26.101 Definitions
Source: FAR 26.101 on acquisition.gov
Understanding and applying these definitions is critical for determining eligibility and compliance under the Indian Incentive Program.
Overview
FAR 26.101 provides definitions for key terms used in Subpart 26.1, which governs the Indian Incentive Program. These definitions clarify who qualifies as an "Indian," "Indian organization," "Indian-owned economic enterprise," and "Indian tribe," as well as what constitutes an "interested party." Understanding these terms is essential for determining eligibility and compliance with the program's requirements, particularly regarding subcontracting incentives for Indian-owned businesses.
Key Rules
- Definition of Indian
- Specifies who is considered an Indian for the purposes of the subpart, including members of federally recognized tribes and Alaska Natives.
- Definition of Indian Organization and Indian-Owned Economic Enterprise
- Clarifies what entities qualify as Indian organizations and the ownership threshold (at least 51%) for Indian-owned economic enterprises.
- Definition of Indian Tribe
- Details which groups are recognized as Indian tribes, including certain Alaska Native corporations.
- Definition of Interested Party
- Identifies who may have standing in matters related to subcontract awards under the program.
Responsibilities
- Contracting Officers: Must apply these definitions to determine eligibility for the Indian Incentive Program.
- Contractors: Should use these definitions to assess whether their subcontractors or partners qualify for program incentives.
- Agencies: Ensure proper application of definitions in program administration and reporting.
Practical Implications
- These definitions are foundational for compliance with the Indian Incentive Program.
- Misinterpretation can lead to ineligibility for incentives or disputes over subcontract awards.
- Contractors should verify documentation and status of Indian-owned entities to ensure compliance.
As used in this subpart-
Indian means any person who is a member of any Indian tribe, band, group, pueblo, or community that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1452(c)&num=0&edition=prelim" target="_blank">25 U.S.C. 1452(c) and any "Native" as defined in the Alaska Native Claims Settlement Act (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim" target="_blank">43 U.S.C. 1601).
Indian organization means the governing body of any Indian tribe or entity established or recognized by the governing body of an Indian tribe for the purposes of 25 U.S.C., Chapter 17.
Indian-owned economic enterprise means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership constitutes not less than 51 percent of the enterprise.
Indian tribe means any Indian tribe, band, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, that is recognized by the Federal Government as eligible for services from BIA in accordance with http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1452(c)&num=0&edition=prelim" target="_blank">25 U.S.C. 1452(c).
Interested party means a prime contractor or an actual or prospective offeror whose direct economic interest would be affected by the award of a subcontract or by the failure to award a subcontract.