[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR26.103]

[Page 486-487]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 26--OTHER SOCIOECONOMIC PROGRAMS--Table of Contents
 
                 Subpart 26.1--Indian Incentive Program
 
Sec. 26.103  Procedures.

    (a) Contracting officers and prime contractors, acting in good 
faith, may rely on the representation of an Indian organization or 
Indian-owned economic enterprise as to its eligibility, unless an 
interested party challenges its status or the contracting officer has 
independent reason to question that status.
    (b) In the event of a challenge to the representation of a 
subcontractor, the contracting officer shall refer the matter to the 
U.S. Department of the Interior, Bureau of Indian Affairs (BIA), Attn: 
Chief, Division of Contracting and Grants Administration, 1849 C Street, 
NW., MS-2626-MIB, Washington, DC 20240-4000. The BIA will determine the 
eligibility and notify the contracting officer.

[[Page 487]]

    (c) The BIA will acknowledge receipt of the request from the 
contracting officer within 5 working days. Within 45 additional working 
days, BIA will advise the contracting officer, in writing, of its 
determination.
    (d) The contracting officer will notify the prime contractor upon 
receipt of a challenge.
    (1) To be considered timely, a challenge shall--
    (i) Be in writing;
    (ii) Identify the basis for the challenge;
    (iii) Provide detailed evidence supporting the claim; and
    (iv) Be filed with and received by the contracting officer prior to 
award of the subcontract in question.
    (2) If the notification of a challenge is received by the prime 
contractor prior to award, it shall withhold award of the subcontract 
pending the determination by BIA, unless the prime contractor 
determines, and the contracting officer agrees, that award must be made 
in order to permit timely performance of the prime contract.
    (3) Challenges received after award of the subcontract shall be 
referred to BIA, but the BIA determination shall have prospective 
application only.
    (e) If the BIA determination is not received within the prescribed 
time period, the contracting officer and the prime contractor may rely 
on the representation of the subcontractor.
    (f) Subject to the terms and conditions of the contract and the 
availability of funds, contracting officers shall authorize an incentive 
payment of 5 percent of the amount paid to the subcontractor. 
Contracting officers shall seek funding in accordance with agency 
procedures.

[56 FR 41737, Aug. 22, 1991, as amended at 57 FR 20377, May 12, 1992; 61 
FR 39211, July 26, 1996; 62 FR 40236, July 25, 1997; 64 FR 10532, Mar. 
4, 1999]