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Electronic Code of Federal Regulations

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e-CFR Data is current as of December 16, 2014

Title 25Chapter VPart 900


TITLE 25—Indians

CHAPTER V—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

PART 900—CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT

rule

Subpart A—GENERAL PROVISIONS

§900.1
Authority.
§900.2
Purpose and scope.
§900.3
Policy statements.
§900.4
Effect on existing tribal rights.
§900.5
Effect of these regulations on Federal program guidelines, manual, or policy directives.
rule

Subpart B—DEFINITIONS

§900.6
Definitions.
rule

Subpart C—CONTRACT PROPOSAL CONTENTS

§900.7
What technical assistance is available to assist in preparing an initial contract proposal?
§900.8
What must an initial contract proposal contain?
§900.9
May the Secretary require an Indian tribe or tribal organization to submit any other information beyond that identified in §900.8?
§900.10
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?
§900.11
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?
§900.12
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?
§900.13
Does the contract proposal become part of the final contract?
rule

Subpart D—REVIEW AND APPROVAL OF CONTRACT PROPOSALS

§900.14
What does this subpart cover?
§900.15
What shall the Secretary do upon receiving a proposal?
§900.16
How long does the Secretary have to review and approve the proposal and award the contract, or decline a proposal?
§900.17
Can the statutory 90-day period be extended?
§900.18
What happens if a proposal is not declined within 90 days after it is received by the Secretary?
§900.19
What happens when a proposal is approved?
rule

Subpart E—DECLINATION PROCEDURES

§900.20
What does this subpart cover?
§900.21
When can a proposal be declined?
§900.22
For what reasons can the Secretary decline a proposal?
§900.23
Can the Secretary decline a proposal where the Secretary's objection can be overcome through the contract?
§900.24
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?
§900.25
What if only a portion of a proposal raises one of the five declination criteria?
§900.26
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?
§900.27
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?
§900.28
Is technical assistance available to an Indian tribe or tribal organization to avoid declination of a proposal?
§900.29
What is the Secretary required to do if the Secretary decides to decline all or a portion of a proposal?
§900.30
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?
§900.31
When the Secretary declines all or a portion of a proposal, is an Indian tribe or tribal organization entitled to any appeal?
§900.32
Can the Secretary decline an Indian tribe or tribal organization's proposed successor annual funding agreement?
§900.33
Are all proposals to renew term contracts subject to the declination criteria?
rule

Subpart F—STANDARDS FOR TRIBAL OR TRIBAL ORGANIZATION MANAGEMENT SYSTEMS

General

§900.35
What is the purpose of this subpart?
§900.36
What requirements are imposed upon Indian tribes or tribal organizations by this subpart?
§900.37
What provisions of Office of Management and Budget (OMB) circulars or the “common rule” apply to self-determination contracts?
§900.38
Do these standards apply to the subcontractors of an Indian tribe or tribal organization carrying out a self-determination contract?
§900.39
What is the difference between a standard and a system?
§900.40
When are Indian tribe or tribal organization management standards and management systems evaluated?
§900.41
How long must an Indian tribe or tribal organization keep management system records?

Standards for Financial Management Systems

§900.42
What are the general financial management system standards that apply to an Indian tribe carrying out a self-determination contract?
§900.43
What are the general financial management system standards that apply to a tribal organization carrying out a self-determination contract?
§900.44
What minimum general standards apply to all Indian tribe or tribal organization financial management systems when carrying out a self-determination contract?
§900.45
What specific minimum requirements shall an Indian tribe or tribal organization's financial management system contain to meet these standards?
§900.46
What requirements are imposed upon the Secretary for financial management by these standards?

Procurement Management System Standards

§900.47
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?
§900.48
If the Indian tribe or tribal organization does not propose different standards, what basic standards shall the Indian tribe or tribal organization follow?
§900.49
What procurement standards apply to subcontracts?
§900.50
What Federal laws, regulations, and Executive Orders apply to subcontractors?

