25 C.F.R. Subpart C—Contract Proposal Contents
Title 25 - Indians
The Secretary shall, upon request of an Indian tribe or tribal organization and subject to the availability of appropriations, provide technical assistance on a non-reimbursable basis to such Indian tribe or tribal organization to develop a new contract proposal or to provide for the assumption by the Indian tribe or tribal organization of any program, service, function, or activity (or portion thereof) that is 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. 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 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. No. The Indian tribe or tribal organization submits a written request to the Secretary. The Secretary shall provide the requested information, including the condition of the property, within 60 days. 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. 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. No, unless the parties agree.
Title 25: Indians
PART 900—CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT
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?
