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, and 48 CFR 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.
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Overview of the Federal Contracting Procurement Process.