regulatory support

§ 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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