Authority to Negotiate a Contract without Competition with an Indian Concern under the Buy Indian Act

Two Indian-owned and controlled businesses in a joint venture, protested the Bureau of Indian Affairs' decision to procure by open competition construction of the Standing Rock Boarding School. No abuse of agency discretion to negotiate a contract without competition under the Buy Indian Act was found, and the agency's internal memorandum allegedly requiring sole-source negotiation does not make actions taken in violation of the memorandum illegal.