Title 25, Part 900 — Contracts Under the Indian Self-determination and Education Assistance Act

Authority.

Purpose and scope.

Policy statements.

Effect on existing tribal rights.

Effect of these regulations on Federal program guidelines, manual, or policy directives.

Definitions.

What technical assistance is available to assist in preparing an initial contract proposal?

What must an initial contract proposal contain?

May the Secretary require an Indian tribe or tribal organization to submit any other information beyond that identified in § 900.8?

How does an Indian tribe or tribal organization secure a list of all Federal property currently in use in carrying out the programs, functions, services, or activities that benefit the Indian tribe or tribal organization to assist in negotiating a contract?

What should an Indian tribe or tribal organization that is proposing a contract do about specifying the Federal property that the Indian tribe or tribal organization may wish to use in carrying out the contract?

Are the proposal contents requirements the same for renewal of a contract that is expiring and for securing an annual funding agreement after the first year of the funding agreement?

Does the contract proposal become part of the final contract?

What does this subpart cover?

What shall the Secretary do upon receiving a proposal?

How long does the Secretary have to review and approve the proposal and award the contract, or decline a proposal?

Can the statutory 90-day period be extended?

What happens if a proposal is not declined within 90 days after it is received by the Secretary?

What happens when a proposal is approved?

What does this subpart cover?

When can a proposal be declined?

For what reasons can the Secretary decline a proposal?

Can the Secretary decline a proposal where the Secretary's objection can be overcome through the contract?

Can a contract proposal for an Indian tribe or tribal organization's share of administrative programs, functions, services, and activities be declined for any reason other than the five reasons specified in § 900.22?

What if only a portion of a proposal raises one of the five declination criteria?

What happens if the Secretary declines a part of a proposal on the ground that the proposal proposes in part to plan, conduct, or administer a program, function, service or activity that is beyond the scope of programs covered under section 102(a) of the Act, or proposes a level of funding that is in excess of the applicable level determined under section 106(a) of the Act?

If an Indian tribe or tribal organization elects to contract for a severable portion of a proposal, does the Indian tribe or tribal organization lose its appeal rights to challenge the portion of the proposal that was declined?

Is technical assistance available to an Indian tribe or tribal organization to avoid declination of a proposal?

What is the Secretary required to do if the Secretary decides to decline all or a portion of a proposal?

When the Secretary declines all or a portion of a proposal, is the Secretary required to provide an Indian tribe or tribal organization with technical assistance?

When the Secretary declines all or a portion of a proposal, is an Indian tribe or tribal organization entitled to any appeal?

Can the Secretary decline an Indian tribe or tribal organization's proposed successor annual funding agreement?

Are all proposals to renew term contracts subject to the declination criteria?

What is the purpose of this subpart?

What requirements are imposed upon Indian tribes or tribal organizations by this subpart?

What provisions of Office of Management and Budget (OMB) circulars or the “common rule” apply to self-determination contracts?

Do these standards apply to the subcontractors of an Indian tribe or tribal organization carrying out a self-determination contract?

What is the difference between a standard and a system?

When are Indian tribe or tribal organization management standards and management systems evaluated?

How long must an Indian tribe or tribal organization keep management system records?

What are the general financial management system standards that apply to an Indian tribe carrying out a self-determination contract?

What are the general financial management system standards that apply to a tribal organization carrying out a self-determination contract?

What minimum general standards apply to all Indian tribe or tribal organization financial management systems when carrying out a self-determination contract?

What specific minimum requirements shall an Indian tribe or tribal organization's financial management system contain to meet these standards?

What requirements are imposed upon the Secretary for financial management by these standards?

When procuring property or services with self-determination contract funds, can an Indian tribe or tribal organization follow the same procurement policies and procedures applicable to other Indian tribe or tribal organization funds?

If the Indian tribe or tribal organization does not propose different standards, what basic standards shall the Indian tribe or tribal organization follow?

What procurement standards apply to subcontracts?

What Federal laws, regulations, and Executive Orders apply to subcontractors?

What is an Indian tribe or tribal organization's property management system expected to do?

What type of property is the property management system required to track?

What kind of records shall the property management system maintain?

Should the property management system prescribe internal controls?

What are the standards for inventories?

