[Protest of BIA Refusal To Set Aside Procurement Under the Buy Indian Act]

A firm protested the Bureau of Indian Affairs' (BIA) refusal to set aside the acquisition of historical research services concerning Indian lands under the Buy Indian Act, contending that this action violated the act and the BIA manual. GAO noted that the Secretary of the Interior has broad discretionary authority under the act to negotiate exclusively with Indian contractors. However, the law does not require that particular procurements be set aside for Indian-owned firms. GAO will review individual BIA decisions that do not limit procurements to Indian firms only where there is a prima facie showing that there has been an abuse of the discretion conferred by the act. GAO was advised that, in this particular procurement, the policy was waived as requested by the contracting officer. GAO stated that neither the act nor the manual requires a set-aside. Accordingly, the protest was dismissed.