(2) The severity of the disaster or emergency. (1) The potential duration of the disaster or emergency. Agencies should transition the work at the earliest practical opportunity after consideration of the following: (c) In effecting the transition, agencies are not required to terminate or renegotiate existing contracts. The written determination shall be prepared within a reasonable time given the circumstances of the emergency. This determination may be made on an individual contract or class basis. (b) 42U.S.C.5 150(b)(2) requires that agencies performing response, relief, and reconstruction activities transition to local firms any work performed under contracts in effect on the date on which the President declares a major disaster or emergency, unless the head of such agency determines in writing that it is not feasible or practicable. These contracts should be structured to respond to immediate emergency response needs, and should not be structured in any way that may inhibit the transition of emergency response work to local firms ( e.g., unnecessarily broad scopes of work or long periods of performance). (a) In anticipation of potential emergency response requirements, agencies involved in response planning should consider awarding emergency response contracts before a major disaster or emergency occurs to ensure immediate response and relief. Contracting officers shall seek funding in accordance with agency procedures. (f) Subject to the terms and conditions of the contract and the availability of funds, contracting officers shall authorize an incentive payment of 5 percent of the amount paid to the subcontractor. (e) If the BIA determination is not received within the prescribed time period, the contracting officer and the prime contractor may rely on the representation of the subcontractor. (3) Challenges received after award of the subcontract shall be referred to BIA, but the BIA determination shall have prospective application only. (2) If the notification of a challenge is received by the prime contractor prior to award, it shall withhold award of the subcontract pending the determination by BIA, unless the prime contractor determines, and the contracting officer agrees, that award must be made in order to permit timely performance of the prime contract.
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(iv) Be filed with and received by the contracting officer prior to award of the subcontract in question. (iii) Provide detailed evidence supporting the claim and (ii) Identify the basis for the challenge (1) To be considered timely, a challenge shall.
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(d) The contracting officer will notify the prime contractor upon receipt of a challenge. Within 45 additional working days, BIA will advise the contracting officer, in writing, of its determination. (c) The BIA will acknowledge receipt of the request from the contracting officer within 5 working days.
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The BIA will determine the eligibility and notify the contracting officer. Department of the Interior Bureau of Indian Affairs (BIA) (b) In the event of a challenge to the representation of a subcontractor, the contracting officer shall refer the matter to the. (a) Contracting officers and prime contractors, acting in good faith, may rely on the representation of an Indian organization or Indian-owned economic enterprise as to its eligibility, unless an interested party challenges its status or the contracting officer has independent reason to question that status.
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Interested party means a prime contractor or an actual or prospective offeror whose direct economic interest would be affected by the award of a subcontract or by the failure to award a subcontract. Indian tribe means any Indian tribe, band, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, that is recognized by the Federal Government as eligible for services from BIA in accordance with 25 U.S.C.1452(c). Indian-owned economic enterprise means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership constitutes not less than 51 percent of the enterprise. Indian organization means the governing body of any Indian tribe or entity established or recognized by the governing body of an Indian tribe for the purposes of 25 U.S.C., Chapter 17. Indian means any person who is a member of any Indian tribe, band, group, pueblo, or community that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C.1452(c) and any "Native" as defined in the Alaska Native Claims Settlement Act ( 43 U.S.C.1601).