What maintenance is required for property?

What if the Indian tribe or tribal organization chooses not to take title to property furnished or acquired under the contract?

Do the same accountability and control procedures described above apply to Federal property?

How are the inventory requirements for Federal property different than for tribal property?

How does an Indian tribe or tribal organization dispose of Federal personal property?

What programmatic reports and data shall the Indian tribe or tribal organization provide?

What happens if the Indian tribe or tribal organization and the Secretary cannot come to an agreement concerning the type and/or frequency of program narrative and/or program data report(s)?

Will there be a uniform data set for all IHS programs?

Will this uniform data set be required of all Indian tribe or tribal organizations contracting with the IHS under the Act?

What is the purpose of this subpart?

What elements are included in the compensation for a lease entered into between the Secretary and an Indian tribe or tribal organization for a building owned or leased by the Indian tribe or tribal organization that is used for administration or delivery of services under the Act?

What type of reserve fund is anticipated for funds deposited into a reserve for replacement of facilities as specified in § 900.70(c)?

Who is the guardian of the fund and may the funds be invested?

Is a lease with the Secretary the only method available to recover the types of cost described in § 900.70?

How may an Indian tribe or tribal organization propose a lease to be compensated for the use of facilities?

What is the purpose of this subpart?

How will the Secretary exercise discretion to acquire and donate BIA or IHS excess property and excess and surplus Federal property to an Indian tribe or tribal organization?

How does an Indian tribe or tribal organization obtain title to property furnished by the Federal government for use in the performance of a contract or grant agreement pursuant to section 105(f)(2)(A) of the Act?

What should the Indian tribe or tribal organization do if it wants to obtain title to government-furnished real property that includes land not already held in trust?

When may the Secretary elect to reacquire government-furnished property whose title has been transferred to an Indian tribe or tribal organization?

Does government-furnished real property to which an Indian tribe or tribal organization has taken title continue to be eligible for facilities operation and maintenance funding from the Secretary?

Who takes title to property purchased with funds under a self-determination contract or grant agreement pursuant to section 105(f)(2)(A) of the Act?

What should the Indian tribe or tribal organization do if it wants contractor-purchased real property to be taken into trust?

When may the Secretary elect to acquire title to contractor-purchased property?

Is contractor-purchased real property to which an Indian tribe or tribal organization holds title eligible for facilities operation and maintenance funding from the Secretary?

What is BIA or IHS excess property?

How can Indian tribes or tribal organizations learn about BIA and IHS excess property?

How can an Indian tribe or tribal organization acquire excess BIA or IHS property?

Who takes title to excess BIA or IHS property donated to an Indian tribe or tribal organization?

Who takes title to any land that is part of excess BIA or IHS real property donated to an Indian tribe or tribal organization?

May the Secretary elect to reacquire excess BIA or IHS property whose title has been transferred to an Indian tribe or tribal organization?

Is excess BIA or IHS real property to which an Indian tribe or tribal organization has taken title eligible for facilities operation and maintenance funding from the Secretary?

What is excess or surplus government property of other agencies?

How can Indian tribes or tribal organizations learn about property that has been designated as excess or surplus government property?

How may an Indian tribe or tribal organization receive excess or surplus government property of other agencies?

Who takes title to excess or surplus Federal property donated to an Indian tribe or tribal organization?

If a contract or grant agreement or portion thereof is retroceded, reassumed, terminated, or expires, may the Secretary reacquire title to excess or surplus Federal property of other agencies that was donated to an Indian tribe or tribal organization?

What property to which an Indian tribe or tribal organization obtains title under this subpart is eligible for replacement funding?

What does this subpart cover?

What activities of construction programs are contractible?

What are construction phases?

Definitions.

Why is there a separate subpart in these regulations for construction contracts and grants?

How do self-determination construction contracts relate to ordinary Federal procurement contracts?

Are negotiated fixed-price contracts treated the same as cost-reimbursable contracts?

Do these “construction contract” regulations apply to planning services?

Do these “construction contract” regulations apply to construction management services?

To what extent shall the Secretary consult with affected Indian tribes before spending funds for any construction project?

How does an Indian tribe or tribal organization find out about a construction project?

What happens during the preplanning phase and can an Indian tribe or tribal organization perform any of the activities involved in this process?