Property Management System Standards

§900.51
What is an Indian tribe or tribal organization's property management system expected to do?
§900.52
What type of property is the property management system required to track?
§900.53
What kind of records shall the property management system maintain?
§900.54
Should the property management system prescribe internal controls?
§900.55
What are the standards for inventories?
§900.56
What maintenance is required for property?
§900.57
What if the Indian tribe or tribal organization chooses not to take title to property furnished or acquired under the contract?
§900.58
Do the same accountability and control procedures described above apply to Federal property?
§900.59
How are the inventory requirements for Federal property different than for tribal property?
§900.60
How does an Indian tribe or tribal organization dispose of Federal personal property?
rule

Subpart G—PROGRAMMATIC REPORTS AND DATA REQUIREMENTS

§900.65
What programmatic reports and data shall the Indian tribe or tribal organization provide?
§900.66
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)?
§900.67
Will there be a uniform data set for all IHS programs?
§900.68
Will this uniform data set be required of all Indian tribe or tribal organizations contracting with the IHS under the Act?
rule

Subpart H—LEASE OF TRIBALLY-OWNED BUILDINGS BY THE SECRETARY

§900.69
What is the purpose of this subpart?
§900.70
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?
§900.71
What type of reserve fund is anticipated for funds deposited into a reserve for replacement of facilities as specified in §900.70(c)?
§900.72
Who is the guardian of the fund and may the funds be invested?
§900.73
Is a lease with the Secretary the only method available to recover the types of cost described in §900.70?
§900.74
How may an Indian tribe or tribal organization propose a lease to be compensated for the use of facilities?
rule

Subpart I—PROPERTY DONATION PROCEDURES

General

§900.85
What is the purpose of this subpart?
§900.86
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?

Government-Furnished Property

§900.87
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?
§900.88
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?
§900.89
When may the Secretary elect to reacquire government-furnished property whose title has been transferred to an Indian tribe or tribal organization?
§900.90
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?

Contractor-Purchased Property

§900.91
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?
§900.92
What should the Indian tribe or tribal organization do if it wants contractor-purchased real property to be taken into trust?
§900.93
When may the Secretary elect to acquire title to contractor-purchased property?
§900.94
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?

BIA and IHS Excess Property

§900.95
What is BIA or IHS excess property?
§900.96
How can Indian tribes or tribal organizations learn about BIA and IHS excess property?
§900.97
How can an Indian tribe or tribal organization acquire excess BIA or IHS property?
§900.98
Who takes title to excess BIA or IHS property donated to an Indian tribe or tribal organization?
§900.99
Who takes title to any land that is part of excess BIA or IHS real property donated to an Indian tribe or tribal organization?
§900.100
May the Secretary elect to reacquire excess BIA or IHS property whose title has been transferred to an Indian tribe or tribal organization?
§900.101
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?

Excess or Surplus Government Property of Other Agencies

§900.102
What is excess or surplus government property of other agencies?
§900.103
How can Indian tribes or tribal organizations learn about property that has been designated as excess or surplus government property?
§900.104
How may an Indian tribe or tribal organization receive excess or surplus government property of other agencies?
§900.105
Who takes title to excess or surplus Federal property donated to an Indian tribe or tribal organization?
§900.106
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?

Property Eligible for Replacement Funding

§900.107
What property to which an Indian tribe or tribal organization obtains title under this subpart is eligible for replacement funding?
rule

