§ 3902. Credit for Indian contracting in meeting certain subcontracting goals for small disadvantaged businesses

951 words·~4 min read·/usc/title-10/section-3902

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(a)Regulations.— Subject to subsections

(b)and (c), in any case in which a subcontracting goal is specified in a Department of Defense contract in the implementation of section 8(d) of the Small Business Act (15 U.S.C. 637(d)), credit toward meeting that subcontracting goal shall be given for—

(1)work performed in connection with that Department of Defense contract, and work performed in connection with any subcontract awarded under that Department of Defense contract, if such work is performed on any Indian lands and meets the requirements of paragraph

(1)of subsection (b); or

(2)work performed in connection with that Department of Defense contract, and work performed in connection with any subcontract awarded under that Department of Defense contract, if the performance of such contract or subcontract is undertaken as a joint venture that meets the requirements of paragraph

(2)of that subsection.

(b)Eligible Work.—

(1)Work performed on Indian lands meets the requirements of this paragraph if—

(A)not less than 40 percent of the workers directly engaged in the performance of the work are Indians; or

(B)the contractor or subcontractor has an agreement with the tribal government having jurisdiction over such Indian lands that provides goals for training and development of the Indian workforce and Indian management.

(2)A joint venture undertaking to perform a contract or subcontract meets the requirements of this paragraph if—

(A)an Indian tribe or tribally owned corporation owns at least 50 percent of the joint venture;

(B)the activities of the joint venture under the contract or subcontract provide employment opportunities for Indians either directly or through the purchase of products or services for the performance of such contract or subcontract; and

(C)the Indian tribe or tribally owned corporation manages the performance of such contract or subcontract.

(c)Extent of Credit.— The amount of the credit given toward the attainment of any subcontracting goal under subsection

(a)shall be—

(1)in the case of work performed as described in subsection (a)(1), the value of the work performed; and

(2)in the case of a contract or subcontract undertaken to be performed by a joint venture as described in subsection (a)(2), an amount equal to the amount of the contract or subcontract multiplied by the percentage of the tribe’s or tribally owned corporation’s ownership interest in the joint venture.

(d)Regulations.— The Secretary of Defense shall prescribe regulations for the implementation of this section.

(e)Definitions.— In this section:

(1)The term “Indian lands” has the meaning given that term by section 4(4) of the Indian Gaming Regulatory Act (25 U.S.C. 2703(4)).

(2)The term “Indian” has the meaning given that term by section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(d)).

(3)The term “Indian tribe” has the meaning given that term by section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).

(4)The term “tribally owned corporation” means a corporation owned entirely by an Indian tribe.

(Added Pub. L. 102–484, div. A, title VIII, § 801(g)(1), Oct. 23, 1992, 106 Stat. 2445, § 2323a; amended Pub. L. 104–201, div. A, title X, § 1074(a)(13), Sept. 23, 1996, 110 Stat. 2659; Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(vii), Aug. 13, 2018, 132 Stat. 1847; Pub. L. 116–92, div. A, title XVII, § 1731(a)(39)(B), Dec. 20, 2019, 133 Stat. 1814; renumbered § 3902, Pub. L. 116–283, div. A, title XVIII, § 1838(b), Jan. 1, 2021, 134 Stat. 4242; Pub. L. 117–81, div. A, title XVII, § 1701(v)(2)(A), Dec. 27, 2021, 135 Stat. 2154.)

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