ISBEE & The Buy Indian Act

The U.S. government gives the Bureau of Indian Affairs (BIA) the authority to set aside procurement contracts for Indian-owned and controlled businesses through The Buy Indian Act (25 U.S.C. §47). The Buy Indian Act regulations are included in the Department of the Interior Acquisition Regulations (DIAR) part 1480. The National Park Service, Bureau of Land Management and other bureaus in the Department of the Interior may also be authorized to set aside procurement contracts under this Act.

The Buy Indian regulations give preference, where authorized and applicable, to the hiring of Native American employees and purchasing of products, supplies and services from eligible Indian Small Business Economic Enterprises (ISBEE) and Indian Economic Enterprises (IEE). The ESC is eligible Indian Small Business Economic Enterprises.

Indian Incentive Program

The U.S. government provides a monetary incentive through its Indian Incentive Program (25 U.S.C. §1544) to eligible prime contractors for hiring Native American-owned companies like the ESC as subconsultants.

The program:

• Offers up to 5% of the amount paid to ESC returned to the prime contractor after work is completed
• Requires authorization in the contract
• Requires the funds be expended