Subpart J—CONSTRUCTION

§900.110
What does this subpart cover?
§900.111
What activities of construction programs are contractible?
§900.112
What are construction phases?
§900.113
Definitions.
§900.114
Why is there a separate subpart in these regulations for construction contracts and grants?
§900.115
How do self-determination construction contracts relate to ordinary Federal procurement contracts?
§900.116
Are negotiated fixed-price contracts treated the same as cost-reimbursable contracts?
§900.117
Do these “construction contract” regulations apply to planning services?
§900.118
Do these “construction contract” regulations apply to construction management services?
§900.119
To what extent shall the Secretary consult with affected Indian tribes before spending funds for any construction project?
§900.120
How does an Indian tribe or tribal organization find out about a construction project?
§900.121
What happens during the preplanning phase and can an Indian tribe or tribal organization perform any of the activities involved in this process?
§900.122
What does an Indian tribe or tribal organization do if it wants to secure a construction contract?
§900.123
What happens if the Indian tribe or tribal organization and the Secretary cannot develop a mutually agreeable contract proposal?
§900.124
May the Indian tribe or tribal organization elect to use a grant in lieu of a contract?
§900.125
What shall a construction contract proposal contain?
§900.126
Shall a construction contract proposal incorporate provisions of Federal construction guidelines and manuals?
§900.127
What can be included in the Indian tribe or tribal organization's contract budget?
§900.128
What funding shall the Secretary provide in a construction contract?
§900.129
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?
§900.130
What role does the Indian tribe or tribal organization play during the performance of a self-determination construction contract?
§900.131
What role does the Secretary play during the performance of a self-determination construction contract?
§900.132
Once a contract and/or grant is awarded, how will the Indian tribe or tribal organization receive payments?
§900.133
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?
§900.134
At the end of a self-determination construction contract, what happens to savings on a cost-reimbursement contract?
§900.135
May the time frames for action set out in this subpart be reduced?
§900.136
Do tribal employment rights ordinances apply to construction contracts and subcontracts?
§900.137
Do all provisions of the other subparts apply to contracts awarded under this subpart?
rule

Subpart K—WAIVER PROCEDURES

§900.140
Can any provision of the regulations under this part be waived?
§900.141
How does an Indian tribe or tribal organization get a waiver?
§900.142
Does an Indian tribe or tribal organization's waiver request have to be included in an initial contract proposal?
§900.143
How is a waiver request processed?
§900.144
What happens if the Secretary makes no decision within the 90-day period?
§900.145
On what basis may the Secretary deny a waiver request?
§900.146
Is technical assistance available for waiver requests?
§900.147
What appeal rights are available?
§900.148
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?
rule

Subpart L—APPEALS

Appeals Other Than Emergency Reassumption and Suspension, Withholding or Delay in Payment

§900.150
What decisions can an Indian tribe or tribal organization appeal under this subpart?
§900.151
Are there any appeals this subpart does not cover?
§900.152
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?
§900.153
Does an Indian tribe or tribal organization have any options besides an appeal?
§900.154
How does an Indian tribe or tribal organization request an informal conference?
§900.155
How is an informal conference held?
§900.156
What happens after the informal conference?
§900.157
Is the recommended decision always final?
§900.158
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?
§900.159
May an Indian tribe or tribal organization get an extension of time to file a notice of appeal?
§900.160
What happens after an Indian tribe or tribal organization files an appeal?
§900.161
How is a hearing arranged?
§900.162
What happens when a hearing is necessary?
§900.163
What is the Secretary's burden of proof for appeals from decisions under §900.150(a) through §900.150(g)?
§900.164
What rights do Indian tribes, tribal organizations, and the government have during the appeal process?
§900.165
What happens after the hearing?
§900.166
Is the recommended decision always final?
§900.167
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?
§900.168
Will an appeal hurt the Indian tribe or tribal organization's position in other contract negotiations?
§900.169
Will the decisions on appeals be available for the public to review?

Appeals of Emergency Reassumption of Self-Determination Contracts or Suspensions, Withholding or Delay of Payments Under a Self-Determination Contract

§900.170
What happens in the case of emergency reassumption or suspension or withholding or delay of payments?
§900.171
Will there be a hearing?
§900.172
What happens after the hearing?
§900.173
Is the recommended decision always final?
§900.174
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?
§900.175
Will an appeal hurt an Indian tribe or tribal organization's position in other contract negotiations?
§900.176
Will the decisions on appeals be available for the public to review?

Applicability of the Equal Access to Justice Act

§900.177
Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart?
rule

Subpart M—FEDERAL TORT CLAIMS ACT COVERAGE GENERAL PROVISIONS

§900.180
What does this subpart cover?
§900.181
What definitions apply to this subpart?
§900.182
What other statutes and regulations apply to FTCA coverage?
§900.183
Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover?
§900.184
Is there a deadline for filing FTCA claims?
§900.185
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?
§900.186
Is it necessary for a self-determination contract to include any clauses about Federal Tort Claims Act coverage?
§900.187
Does FTCA apply to a self-determination contract if FTCA is not referenced in the contract?
§900.188
To what extent shall the contractor cooperate with the Federal government in connection with tort claims arising out of the contractor's performance?
§900.189
Does this coverage extend to subcontractors of self-determination contracts?

