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HHS/IHS RIN: 0917-AA18 Publication ID: Spring 2021 
Title: Acquisition Regulations; Buy Indian Act; Procedures for Contracting 

The Indian Health Service (IHS) is proposing to issue regulations guiding implementation of the Buy Indian Act, which provides IHS with authority to set-aside procurement contracts for Indian-owned and controlled businesses. This rule supplements the Federal Acquisition Regulation (FAR) and the current HHS Acquisition Regulations (HHSAR). IHS may use the Buy Indian Act procurement authority for acquisitions in connection with those functions. This rule is proposed to describe administration procedures that the IHS will use in all of its locations to encourage procurement relationships with eligible Indian Economic Enterprises in the execution of the Buy Indian Act. These proposed rules are intended to be consistent with Buy Indian Act rules previously promulgated by the Department of Interior. IHS published the proposed rule on November 10, 2020, with a 60 day comment period ending January 11, 2021, (85 FR 71596). Comments were received from tribes and tribal entities requesting an extension of the comment period due to the encompassing of the holiday season during the original comment period, as well as the disproportionately high impact of the pandemic on Indian Country. Both of these events delayed stakeholders from being able to perform a complete and full review and provide comments within the initial 60 day comment period. HHS is currently assisting with the Notice of Reopening of the Comment Period.

Agency: Department of Health and Human Services(HHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Transfer Act of 1954 (42 U.S.C. 2001 et seq.)    Transfer Act (42 U.S.C. 2003)    25 U.S.C. 1633    Buy Indian Act 1910    Indian Community Economic Enhancement Act of 2020 (Pub. L. 116-261)    ...   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/11/2020  85 FR 71596   
NPRM Comment Period End  01/11/2021 
NPRM Comment Period Reopened  05/00/2021 
NPRM Comment Period Reopened End  07/00/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Santiago Almaraz
Acting Director, Office of Management Service
Department of Health and Human Services
Indian Health Service
5600 Fishers Lane, Suite 09E45,
Rockville, MD 20857
Phone:301 443-4872