Buy Indian Act and Set-Aside Procurements–Final Rule from Department of Health and Human Services

By: Christine V Williams on 01/14/2022

The Federal Register published the Final Rule on the Buy Indian Act regarding federal procurement as and Indian Economic Enterprise (IEE) and its counterpart for IEEs that are small (ISBEE).  The Agency promulgating the rule is the Department of Health and Human Services, which provides the Indian Health Services (IHS) with authority to set-aside procurements for Indian-owned and controlled businesses.  The Rule supplements the Federal Acquisition Regulation (FAR) and the Department of Health and Human Services Acquisition Regulations (HHSAR).

The final rule is in response to the 2015 GAO report, which found deficiencies in the Buy Indian Act in regards to procurement.  The Rule has been in the works since 2016 with comments and tribal consultations taken into consideration.  The rule should “more directly affect Indian economic enterprises and any contractors who use the Buy Indian Act for subcontracting.”  Notably, the rule applies to ANCSA corporations and tribes.

Here is the link to the final rule: Final Rule Buy Indian Act