Pub. L. 100-656, tit. VI, sec. 602

INDIAN TRIBE EXEMPTIONS.

EnactedYear: 1988Length: 332 wordsOfficial source
SEC. 602. INDIAN TRIBE EXEMPTIONS. (a) Competitive Thresholds.— Section 8(a)(16) of the Small Business Act as added by section 303 of this Act, shall not apply to Program Participants that are owned and controlled by economically disadvantaged Indian tribes, as defined pursuant to para-102 STAT. 3888graphs (4) and (13) of section 8(a) of the Small Business Act (15 U.S.C. 637(a) (4) and (13)). (b) Joint Ventures.— The Administration is authorized to award a contract pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)) to a joint venture notwithstanding the size status of such joint venture if— (1) a party to the joint venture is a Program Participant that is owned and controlled by an economically disadvantaged Indian tribe (as defined pursuant to paragraphs (4) and (13) of section 8(a) of the Small Business Act (15 U.S.C. 637(a) (4) and (13)); and (2) such Program Participant: (A) owns 51 per centum or more of such joint venture; (B) is located on the reservation of such tribe; (C) performs most of its activities on such reservation; and (D) employs members of such tribe for at least 50 per centum of its total workforce. (c) Limitations.— A Program Participant, as a party to a joint venture shall receive no more than two contracts due solely to the provisions of subsection (b). (d) Eligibility of More Than One Concern.— The Administration may permit more than one small business concern owned by a socially and economically disadvantaged Indian tribe to be eligible for assistance pursuant to this section 7(j)(10) and section 8(a) of the Small Business Act (15 U.S.C. 637(j)(10) and 637(a)) if— (1) the Indian tribe does not own another firm in the same industry which has been determined to be eligible to receive contracts under this program, and (2) the individuals responsible for the management and daily operations of the concern do not manage more than two Program Participants. (e) Sunset.— Subsection (b) shall cease to be effective after September 30, 1991.
Pub. L. 100-656, tit. VI, sec. 602: INDIAN TRIBE EXEMPTIONS. | Justis AI