Other legislation and procurement requirements apply to the TTP as shown in the following table:

Open Table
Legislation, regulation or other requirement Applies to Tribes under self-
determination
contracts
Applies to Tribes under self-
governance
agreements
Applies to Tribes under BIA or FHWA program agreements Applies to
activities
performed by the Secretary
Buy Indian Act No No No Yes.
Buy American Act No No No Yes.
Federal Acquisition Regulation (FAR) No(a) No No Yes.
Federal Tort Claims Act Yes Yes Yes Yes.
Davis-Bacon Act Yes(b) Yes(b) Yes(b) Yes.

(a) Unless agreed to by the Tribe or Tribal organization under ISDEAA, 25 U.S.C. 450j(a), and 25 CFR 900.115.

(b) Does not apply when Tribe performs work with its own employees.


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