As always, it is important to know who is using the term and how it is being interpreted. Indian Economic Enterprise is associated primarily with Buy Indian Act solicitations. Specifically defined in 1480.201.
Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership shall constitute not less than 51 percent of the enterprise. Further, such enterprise must meet the following se requirements:
- At the time an offer is made in response to a written solicitation;
- At the time of contract award; and
- During the full term of the contract
Indian means a person who is a member of an Indian Tribe. If the contractor has reason to doubt that a person seeking employment preference is an Indian, the contractor shall grant the preference but require the individual within thirty (30) days to provide evidence from the Tribe concerned that the person is a member of the Tribe.
Indian Tribe means an Indian Tribe, band, nation, or other recognized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (Pub. L. 92-203, 85 Stat. 688; 43 U.S.C. 1601), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
Buy Indian Act Solicitations will refer to BIA 1452.280-4 Indian Economic Enterprise Representation, which directs contracting officers to request the following provision in each written solicitation for supplies, services, or construction authorized by BIA 1480.401(b):
INDIAN ECONOMIC ENTERPRISE REPRESENTATION
The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of Indian economic enterprise as defined in BIA 1480.201.
[End of provision]
Offerors can include the Department of the Interior Indian Economic Enterprise (IEE) representation letter and a screen shot of the SAM profile highlighting active and
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