---
kind: "section"
citation: "25 U.S.C. § 5390"
title: "25"
title_heading: "Indians"
number: "5390"
heading: "Federal procurement laws and regulations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5390"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter V — Tribal Self-Governance—indian Health Service"
---

# §5390. Federal procurement laws and regulations


Regarding [construction programs](/usc/25/5304.md?p=a) or projects, the [Secretary](/usc/25/5381.md?p=a-6) and [Indian tribes](/usc/25/5381.md?p=b) may negotiate for the inclusion of specific provisions of division B (except sections [1123](/usc/25/1123.md), [2303](/usc/25/2303.md), [2304](/usc/25/2304.md), and 2313) of subtitle I of [title 41](/usc/41.md) and Federal acquisition regulations in any funding agreement entered into under this subchapter. Absent a negotiated agreement, such provisions and regulatory requirements shall not apply.


## Source credit

(Pub. L. 93–638, title V, § 510, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 726.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 458aaa–9 of this title prior to editorial reclassification and renumbering as this section.

In text, “division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41” substituted for “the Office of Federal Procurement and Policy Act (41 U.S.C. 401 et seq.)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.