Question 1

What is the Buy Indian Act?

Accepted Answer

The Buy Indian Act (25 U.S.C. § 47) is a federal statute that grants agencies—primarily HHS and the Indian Health Service—authority to give preference to Indian-owned businesses in federal procurements. It creates both set-aside and sole-source opportunities exclusively for tribal enterprises.

Question 2

Which agencies use Buy Indian Set-Asides?

Accepted Answer

Primarily the Indian Health Service (IHS) within HHS. Other HHS components and federally established tribal health programs may also use Buy Indian authority. It is separate from the DOI's IEE/ISBEE programs.

Question 3

Who qualifies as an Indian enterprise under the Buy Indian Act?

Accepted Answer

A business qualifies if it is at least 51% owned and controlled by enrolled members of federally recognized Indian tribes or Alaska Native shareholders. The definition is similar to IEE but authority is granted to HHS rather than DOI.

Question 4

Does the Buy Indian Act apply to all IHS procurements?

Accepted Answer

No. The IHS contracting officer determines on a procurement-by-procurement basis whether Buy Indian authority is appropriate based on market research, available Indian enterprises, and the nature of the requirement. Not all IHS contracts are Buy Indian set-asides.

Question 5

Can a Buy Indian firm also qualify for other set-aside programs?

Accepted Answer

Yes. Tribal enterprises may simultaneously qualify for Buy Indian, IEE/ISBEE (DOI), 8(a), HUBZone, and other programs. The set-aside used depends on which agency is awarding the contract and which authority the contracting officer invokes.

Question 6

How does SamSearch help Buy Indian businesses find contracts?

Accepted Answer

SamSearch indexes IHS and HHS solicitations tagged with the BICiv set-aside code, helping tribal enterprises identify Buy Indian opportunities in healthcare, construction, and administrative services without manual SAM.gov searches.

Question 7

What types of services does IHS typically procure through Buy Indian Act authority?

Accepted Answer

IHS uses Buy Indian authority most frequently for healthcare staffing (nurses, physicians, pharmacists), dental and optometry services, behavioral health programs, IT system support, construction and renovation of health facilities, medical equipment supply, and administrative and program support services for tribal health centers.

Question 8

Can a tribally-controlled college or educational institution qualify under the Buy Indian Act?

Accepted Answer

Generally yes, if the institution is at least 51% owned or controlled by enrolled tribal members or an Indian tribe. Tribal colleges and tribally-controlled entities established under tribal law or federal statute often qualify, but the contracting officer reviews ownership and control on a case-by-case basis for educational institutions with complex governance structures.

Question 9

How does Buy Indian Act authority interact with other socio-economic set-aside programs at IHS?

Accepted Answer

IHS may choose to use Buy Indian authority, SDVOSB set-aside authority, or small business set-aside authority depending on the specific procurement. In practice, IHS strongly prefers Buy Indian authority for most acquisitions to support tribal economies. A firm holding both Buy Indian eligibility and SDVOSB certification has the broadest access to IHS contracting opportunities.

Question 10

Are there dollar thresholds for Buy Indian Act set-asides?

Accepted Answer

The Buy Indian Act itself does not specify dollar thresholds. However, IHS contracting officers apply the same simplified acquisition thresholds and other FAR acquisition thresholds that govern all federal procurements. Sole-source Buy Indian awards follow the IHS's internal policies, which are informed by FAR thresholds and the practical availability of competing tribal enterprises.

Question 11

What is the competitive standard for a Buy Indian set-aside?

Accepted Answer

IHS applies a rule-of-two standard similar to FAR 19.5: if there is a reasonable expectation that at least two qualified Indian enterprises will submit offers at a fair and reasonable price, the contracting officer sets aside the procurement for Buy Indian competition. If only one Indian enterprise is available, IHS may proceed with a sole-source Buy Indian award.

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Buy Indian Set-Aside (specific to Department of Health and Human Services, Indian Health Services) — Market Data & Live Contracts

About Buy Indian Set-Aside

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Frequently Asked Questions — Buy Indian Set-Aside