Probably one of the more important paragraphs in the Indian Preference Program is paragraph Number 4. It sets out the guidelines for contractors to seek out and negotiate with qualified Indian subcontractors that can participate in the construction project that has been awarded.
It is your responsibility as a professional Indian Contractor to work with your Tribal Offices to see that the General Contractor adheres to the Indian Preference Program! Be proactive and contact the Tribal Offices that are responsible for enforcing the program. There should be guidelines in place to insure that the Indian Preference Program is enforced.
Paragraph 4 says:
(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors and suppliers under this contract. The Contractor shall give public notice of existing subcontracting opportunities and, to the extent feasible and consistent with the efficient performance of this contract, shall solicit bids or proposals only from Indian organizations or Indian-owned economic enterprises. The Contractor shall request assistance and information on Indian firms qualified as suppliers or subcontractors from the Tribe(s) on or near whose reservation(s) the work under the contract is to be performed. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to be contacted in regard to the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including: A clear description of the supplies or services required, including quantities, specifications, and delivery schedules which facilitate the participation of Indian firms; A statement indicating that preference will be given to Indian organizations and Indian-owned economic enterprises in accordance with section 7(b) of Public Law 93638 (88 Stat. 2205; 25 U.S.C. 450e(b)); Definitions for the terms Indian organization and Indian-owned economic enterprise as prescribed under the Indian Preference clause of this contract; A statement to be completed by the bidder or offeror that it is an Indian organization or Indian-owned economic enterprise; and A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If after soliciting bids or proposals from Indian organizations and Indian-owned economic enterprises, no responsive bid or acceptable proposal is received, the Contractor shall comply with the requirements of paragraph (d) of the Indian Preference clause of this contract. If one or more responsible bids or acceptable proposals are received, award shall be made to the low responsible bidder or acceptable offeror if the price is determined to be reasonable. If the low responsive bid or acceptable proposal is determined to be unreasonable as to price, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If a reasonable price cannot be agreed upon, the Contractor shall comply with the requirements of paragraph (d) of the Indian Preference clause of this contract.
A realistic program needs to be established to insure that qualified Indian subcontractors have the opportunity to participate in the projects on Indian Reservations.
The main stumbling block is time. Each project has a time established for completion and the clock starts ticking once the contract is awarded. This is where a procedure needs to be established that will allow the Contractor to adhere to the Indian Preference Program without being penalized.
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