What does an Indian tribe or tribal organization do if it wants to secure a construction contract?

What happens if the Indian tribe or tribal organization and the Secretary cannot develop a mutually agreeable contract proposal?

May the Indian tribe or tribal organization elect to use a grant in lieu of a contract?

What shall a construction contract proposal contain?

Shall a construction contract proposal incorporate provisions of Federal construction guidelines and manuals?

What can be included in the Indian tribe or tribal organization's contract budget?

What funding shall the Secretary provide in a construction contract?

How do the Secretary and Indian tribe or tribal organization arrive at an overall fair and reasonable price for the performance of a construction contract?

What role does the Indian tribe or tribal organization play during the performance of a self-determination construction contract?

What role does the Secretary play during the performance of a self-determination construction contract?

Once a contract and/or grant is awarded, how will the Indian tribe or tribal organization receive payments?

Does the declination process or the Contract Dispute Act apply to construction contract amendments proposed either by an Indian tribe or tribal organization or the Secretary?

At the end of a self-determination construction contract, what happens to savings on a cost-reimbursement contract?

May the time frames for action set out in this subpart be reduced?

Do tribal employment rights ordinances apply to construction contracts and subcontracts?

Do all provisions of the other subparts apply to contracts awarded under this subpart?

Can any provision of the regulations under this part be waived?

How does an Indian tribe or tribal organization get a waiver?

Does an Indian tribe or tribal organization's waiver request have to be included in an initial contract proposal?

How is a waiver request processed?

What happens if the Secretary makes no decision within the 90-day period?

On what basis may the Secretary deny a waiver request?

Is technical assistance available for waiver requests?

What appeal rights are available?

How can an Indian tribe or tribal organization secure a determination that a law or regulation has been superseded by the Indian Self-Determination Act, as specified in section 107(b) of the Act?

What decisions can an Indian tribe or tribal organization appeal under this subpart?

Are there any appeals this subpart does not cover?

How does an Indian tribe or tribal organization know where and when to file its appeal from decisions made by agencies of DOI or DHHS?

Does an Indian tribe or tribal organization have any options besides an appeal?

How does an Indian tribe or tribal organization request an informal conference?

How is an informal conference held?

What happens after the informal conference?

Is the recommended decision always final?

How does an Indian tribe or tribal organization appeal the initial decision, if it does not request an informal conference or if it does not agree with the recommended decision resulting from the informal conference?

May an Indian tribe or tribal organization get an extension of time to file a notice of appeal?

What happens after an Indian tribe or tribal organization files an appeal?

How is a hearing arranged?

What happens when a hearing is necessary?

What is the Secretary's burden of proof for appeals from decisions under § 900.150(a) through § 900.150(g)?

What rights do Indian tribes, tribal organizations, and the government have during the appeal process?

What happens after the hearing?

Is the recommended decision always final?

If an Indian tribe or tribal organization objects to the recommended decision, what will the Secretary of Health and Human Services or the IBIA do?

Will an appeal hurt the Indian tribe or tribal organization's position in other contract negotiations?

Will the decisions on appeals be available for the public to review?

What happens in the case of emergency reassumption or suspension or withholding or delay of payments?

Will there be a hearing?

What happens after the hearing?

Is the recommended decision always final?

If an Indian tribe or tribal organization objects to the recommended decision, what will the Secretary of Health and Human Services or the IBIA do?

Will an appeal hurt an Indian tribe or tribal organization's position in other contract negotiations?

Will the decisions on appeals be available for the public to review?

Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart?

What does this subpart cover?

What definitions apply to this subpart?

What other statutes and regulations apply to FTCA coverage?

Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover?

Is there a deadline for filing FTCA claims?

How long does the Federal government have to process an FTCA claim after the claim is received by the Federal agency, before a lawsuit may be filed?

Is it necessary for a self-determination contract to include any clauses about Federal Tort Claims Act coverage?

Does FTCA apply to a self-determination contract if FTCA is not referenced in the contract?

To what extent shall the contractor cooperate with the Federal government in connection with tort claims arising out of the contractor's performance?

Does this coverage extend to subcontractors of self-determination contracts?

Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the performance of a self-determination contract?

Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA?

What employees are covered by FTCA for medical-related claims?

