of the Interior) commercial, industrial, or business
activity established or organized for the purpose of profit,
provided that Indian ownership constitutes not less than 51 percent
of the enterprise.
"Indian tribe"
means any Indian tribe, band, pueblo, or community, including native
villages and native groups (including corporations organized by
Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native
Claims Settlement Act, that is recognized by the Federal Government
as eligible for services from BIA in accordance with 25 U.S.C.
1452(c).
How do I
certify/classify as a Indian organizations, or Indian-owned economic
enterprises?
The
Bureau of Indian Affairs determines
the eligibility of an Indian organization or Indian-owned economic
enterprise.