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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 48 - Federal Acquisition Regulations System |
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Chapter 14 - Department of the Interior |
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SubChapter H - Indian Affairs Supplement |
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Part 1480 - Acquisitions Under the Buy Indian Act |
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Subpart 1480.8 - Representation by an Indian Economic Enterprise Offeror |
§ 1480.801 - General.
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1480.801 General.
(a) The CO must insert the provision at 1452.280-4, INDIAN ECONOMIC ENTERPRISE REPRESENTATIONIndian Economic Enterprise representation, in all solicitations regardless of dollar value that are set aside for IEEs in accordance solicited under 1480.401(c) or (d) and in accordance with this part.
(b) To be considered for an award under 1480.503 or 1480.504-1401(c) or (d), an offeror must represent certify that it meets the definition of “Indian economic enterprise” in Economic Enterprise” (as defined in 1480.201) in response to a specific solicitation set-aside in accordance with the Buy Indian Act and this part. ; and
(c) The enterprise must meet the definition of “Indian economic enterprise” Economic Enterprise” throughout the following time periods:
(1) At the time an offer is made in response to a solicitation;
(2) At the time of contract award; and
(3) During the full term of the contract.
(d) If, after award, a contractor no longer meets the eligibility requirements in paragraph (b) of as it has certified and as set forth in this section, then the contractor must provide immediate, the CO with written notification within 3 days of its failure to comply with the COeligibility requirements. The notification must include:
(1) Full disclosure of circumstances causing the contractor to lose eligibility status; and
(2) A description of actions, if any, that must be taken to regain eligibility.
(e) Failure to provide immediate written notification required by paragraph (d) of this section means that:
(1) The economic enterprise may be declared ineligible as an IEE for future contract awards under this part; and
(2) IA The CO may consider termination for default if it is determined to be in the best interest of the governmentGovernment.
(f) The A CO will accept an offeror's representation in a specific bid or proposal that it is an IEE unless another review the representation if an interested party challenges the IEE representation or if the CO has any other reason to question the representation. The CO may ask the offeror for more information to substantiate the representation. Challenges of and questions concerning a specific representation must be referred to the CO or CCO in accordance with Subpart subpart 1480.9.
(g) Participation in the Mentor-Protégé Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (25 U.S.C. 47 note) does not render an IEE ineligible for contracts awarded under the Buy Indian Act.