Title 25--INDIANS
Chapter V--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND


the basis of handicap in programs or activities conducted by the agency. (b) The agency shall process complaints alleging violations of section 504 with respect...
...


900.2 Purpose and scope. (a) General. These regulations codify uniform and consistent rules for contracts by the Department of Health and Human Services...


900.3 Policy statements. (a) Congressional policy. (1) Congress has recognized the obligation of the United States to respond to the strong expression...


900.4 Effect on existing tribal rights. Nothing in these regulations shall be construed as: (a) Affecting, modifying, diminishing, or otherwise...


900.5 Effect of these regulations on Federal program guidelines, manual, or policy directives. Except as specifically provided in the Act, or as specified...


900.6 Definitions. Unless otherwise provided in this part: Act means secs. 1 through 9, and title I of the Indian Self- Determination...


Sec. 900.7 What technical assistance is available to assist in preparing an initial contract proposal? The Secretary shall, upon request of an...


Sec. 900.8 What must an initial contract proposal contain? An initial contract proposal must contain the following information: (a) The full...


Sec. 900.9 May the Secretary require an Indian tribe or tribal organization to submit any other information beyond that identified in Sec. 900.8? ...


Sec. 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,...


Sec. 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...


Sec. 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...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR900.13] [Page 995] 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--Table of Contents Subpart C_Contract Proposal Contents Sec. 900.13 Does the contract proposal become part of the final contract? No, unless the parties agree. [[Page 996]] ...


Proposals Sec. 900.14 What does this subpart cover? This subpart covers any proposal to enter into a self-determination contract, to amend an...


Proposals Sec. 900.15 What shall the Secretary do upon receiving a proposal? Upon receipt of a proposal, the Secretary shall: (a) Within two days notify...


Proposals Sec. 900.16 How long does the Secretary have to review and approve the proposal and award the contract, or decline a proposal? The Secretary has...


Proposals Sec. 900.17 Can the statutory 90-day period be extended? Yes, with written consent of the Indian tribe or tribal organization. If consent is not...


Proposals Sec. 900.18 What happens if a proposal is not declined within 90 days after it is received by the Secretary? A proposal that is not declined within...


Proposals Sec. 900.19 What happens when a proposal is approved? Upon approval the Secretary shall award the contract and add to the contract the full amount...


900.20 What does this subpart cover? This subpart explains how and under what circumstances the Secretary may decline a proposal to contract, to...


900.21 When can a proposal be declined? As explained in Sec. Sec. 900.16 and 900.17, a proposal can only be declined within 90 days after the...


Sec. 900.22 For what reasons can the Secretary decline a proposal? The Secretary may only decline to approve a proposal for one of five...


900.23 Can the Secretary decline a proposal where the Secretary's objection can be overcome through the contract? No. The Secretary may not decline to...


900.24 Can a contract proposal for an Indian tribe or tribal organization's share of administrative programs, functions, services, and activities be ...


900.25 What if only a portion of a proposal raises one of the five declination criteria? The Secretary must approve any severable portion of a proposal...


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 ...


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...


900.28 Is technical assistance available to an Indian tribe or tribal organization to avoid declination of a proposal? Yes. In accordance with...


900.29 What is the Secretary required to do if the Secretary decides to decline all or a portion of a proposal? If the Secretary decides to decline all or...


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...


900.31 When the Secretary declines all or a portion of a proposal, is an Indian tribe or tribal organization entitled to any appeal? Yes. The Indian...


900.32 Can the Secretary decline an Indian tribe or tribal organization's proposed successor annual funding agreement? No. If it is substantially the...


900.33 Are all proposals to renew term contracts subject to the declination criteria? Department of Health and Human Services and the Bureau of...


Systems Sec. 900.35 What is the purpose of this subpart? General This subpart contains the...


Systems Sec. 900.36 What requirements are imposed upon Indian tribes or tribal organizations by this subpart? When carrying out...


Management Systems Sec. 900.37 What provisions of Office of Management and Budget (OMB) circulars or the ``common rule'' apply to self-determination...


Systems Sec. 900.38 Do these standards apply to the subcontractors of an Indian tribe or tribal organization carrying out a self-determination...


Systems Sec. 900.39 What is the difference between a standard and a system? (a) Standards are the minimum baseline requirements for the...


Systems Sec. 900.40 When are Indian tribe or tribal organization management standards and management systems evaluated? (a) Management standards...


Systems Sec. 900.41 How long must an Indian tribe or tribal organization keep management system records? The Indian tribe or tribal organization...


Systems Sec. 900.42 What are the general financial management system standards that apply to an Indian tribe carrying out a self-determination...


Systems Sec. 900.43 What are the general financial management system standards that apply to a tribal organization carrying out a...


Management Systems Sec. 900.44 What minimum general standards apply to all Indian tribe or tribal organization financial management systems when carrying out...


Systems Sec. 900.45 What specific minimum requirements shall an Indian tribe or tribal organization's financial management system contain to meet...


