Overview
This section provides precise legal definitions for terms used within FAR Subpart 26.1, establishing the eligibility criteria for individuals, tribes, and business entities participating in the Indian Incentive Program.
Key Rules
- Indian Status: Defined as a member of a federally recognized tribe eligible for Bureau of Indian Affairs (BIA) services or a "Native" under the Alaska Native Claims Settlement Act.
- Indian-Owned Economic Enterprise: Must be a for-profit commercial, industrial, or business activity with at least 51 percent Indian ownership, as determined by the Secretary of the Interior.
- Tribal Recognition: An "Indian tribe" must be recognized by the Federal Government as eligible for BIA services, including specific Alaskan native villages and corporations.
- Interested Party: Specifically limited to prime contractors or actual/prospective offerors whose direct economic interest is impacted by the award (or non-award) of a subcontract.
Practical Implications
- Eligibility Verification: Contractors must ensure that subcontractors meet the 51% ownership threshold and federal recognition requirements to qualify for the 5% incentive payment offered under the Indian Incentive Program.
- Standing for Disputes: The narrow definition of an "Interested party" limits who can legally challenge or raise issues regarding the selection and award of subcontracts under this specific subpart.