Sec. 303. preference to indians and indian firms
309 words·~1 min read·
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## Sec. 303 preference to indians and indian firms **[**[25 U.S.C. 1633](/us/usc/t25/s1633)**]** ###
(a)The Secretary, acting through the Service, may utilize the negotiating authority of the Act of June 25, 191014 (25 U.S.C. 47), to give preference to any Indian or any enterprise, partnership, corporation, or other type of business organization owned and controlled by an Indian or Indians including former or currently federally recognized Indian tribes in the State of New York (hereinafter referred to as an “Indian firm”) in the construction and renovation of Service facilities pursuant to section 301 and in the construction of safe water and sanitary waste disposal facilities pursuant to section 302. Such preference may be accorded by the Secretary unless he finds, pursuant to rules and regulations promulgated by him, that the project or function to be contracted for will not be satisfactory or such project or function cannot be properly completed or maintained under the proposed contract. The Secretary, in arriving at his finding, shall consider whether the Indian or Indian firm will be deficient with respect to
(1)ownership and control by Indians,
(2)equipment,
(3)bookkeeping and accounting procedures,
(4)substantive knowledge of the project or function to be contracted for,
(5)adequately trained personnel, or
(6)other necessary components of contract performance. 14This Act is commonly referred to as the “Buy Indian Act”, which is included in this compilation. ###
(b)For the purpose of implementing the provisions of this title, the Secretary shall assure that the rates of pay for personnel engaged in the construction or renovation of facilities constructed or renovated in whole or in part by funds made available pursuant to this title are not less than the prevailing local wage rates for similar work as determined in accordance with the Act of March 3, 1931 (40 U.S.C. 276a—276a–5, known as the Davis-Bacon Act).
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- 40 USC 276a
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