Systems Sec. 900.46 What requirements are imposed upon the Secretary for financial management by these standards? The Secretary shall...


Systems Sec. 900.47 When procuring property or services with self-determination contract funds, can an Indian tribe or tribal organization follow...


Management Systems Sec. 900.48 If the Indian tribe or tribal organization does not propose different standards, what basic standards shall the Indian tribe...


Systems Sec. 900.49 What procurement standards apply to subcontracts? Each subcontract entered into under the Act shall at a minimum: (a) Be...


Systems Sec. 900.50 What Federal laws, regulations, and Executive Orders apply to subcontractors? Certain provisions of the Act as well as...


Systems Sec. 900.51 What is an Indian tribe or tribal organization's property management system expected to do? An Indian tribe or...


Systems Sec. 900.52 What type of property is the property management system required to track? The property management system of the Indian tribe...


Systems Sec. 900.53 What kind of records shall the property management system maintain? The property management system shall maintain records...


Systems Sec. 900.54 Should the property management system prescribe internal controls? Yes. Effective internal controls should...


Systems Sec. 900.55 What are the standards for inventories? A physical inventory should be conducted at least once every 2 years. The results of...


Systems Sec. 900.56 What maintenance is required for property? Required maintenance includes the performance of actions necessary to keep...


Systems Sec. 900.57 What if the Indian tribe or tribal organization chooses not to take title to property furnished or acquired under the contract? ...


Systems Sec. 900.58 Do the same accountability and control procedures described above apply to Federal property? Yes, except that requirements...


Systems Sec. 900.59 How are the inventory requirements for Federal property different than for tribal property? There are three...


Systems Sec. 900.60 How does an Indian tribe or tribal organization dispose of Federal personal property? The Indian tribe or tribal...


Data Requirements Sec. 900.65 What programmatic reports and data shall the Indian tribe or tribal organization provide? Unless required by statute, there...


Requirements Sec. 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...


Requirements Sec. 900.67 Will there be a uniform data set for all IHS programs? IHS will work with Indian tribe or tribal organization representatives to develop...


Requirements Sec. 900.68 Will this uniform data set be required of all Indian tribe or tribal organizations contracting with the IHS under the Act? No. The...


the Secretary Sec. 900.69 What is the purpose of this subpart? Section 105(l) of the Act requires the Secretary, at the request of an Indian tribe...


by the Secretary Sec. 900.70 What elements are included in the compensation for a lease entered into between the Secretary and an Indian tribe or...


the Secretary Sec. 900.71 What type of reserve fund is anticipated for funds deposited into a reserve for replacement of facilities as specified in Sec....


the Secretary Sec. 900.72 Who is the guardian of the fund and may the funds be invested? (a) The Indian tribe or tribal organization is the guardian of...


the Secretary Sec. 900.73 Is a lease with the Secretary the only method available to recover the types of cost described in Sec. 900.70? No. With the...


the Secretary Sec. 900.74 How may an Indian tribe or tribal organization propose a lease to be compensated for the use of facilities? There are three...


Sec. 900.85 What is the purpose of this subpart? General This subpart implements section 105(f) of the...


Sec. 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...


Sec. 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...


Sec. 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...


Sec. 900.89 When may the Secretary elect to reacquire government-furnished property whose title has been transferred to an Indian tribe or tribal ...


Sec. 900.90 Does government-furnished real property to which an Indian tribe or tribal organization has taken title continue to be eligible for facilities...


Sec. 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...


Sec. 900.92 What should the Indian tribe or tribal organization do if it wants contractor-purchased real property to be taken into trust? The...


Sec. 900.93 When may the Secretary elect to acquire title to contractor-purchased property? (a) Except as provided in paragraph (b) of this section when...


Sec. 900.94 Is contractor-purchased real property to which an Indian tribe or tribal organization holds title eligible for facilities operation and ...


Sec. 900.95 What is BIA or IHS excess property? BIA or IHS excess property means property under the jurisdiction of the BIA or IHS that is excess to...


Sec. 900.96 How can Indian tribes or tribal organizations learn about BIA and IHS excess property? The Secretary shall not less than annually send to...


Sec. 900.97 How can an Indian tribe or tribal organization acquire excess BIA or IHS property? (a) The Indian tribe or tribal organization shall submit...


Sec. 900.98 Who takes title to excess BIA or IHS property donated to an Indian tribe or tribal organization? The Indian tribe or tribal organization...


Sec. 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? (a) If an...


Sec. 900.100 May the Secretary elect to reacquire excess BIA or IHS property whose title has been transferred to an Indian tribe or...


Sec. 900.101 Is excess BIA or IHS real property to which an Indian tribe or tribal organization has taken title eligible for facilities operation...


Sec. 900.102 What is excess or surplus government property of other agencies? (a) ``Excess government property'' is real or personal property under...


Sec. 900.103 How can Indian tribes or tribal organizations learn about property that has been designated as excess or surplus government property? ...


