Single Source Procurement: American Indian Health Program

Pursuant to New York State Finance Law § 163.10(b), The New York State Department of Health is presenting the following summary of relevant circumstances, and material and substantial reasons why a competitive procurement was not feasible.

The American Indian Health Program (AIHP) requests approval to award single source contracts for three AIHP primary care providers. Current contracts with these providers end June 30, 2015. This request is for a new five year term July 1, 2015 – June 30, 2020, with annual renewals. The total five year cost is $8,298,155 ($1,659,631 per year). The proposed contracts will be with the providers selected by the individual nations' Tribal Councils. The tribal governments of these nations are the sole legitimate representative of these sovereign nations, as recognized under treaties with the United States and the State of New York, and maintain the right to approve the selection of the contractor to provide health at their nation clinics located on tribal lands.

Pursuant to Public Health Law §201(l)(s), the Department of Health is required to "administer to the medical and health needs of the ambulant sick and needy Indians on reservations." The American Indian Health Program is charged with providing access to primary medical care, dental care, pharmacy and preventive health services for approximately 25,000 Native Americans living within reservation communities. The program provides services to enrolled members of nine recognized American Indian nations in New York State.

The unique nature of the relationships between the Department of Health contractors and the Indian Nations and the fact that the tribal governments of these nations are the sole legitimate representatives of these sovereign nations as recognized under treaties with the United States and the State of New York, the Tribal Councils have the right to approve the selection of the contractor to provide health care oversight of their nation clinics. If the contracts are not awarded to the providers chosen by the nation, the tribal members would not access the nation health clinics for primary care. This would also result in a violation of Public Health Law which mandates these health care services and a violation of the treaty in which this obligation was established.

Procurement / Program Name	American Indian Health Program
Contractor Name(s)	Multiple – Please see attached.
Contract Period	7/1/2015 – 6/30/2020
Contract Number(s)	Multiple – Please see attached.