Proposed Buy Indian Rule
The Department of the Interior (DOI) has proposed revisions to the regulations implementing the Buy Indian Act. The Buy Indian Act provides DOI with the authority to set aside procurement contracts for Indian-owned and controlled businesses. The revisions would eliminate the restriction on Indian Economic Enterprises from competing on certain construction contracts issued under the Buy Indian Act, expand Indian Economic Enterprises' ability to subcontract work subject to Buy Indian Act, reduce the potential for fraud and abuse of acquisitions subject to the Buy Indian Act, and give greater preference to Indian Economic Enterprises when a deviation from the Buy Indian Act is necessary, among other updates.
The proposed rule is available here.
Consultation with Tribes and Alaska Native corporations on this proposed rule will be held Wednesday, December 1, 2 p.m.–4 p.m. ET. Please register in advance here.
A copy of the presentation provided at the consultation is available here.
Comments are due on December 27, 2021 through www.regulations.gov.
History of Proposed Rule's Development
Prior to publishing the proposed rule, DOI had consulted with Tribes on draft revisions. On May 14, 2021, the Department invited Tribes to consult on the draft revisions on June 15 and 17, 2021. See the Dear Tribal Leader letter for additional information. See also: Buy Indian Regulation Updates - Advance Draft for Tribal Consultation and Summary of Advance Draft. Comments on those draft revisions were due June 25, 2021. See: Summary of Comments received during June 2021 Consultation with Tribes and Alaska Native Corporations and Department of the Interior Responses.