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corporations organized by Kenai, Juneau, Sitka, and Kodiak) as
defined in the Alaska Native Claims Settlement Act, which is recog-
nized by the Federal Government as eligible for services from the
Bureau of Indian Affairs.
(b) (1) The successful Contractor under this solicitation shall com-
ply with the requirements of this provision in awarding all subcon-
tracts under the contract and in providing training and employment
opportunities.
(2) A finding by the JHA that the contractor, either (i) awarded
a subcontract without using the procedure required by the IHA, (Il)
falsely represented that subcontracts would be awarded to Indian
enterprises or organizations; or, (iii) failed io comply with the
contractor's employment and training preference bid statement shall
be grounds for termination of the contract or for he assessment of
penaities or other remedies.
{c) If specitied elsewhere in this solicitation, the IHA may restrict the
solicitation to qualified Indian-owned enterprises and Indian organi-
zations. If two or more (or a greater number as specified elsewhere
in the solicitation) qualified Indian-owned enterprises or organiza-
tions submit responsive bids, award shall be made to the qualified
enterprise or organization with the lowest responsive bid. If fewer
than the minimum required number of qualified Indian-owned enter-
prises or organizations submit responsive bids, the IHA shall reject
all bids and readvertise the solicitation in accordance with paragraph
(d) below.
(d) If ine IHA prefers not to restrict the solicitation as described in
paragraph (c) above, or if after having resiricted a solicitation an
insufficient number of qualified Indian enterprises or organizations
submit bids, the IHA may advertise for bids from non-Indian as well
as Indian-owned enterprises and Indian organizations. Award shail
be made to the qualified Indian enterprise or organization with the
lowest responsive bid if that bid is -
(1) Within the maximum HUD-approved budget amount estab-
lished for the specific project or activity jor which bids are being
solicited; and
(2) Nomorethan the percentage specified in 24 CFR 905.175(c}
higher than the total bid price of the lowest responsive bid from any
qualified bidder. If no responsive bid by a qualified Indian-owned
economic enterprise or organization is within the stated range of the
total bid price of thé lowest responsive bid from any qualified
enterprise, award shall be made to the bidder with the lowest bid.
(@) Bidders seeking to qualify for preference in contracting or
subcontracting shall submit proof of Indian ownership with their bids.
Proof of Indian ownership shali include but not be limited to:
(1) Certification by a tribe or other evidence that the bidder is
an Indian. The IHA shall accept the certification of a tribe that an
individual is a member.
(2) Evidence such as stock ownership, structure, manage-
ment, control, financing and salary or profit sharing arrangements of
the enterprise.
(f) (1) All bidders must submit with their bids a statement describ-
ing how they will provide Indian preference in the award of subcon-
tracts. The specific requirements of that statement and the factors
to used by the IHA in determining the statement's adequacy are
included as an atfachment to this solicitation. Any bid that fails to
include the required statement shall be rejected as nonresponsive.
The IHA may require that comparable statements be provided by
subconiractors to the successful Contractor, and may require the
Coniractor to reject any bid or proposal by a subcontractor that fails
to include the statement.
(2) Bidders and prospective subcontractors shall submit a
certification (supported by credible evidence) to the IHA in any
instance where the bidder or subcontractor believes it is infeasible io
provide Indian preference in subcontracting. The acceptance or
rejection by the IHA of the certification shall be final. Rejection shall
disqualify the bid from further consideration.
(g) All bidders must submit with their bids a statement detailing their
employment and training opportunities and their plans to provide
preference to Indians in implementing the contract; and the number
or percentage of Indians anticipated to be employed and trained.
Comparable statements from all proposed subcontraciors must be
submitted. The criteria to be used by the !HA in determining the
statemeni(s)’s adequacy are included as an attachment to this
soilcitation. Any bid that fails to include the required statement(s), or
that includes a statement that does not meet minimum standards
required by the IHA shall be rejecied as nonresponsive.
(h) Core crew employees. A core crew employee is an individual
who Is a bona fide employee of the contractor at the time the bid is
submitted; or an individual who was not employed by the bidderat the
time the bid was submitted, but who is regularly employed by the
bidder in a supervisory or other key skilled position when work is
available. Bidders shall submit with their bids a list of all core crew
employees.
(i) Preference in contracting, subcontracting, employment, and
training shall apply not only on-site, on the reservation, or within ihe
IHA’s jurisdiction, but also to contracts with firms that operate outside
these areas (e.g., employment in modular or manufactured housing
construction facilities).
() Bidders should contact the IHA to determine if any additional
local preference requirements are applicable to this solicitation.
(k) The IHA [ ] does [ ] does not [Contracting Oificer check
applicable box] maintain lists of Indian-owned economic enterprises
and Indian organizations by specialty (e.g., plumbing, electrical,
foundations), which are available to bidders to assist them in meeting
their responsibility to provide preference in connection with the
administration of contracts and subcontracts.
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form HUD-5369 (10/2002)Jump to an indexed page (88 of 88)