About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-232364 1 (1988-10-05)

handle is hein.gao/gaobadnfr0001 and id is 1 raw text is: tThe Comptroller General of the United States Wahington, D.C. 20548 Decision Matterof: Department of Health and Human Services--Request for Advance Decision File: B-232364 Date: October 5, 1988 DIGEST Proposed sole source award to qualified Indian contractor is permitted under the Buy Indian Act. Because the Buy Indian Act is a statutorily authorized procurement procedure, it is excepted from the full and open competition requirement of the Competition in Contracting Act. The Secretary of the Interior is granted broad discretion in purchasing the products of Indian industry in implementing the Buy Indian Act, and this discretion is not affected by provisions of the Federal Acquisition Regulation which pertain to small business set-asides. DECISION A contracting officer of the Indian Health Service, Department of Health and Human Services (HHS), requests an advance decision concerning the propriety of an anticipated sole-source award to a qualified Indian contractor, for a health care delivery system for Indian beneficiaries, under the Buy Indian Act, 25 U.S.C. S 47 (1982). In particular, the contracting officer questions whether the Competition in Contracting Act of 1984 (CICA) and the Federal Acquisition Regulation (FAR) restrict the broad discretion afforded to the Secretary of the Interior under the Buy Indian Act to award contracts to qualified Indian firms without obtaining full and open competition. 1/ j/ The functions of the Secretary of the Interior for the maintenance and operations of hospital and health facilities for Indians were transferred to the Secretary of Health, Education and Welfare. 42 U.S.C. S 2001 et seq. (1982). The Secretary of Health and Human Services was thereby authorized to use the Buy Indian Act in the acquisition of products of Indian industry in connection with the main- tenance and operations of hospital and health facilities for Indians. This authority was delegated exclusively to the Indian Health Service. I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most