regulation site supporting collection

§ 900.8

25 CFR Ch. V (4–1–06 Edition)

contractible under the Act. The Secretary may also make a grant to an Indian tribe or tribal organization for the
purpose of obtaining technical assistance, as provided in section 103 of the
Act. An Indian tribe or tribal organization may also request reimbursement
for pre-award costs for obtaining technical assistance under sections 106(a)
(2) and (5) of the Act.
§ 900.8 What must an initial contract
proposal contain?
An initial contract proposal must
contain the following information:
(a) The full name, address and telephone number of the Indian tribe or
tribal organization proposing the contract.
(b) If the tribal organization is not an
Indian tribe, the proposal must also include:
(1) A copy of the tribal organization’s
organizational documents (e.g., charter, articles of incorporation, bylaws,
etc.).
(2) The full name(s) of the Indian
tribe(s) with which the tribal organization is affiliated.
(c) The full name(s) of the Indian
tribe(s) proposed to be served.
(d) A copy of the authorizing resolution from the Indian tribe(s) to be
served.
(1) If an Indian tribe or tribal organization proposes to serve a specified geographic area, it must provide authorizing resolution(s) from all Indian
tribes located within the specific area
it proposes to serve. However, no resolution is required from an Indian tribe
located outside the area proposed to be
served whose members reside within
the proposed service area.
(2) If a currently effective authorizing resolution covering the scope of
an initial contract proposal has already been provided to the agency receiving the proposal, a reference to
that resolution.
(e) The name, title, and signature of
the authorized representative of the Indian tribe or tribal organization submitting the contract proposal.
(f) The date of submission of the proposal.
(g) A brief statement of the programs, functions, services, or activities

that the tribal organization proposes
to perform, including:
(1) A description of the geographical
service area, if applicable, to be served.
(2) The estimated number of Indian
people who will receive the benefits or
services under the proposed contract.
(3) An identification of any local,
Area, regional, or national level departmental programs, functions, services, or activities to be contracted, including administrative functions.
(4) A description of the proposed program standards;
(5) An identification of the program
reports, data and financial reports that
the Indian tribe or tribal organization
will provide, including their frequency.
(6) A description of any proposed redesign of the programs, services, functions, or activities to be contracted,
(7) Minimum staff qualifications proposed by the Indian tribe and tribal organization, if any; and
(8) A statement that the Indian tribe
or tribal organization will meet the
minimum procurement, property and
financial management standards set
forth in subpart F, subject to any waiver that may have been granted under
subpart K.
(h) The amount of funds requested,
including:
(1) An identification of the funds requested by programs, functions, services, or activities, under section
106(a)(1) of the Act, including the Indian tribe or tribal organization’s
share of funds related to such programs, functions, services, or activities, if any, from any Departmental
local, area, regional, or national level.
(2) An identification of the amount of
direct contract support costs, including
one-time start-up or preaward costs
under section 106(a)(2) and related provisions of the Act, presented by major
categories such as:
(i) Personnel (differentiating between
salary and fringe benefits);
(ii) Equipment;
(iii) Materials and supplies;
(iv) Travel;
(v) Subcontracts; and
(vi) Other appropriate items of cost.
(3) An identification of funds the Indian tribe or tribal organization requests to recover for indirect contract

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Bureau of Indian Affairs, Interior, IHS, HHS
support costs. This funding request
must include either:
(i) A copy of the most recent negotiated indirect cost rate agreement; or
(ii) An estimated amount requested
for indirect costs, pending timely establishment of a rate or negotiation of
administrative overhead costs.
(4) To the extent not stated elsewhere in the budget or previously reported to the Secretary, any preaward
costs, including the amount and time
period covered or to be covered; and
(5) At the option of the Indian tribe
or tribal organization, an identification of programs, functions, services,
or activities specified in the contract
proposal which will be funded from
sources other than the Secretary.
(i) The proposed starting date and
term of the contract.
(j) In the case of a cooperative agreement, the nature and degree of Federal
programmatic involvement anticipated
during the term of the agreement.
(k) The extent of any planned use of
Federal personnel and Federal resources.
(l) Any proposed waiver(s) of the regulations in this part; and
(m) A statement that the Indian
tribe or tribal organization will implement procedures appropriate to the
programs, functions, services or activities proposed to be contracted, assuring the confidentiality of medical
records and of information relating to
the financial affairs of individual Indians obtained under the proposal contract, or as otherwise required by law.
§ 900.9 May the Secretary require an
Indian tribe or tribal organization
to submit any other information beyond that identified in § 900.8?
No.
§ 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?
The Indian tribe or tribal organization submits a written request to the
Secretary. The Secretary shall provide
the requested information, including

§ 900.13
the condition of the property, within 60
days.
§ 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?
The Indian tribe or tribal organization is encouraged to provide the Secretary, as early as possible, with:
(a) A list of the following Federal
property intended for use under the
contract:
(1) Equipment;
(2) Furnishings;
(3) Facilities; and
(4) Other real and personal property.
(b) A statement of how the Indian
tribe or tribal organization will obtain
each item by transfer of title under
section 105(f)(2) of the Act and section
1(b)(8) of the model agreement set forth
in section 108(c) of the Act, through a
temporary use permit, similar arrangement, or otherwise; and
(c) Where equipment is to be shared
by contracted and non-contracted programs, services, functions, or activities, a proposal outlining proposed
equipment sharing or other arrangements.
§ 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?
No. In these situations, an Indian
tribe or tribal organization should submit a renewal proposal (or notification
of intent not to renew) or an annual
funding agreement proposal at least 90
days before the expiration date of the
contract or existing annual funding
agreement. The proposal shall provide
funding information in the same detail
and format as the original proposal and
may also identify any significant proposed changes.
§ 900.13 Does the contract proposal become part of the final contract?
No, unless the parties agree.

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