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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 1480.4 - Policy |
§ 1480.403 - Deviations.
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1480.403 Deviations.
There are certain instances where the application of the Buy Indian Act to an acquisition may not be appropriate. In these instances, the Contracting Officer must detail the reasons in writing and make a deviation determination.
(a) The following officials may authorize a deviation for an IA acquisition: Sole source acquisitions awarded to an ISBEE or IEE under 1480.401(c)(2) or (d)(2) do not require a deviation determination and comply with the requirements of the Buy Indian Act.
(b) Some acquisitions by their very nature would make such a written determination unnecessary. The following acquisitions do not require a written deviation from the requirements of the Buy Indian Act:
(1) Any sole source acquisition justified and approved in accordance with FAR 6.3 and DIAR 1406.3 constitutes an authorized deviation from the requirements of the Buy Indian Act.
(2) Any order or call placed against an indefinite delivery vehicle that already has an approved deviation from the requirements of the Buy Indian Act.
. . .(c) Deviation determinations are required for all other acquisitions where the Buy Indian Act is applicable and must be approved as follows:
Table 1 to Paragraph (c)
For a proposed contract action . . .The following official may authorize a deviation $550Up to $25,000 CO. Exceeding $25,000 but not exceeding The CCO$700,000 Procurement ChiefOne level above the CO or Chief of the Contracting Office (CCO) (or the IA $550Competition Advocate, absent a CCO). Exceeding $11$700,000 but not exceeding $11$13.5 million IA Competition Advocate. Exceeding head$13.5 million but not exceeding $57 million The procuring activity,Head of the Contracting Activity or a designee who is a civilian serving in a position in a grade above GS-15 under the General Schedule or in a comparable or higher position under another schedule. Exceeding $57 million Department of the Interior Senior Procurement Executive. b(
IAd) Deviations may be authorized prior to issuing the solicitation when
the appropriate officialthe CO makes the following determinations and
takes the following actions:
Acquisition type Basis for deviation Necessary actions In pursuit of a simplified or commercial item acquisition in accordance with FAR Parts 12 or 13 and DIAR 1413 IA determines after a market surveyISBEEs (or at least from one such enterprise, if the purchase does not exceed the dollar threshold described in FAR 13.003)The official must: (1) Document the reasons for the deviation in the file; (2) Ascertain the availability of small business suppliers through market research; and (3) If appropriate, compete the purchase using an unrestricted small business set-aside as prescribed in FAR 19.502-2.(1) The CO determines after market research that there is no reasonable expectation of obtaining offers that will be competitive in terms of market price, quality, and delivery from two or more responsible
In pursuit of all other acquisitions IA determines that there is no reasonable expectation that offers will be received from two or more responsible IEEs at a reasonable and fair market price The official must: (1) Provide a written determination in the contract file stating there is no reasonable expectation of receiving offers from two or more responsible IEEs and that award cannot be made at a reasonable and fair market price; and (2) Proceed with the acquisition using the order of precedence established in FAR 8.001.(c) Deviations may be authorized after issuing solicitations when IA makes the following determinations and the appropriate official takes the following actions:
Acquisition type Basis for deviation Necessary actions In pursuit of a simplified or commercial item acquisition in accordance with FAR Parts 12 or 13 and DIAR 1413 Only one offer is received from a responsible ISBEE and the price is unreasonable or no offers are received from a responsible ISBEE The official must: (1) Document the reasons for the deviation in the file; (2) Ascertain the availability of small business suppliers through market research; and (3) If appropriate, compete the purchase using an unrestricted small business set-aside as prescribed in FAR 19.502-2. (1) All otherwise acceptable offers received from IEEs are unreasonable; (2) Only one offer is received from an IEE and the CO determines the price to be unreasonable; or (3) No responsive offers have been received from IEEs.The official must: (1) Cancel the solicitation; (2) Reject all offers in writing in accordance with FAR 14.404-3; and (3) Complete the acquisition by either: (i) Using negotiation, provided the CO has obtained the approval required by FAR 14.404-1; or (ii) If negotiation with the offerors responding to the canceled solicitation is not authorized, the CO must proceed with a new acquisition using the order of precedence in FAR 8.001.In pursuit of all other acquisitions The Indian tribe justifies a deviation under 1480.504-1(b)(2) IA must proceed under PL 93-638. (d) In response to a set-aside acquisition, when using competitive proposals, proposals may be rejected by a written determination by the CCO that a reasonable price cannot be negotiated.
ISBEE, IEEs, or direct negotiation with an IEE that is a certified 8a business.
(2) The deviation determination is authorized by the official listed at 1480.403(c) for the applicable contract action.
(e) If a deviation determination has been approved, the CO must follow the FAR and DIAR unless specified otherwise.
(f) Acquisitions made under an authorized deviation from the requirements of the Buy Indian Act must be made in conformance with the order of precedence required by FAR 8.002.