Medical-Related Claims

§900.190
Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the performance of a self-determination contract?
§900.191
Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA?
§900.192
What employees are covered by FTCA for medical-related claims?
§900.193
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?
§900.194
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?
§900.195
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?
§900.196
Do covered services include the conduct of clinical studies and investigations and the provision of emergency services, including the operation of emergency motor vehicles?
§900.197
Does FTCA cover employees of the contractor who are paid by the contractor from funds other than those provided through the self-determination contract?
§900.198
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?
§900.199
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?
§900.200
May persons who are not Indians or Alaska Natives assert claims under FTCA?

Procedure for Filing Medical-Related Claims

§900.201
How should claims arising out of the performance of medical-related functions be filed?
§900.202
What should a self-determination contractor or a contractor's employee do on receiving such a claim?
§900.203
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?

Non-Medical Related Claims

§900.204
Is FTCA the exclusive remedy for a non-medical related tort claim arising out of the performance of a self-determination contract?
§900.205
To what non-medical-related claims against self-determination contractors does FTCA apply?
§900.206
What employees are covered by FTCA for non-medical-related claims?
§900.207
How are non-medical related tort claims and lawsuits filed for IHS?
§900.208
How are non-medical related tort claims and lawsuits filed for DOI?
§900.209
What should a self-determination contractor or contractor's employee do on receiving a non-medical related tort claim?
§900.210
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?
rule

Subpart N—POST-AWARD CONTRACT DISPUTES

§900.215
What does this subpart cover?
§900.216
What other statutes and regulations apply to contract disputes?
§900.217
Is filing a claim under the CDA our only option for resolving post-award contract disputes?
§900.218
What is a claim under the CDA?
§900.219
How does an Indian tribe, tribal organization, or Federal agency submit a claim?
§900.220
Does it make a difference whether the claim is large or small?
§900.221
What happens next?
§900.222
What goes into a decision?
§900.223
When does an Indian tribe or tribal organization get the decision?
§900.224
What happens if the decision does not come within that time?
§900.225
Does an Indian tribe or tribal organization get paid immediately if the awarding official decides in its favor?
§900.226
What rules govern appeals of cost disallowances?
§900.227
Can the awarding official change the decision after it has been made?
§900.228
Is an Indian tribe or tribal organization entitled to interest if it wins its claim?
§900.229
What role will the awarding official play during an appeal?
§900.230
What is the effect of a pending appeal?
rule

Subpart O—CONFLICTS OF INTEREST

§900.231
What is an organizational conflict of interest?
§900.232
What must an Indian tribe or tribal organization do if an organizational conflict of interest arises under a contract?
§900.233
When must an Indian tribe or tribal organization regulate its employees or subcontractors to avoid a personal conflict of interest?
§900.234
What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to be regulated by an Indian tribe?
§900.235
What personal conflicts of interest must the standards of conduct regulate?
§900.236
May an Indian tribe elect to negotiate contract provisions on conflict of interest to take the place of this regulation?
rule

Subpart P—RETROCESSION AND REASSUMPTION PROCEDURES

§900.240
What does retrocession mean?
§900.241
Who may retrocede a contract, in whole or in part?
§900.242
What is the effective date of retrocession?
§900.243
What effect will an Indian tribe or tribal organization's retrocession have on its rights to contract?
§900.244
Will an Indian tribe or tribal organization's retrocession adversely affect funding available for the retroceded program?
§900.245
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?
§900.246
What does reassumption mean?
§900.247
Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption?
§900.248
In a non-emergency reassumption, what is the Secretary required to do?
§900.249
What happens if the contractor fails to take corrective action to remedy the contract deficiencies identified in the notice?
§900.250
What shall the second written notice include?
§900.251
What is the earliest date on which the contract will be rescinded in a non-emergency reassumption?
§900.252
In an emergency reassumption, what is the Secretary required to do?
§900.253
What shall the written notice include?
§900.254
May the contractor be reimbursed for actual and reasonable “wind up costs” incurred after the effective date of rescission?
§900.255
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?
§900.256
Will a reassumption adversely affect funding available for the reassumed program?


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