Does FTCA coverage extend to individuals who provide health care services under a personal services contract providing services in a facility that is owned, operated, or constructed under the jurisdiction of the IHS?

Does FTCA coverage extend to services provided under a staff privileges agreement with a non-IHS facility where the agreement requires a health care practitioner to provide reciprocal services to the general population?

Does FTCA coverage extend to the contractor's health care practitioners providing services to private patients on a fee-for-services basis when such personnel (not the self-determination contractor) receive the fee?

Do covered services include the conduct of clinical studies and investigations and the provision of emergency services, including the operation of emergency motor vehicles?

Does FTCA cover employees of the contractor who are paid by the contractor from funds other than those provided through the self-determination contract?

Are Federal employees assigned to a self-determination contractor under the Intergovernmental Personnel Act or detailed under section 214 of the Public Health Service Act covered to the same extent that they would be if working directly for a Federal agency?

Does FTCA coverage extend to health care practitioners to whom staff privileges have been extended in contractor health care facilities operated under a self-determination contract on the condition that such practitioner provide health services to IHS beneficiaries covered by FTCA?

May persons who are not Indians or Alaska Natives assert claims under FTCA?

How should claims arising out of the performance of medical-related functions be filed?

What should a self-determination contractor or a contractor's employee do on receiving such a claim?

If the contractor or contractor's employee receives a summons and/or a complaint alleging a tort covered by FTCA, what should the contractor do?

Is FTCA the exclusive remedy for a non-medical related tort claim arising out of the performance of a self-determination contract?

To what non-medical-related claims against self-determination contractors does FTCA apply?

What employees are covered by FTCA for non-medical-related claims?

How are non-medical related tort claims and lawsuits filed for IHS?

How are non-medical related tort claims and lawsuits filed for DOI?

What should a self-determination contractor or contractor's employee do on receiving a non-medical related tort claim?

If the contractor or contractor's employee receives a summons and/or complaint alleging a non-medical related tort covered by FTCA, what should an Indian tribe or tribal organization do?

What does this subpart cover?

What other statutes and regulations apply to contract disputes?

Is filing a claim under the CDA our only option for resolving post-award contract disputes?

What is a claim under the CDA?

How does an Indian tribe, tribal organization, or Federal agency submit a claim?

Does it make a difference whether the claim is large or small?

What happens next?

What goes into a decision?

When does an Indian tribe or tribal organization get the decision?

What happens if the decision does not come within that time?

Does an Indian tribe or tribal organization get paid immediately if the awarding official decides in its favor?

What rules govern appeals of cost disallowances?

Can the awarding official change the decision after it has been made?

Is an Indian tribe or tribal organization entitled to interest if it wins its claim?

What role will the awarding official play during an appeal?

What is the effect of a pending appeal?

What is an organizational conflict of interest?

What must an Indian tribe or tribal organization do if an organizational conflict of interest arises under a contract?

When must an Indian tribe or tribal organization regulate its employees or subcontractors to avoid a personal conflict of interest?

What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to be regulated by an Indian tribe?

What personal conflicts of interest must the standards of conduct regulate?

May an Indian tribe elect to negotiate contract provisions on conflict of interest to take the place of this regulation?

What does retrocession mean?

Who may retrocede a contract, in whole or in part?

What is the effective date of retrocession?

What effect will an Indian tribe or tribal organization's retrocession have on its rights to contract?

Will an Indian tribe or tribal organization's retrocession adversely affect funding available for the retroceded program?

What obligation does the Indian tribe or tribal organization have with respect to returning property that was used in the operation of the retroceded program?

What does reassumption mean?

Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption?

In a non-emergency reassumption, what is the Secretary required to do?

What happens if the contractor fails to take corrective action to remedy the contract deficiencies identified in the notice?

What shall the second written notice include?

What is the earliest date on which the contract will be rescinded in a non-emergency reassumption?

In an emergency reassumption, what is the Secretary required to do?

What shall the written notice include?

May the contractor be reimbursed for actual and reasonable “wind up costs” incurred after the effective date of rescission?

What obligation does the Indian tribe or tribal organization have with respect to returning property that was used in the operation of the rescinded contract?

Will a reassumption adversely affect funding available for the reassumed program?