§3902 Credit for Indian Contracting in Meeting Certain Subcontracting Goals for Small Disadvantaged Businesses

Summary

Allows Department of Defense contractors to count work toward small disadvantaged business subcontracting goals when the work happens on Indian lands or is done by a joint venture that involves a tribe. Work on Indian lands counts if either at least 40% of the workers directly doing the job are Indians or the contractor has an agreement with the tribe that sets goals for training and developing Indian workers and managers. Work by a joint venture counts if a tribe or tribally owned corporation owns at least 50% of the joint venture, the work gives employment or buys goods/services that benefit Indians, and the tribe or tribally owned corporation manages the work. Credit equals the value of the work for the on-Indian-lands cases. For joint ventures, credit equals the contract amount times the tribe’s ownership share. The Secretary of Defense must make rules to put this into practice. Definitions: Indian lands — as defined in the Indian Gaming Regulatory Act; Indian — as defined in the Indian Self-Determination and Education Assistance Act; Indian tribe — as defined in that Act; tribally owned corporation — a corporation owned entirely by a tribe.