supporting regulation

Bureau of Indian Affairs, Interior, IHS, HHS
§ 900.46 What requirements are imposed upon the Secretary for financial management by these standards?
The Secretary shall establish procedures, consistent with Treasury regulations as modified by the Act, for the
transfer of funds from the United
States to the Indian tribe or tribal organization in strict compliance with
the self-determination contract and
the annual funding agreement.
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?
Indian tribes and tribal organizations
shall have standards that conform to
the standards in this subpart. If the Indian tribe or tribal organization relies
upon standards different than those described below, it shall identify the
standards it will use as a proposed
waiver in the initial contract proposal
or as a waiver request to an existing
contract.
§ 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?
(a) The Indian tribe or tribal organization shall ensure that its vendors
and/or subcontractors perform in accordance with the terms, conditions,
and specifications of their contracts or
purchase orders.
(b) The Indian tribe or tribal organization shall maintain written standards of conduct governing the performance of its employees who award and
administer contracts.
(1) No employee, officer, elected official, or agent of the Indian tribe or
tribal organization shall participate in
the selection, award, or administration
of a procurement supported by Federal
funds if a conflict of interest, real or
apparent, would be involved.
(2) An employee, officer, elected official, or agent of an Indian tribe or tribal organization, or of a subcontractor

§ 900.48
of the Indian tribe or tribal organization, is not allowed to solicit or accept
gratuities, favors, or anything of monetary value from contractors, potential
contractors, or parties to sub-agreements, with the following exemptions.
The Indian tribe or tribal organization
may exempt a financial interest that is
not substantial or a gift that is an unsolicited item of nominal value.
(3) These standards shall also provide
for penalties, sanctions, or other disciplinary actions for violations of the
standards.
(c) The Indian tribe or tribal organization shall review proposed procurements to avoid buying unnecessary or
duplicative items and ensure the reasonableness of the price. The Indian
tribe or tribal organization should consider consolidating or breaking out
procurement to obtain more economical purchases. Where appropriate, the
Indian tribe or tribal organization
shall compare leasing and purchasing
alternatives to determine which is
more economical.
(d) The Indian tribe or tribal organization shall conduct all major procurement transactions by providing full
and open competition, to the extent
necessary to assure efficient expenditure of contract funds and to the extent feasible in the local area.
(1) Indian tribes or tribal organizations shall develop their own definition
for ‘‘major procurement transactions.’’
(2) As provided in sections 7 (b) and
(c) of the Act, Indian preference and
tribal preferences shall be applied in
any procurement award.
(e) The Indian tribe or tribal organization shall make procurement awards
only to responsible entities who have
the ability to perform successfully
under the terms and conditions of the
proposed procurement. In making this
judgment, the Indian tribe or tribal organization will consider such matters
as the contractor’s integrity, its compliance with public policy, its record of
past performance, and its financial and
technical resources.
(f) The Indian tribe or tribal organization shall maintain records on the
significant history of all major procurement transactions. These records
may include, but are not limited to,

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§ 900.49

25 CFR Ch. V (4–1–06 Edition)

the rationale for the method of procurement, the selection of contract
type, the contract selection or rejection, and the basis for the contract
price.
(g) The Indian tribe or tribal organization is solely responsible, using good
administrative practice and sound
business judgment, for processing and
settling all contractual and administrative issues arising out of a procurement. These issues include, but are not
limited to, source evaluation, protests,
disputes, and claims.
(1) The settlement of any protest,
dispute, or claim shall not relieve the
Indian tribe or tribal organization of
any obligations under a self-determination contract.
(2) Violations of law shall be referred
to the tribal or Federal authority having proper jurisdiction.
§ 900.49 What procurement standards
apply to subcontracts?
Each subcontract entered into under
the Act shall at a minimum:
(a) Be in writing;
(b) Identify the interested parties,
their authorities, and the purposes of
the contract;
(c) State the work to be performed
under the contract;
(d) State the process for making any
claim, the payments to be made, and
the terms of the contract, which shall
be fixed; and
(e) Be subject to sections 7 (b) and (c)
of the Act.
§ 900.50 What Federal laws, regulations, and Executive Orders apply
to subcontractors?
Certain provisions of the Act as well
as other applicable Federal laws, regulations, and Executive Orders apply to
subcontracts awarded under self-determination contracts. As a result, subcontracts should contain a provision
informing the recipient that their
award is funded with Indian Self-Determination Act funds and that the recipient is responsible for identifying and
ensuring compliance with applicable
Federal laws, regulations, and Executive Orders. The Secretary and the Indian tribe or tribal organization may,
through negotiation, identify all or a
portion of such requirements in the

self-determination contract and, if so
identified, these requirements should
be identified in subcontracts.
PROPERTY MANAGEMENT SYSTEM
STANDARDS
§ 900.51 What is an Indian tribe or
tribal organization’s property management system expected to do?
An Indian tribe or tribal organization’s property management system
shall account for all property furnished
or transferred by the Secretary for use
under a self-determination contract or
acquired with contract funds. The
property management system shall
contain requirements for the use, care,
maintenance, and disposition of Federally-owned and other property as follows:
(a) Where title vests in the Indian
tribe, in accordance with tribal law and
procedures; or
(b) In the case of a tribal organization, according to the internal property procedures of the tribal organization.
§ 900.52 What type of property is the
property management system required to track?
The property management system of
the Indian tribe or tribal organization
shall track:
(a) Personal property with an acquisition value in excess of $5,000 per item;
(b) Sensitive personal property,
which is all personal property that is
subject to theft and pilferage, as defined by the Indian tribe or tribal organization. All firearms shall be considered sensitive personal property; and
(c) Real property provided by the
Secretary for use under the contract.
§ 900.53 What kind of records shall the
property management system maintain?
The property management system
shall maintain records that accurately
describe the property, including any serial number or other identification
number. These records should contain
information such as the source, titleholder, acquisition date, cost, share of
Federal participation in the cost, location, use and condition of the property,
and the date of disposal and sale price,
if any.

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