Sec. 900.104 How may an Indian tribe or tribal organization receive excess or surplus government property of other agencies? (a) The Indian tribe or...


Sec. 900.105 Who takes title to excess or surplus Federal property donated to an Indian tribe or tribal organization? (a) Title to any donated...


Sec. 900.106 If a contract or grant agreement or portion thereof is retroceded, reassumed, terminated, or expires, may the Secretary reacquire title to...


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


900.110 What does this subpart cover? (a) This subpart establishes requirements for issuing fixed-price or cost-reimbursable contracts to provide:...


900.111 What activities of construction programs are contractible? The Secretary shall, upon the request of any Indian tribe or tribal organization...


900.112 What are construction phases? (a) Construction programs generally include the following activities in phases which can vary by funding source...


900.113 Definitions. (a) Construction contract means a fixed-price or cost-reimbursement self-determination contract for a construction project,...


900.114 Why is there a separate subpart in these regulations for construction contracts and grants? There is a separate subpart because the Act...


900.115 How do self-determination construction contracts relate to ordinary Federal procurement contracts? (a) A self-determination construction...


900.116 Are negotiated fixed-price contracts treated the same as cost-reimbursable contracts? Yes, except that in negotiated fixed-price...


900.117 Do these ``construction contract'' regulations apply to planning services? (a) These regulations apply to planning services contracts only...


900.118 Do these ``construction contract'' regulations apply to construction management services? No. Construction management services may be...


900.119 To what extent shall the Secretary consult with affected Indian tribes before spending funds for any construction project? Before spending any...


900.120 How does an Indian tribe or tribal organization find out about a construction project? Within 30 days after the Secretary's allocation of funds...


900.121 What happens during the preplanning phase and can an Indian tribe or tribal organization perform any of the activities involved in...


900.122 What does an Indian tribe or tribal organization do if it wants to secure a construction contract? (a) The Act establishes a special process...


900.123 What happens if the Indian tribe or tribal organization and the Secretary cannot develop a mutually agreeable contract proposal? (a) If the...


900.124 May the Indian tribe or tribal organization elect to use a grant in lieu of a contract? Yes. A grant agreement or a cooperative agreement may be...


900.125 What shall a construction contract proposal contain? (a) In addition to the full name, address, and telephone number of the Indian tribe or...


900.126 Shall a construction contract proposal incorporate provisions of Federal construction guidelines and manuals? Each agency may provide or the...


900.127 What can be included in the Indian tribe or tribal organization's contract budget? (a) The costs incurred will vary depending on which phase...


900.128 What funding shall the Secretary provide in a construction contract? The Secretary shall provide an amount under 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...


900.130 What role does the Indian tribe or tribal organization play during the performance of a self-determination construction contract? (a) The...


900.131 What role does the Secretary play during the performance of a self-determination construction contract? (a) If the Indian tribe or...


900.132 Once a contract and/or grant is awarded, how will the Indian tribe or tribal organization receive payments? (a) A schedule for advance payments...


900.133 Does the declination process or the Contract Dispute Act apply to construction contract amendments proposed either by an Indian tribe or...


900.134 At the end of a self-determination construction contract, what happens to savings on a cost-reimbursement contract? The savings shall be used by...


900.135 May the time frames for action set out in this subpart be reduced? Yes. The time frames in this subpart are intended to be maximum times and...


900.136 Do tribal employment rights ordinances apply to construction contracts and subcontracts? Yes. Tribal employment rights ordinances do apply...


900.137 Do all provisions of the other subparts apply to contracts awarded under this subpart? Yes, except as otherwise provided in this subpart and...


900.140 Can any provision of the regulations under this part be waived? Yes. Upon the request of an Indian tribe or tribal organization, the...


900.141 How does an Indian tribe or tribal organization get a waiver? To obtain a waiver, an Indian tribe or tribal organization shall submit a...


900.142 Does an Indian tribe or tribal organization's waiver request have to be included in an initial contract proposal? No. Although a waiver request...


900.143 How is a waiver request processed? The Secretary shall approve or deny a waiver within 90 days after the Secretary receives a written...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR900.144] [Page 1026] 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--Table of Contents Subpart K_Waiver Procedures Sec. 900.144 What happens if the Secretary makes no decision within the 90-day period? The waiver request is deemed approved. ...


Sec. 900.145 On what basis may the Secretary deny a waiver request? Consistent with section 107(e) of the Act, the Secretary may only deny a waiver...


900.146 Is technical assistance available for waiver requests? Yes. Technical assistance is available as provided in Sec. 900.7 to prepare a waiver...


900.147 What appeal rights are available? If the Secretary denies a waiver request, the Indian tribe or tribal organization has the right to appeal...


900.148 How can an Indian tribe or tribal organization secure a determination that a law or regulation has been superseded by the Indian...


900.150 What decisions can an Indian tribe or tribal organization appeal under this subpart? Appeals Other Than Emergency Reassumption and Suspension, Withholding...


900.151 Are there any appeals this subpart does not cover? This subpart does not cover: (a) Disputes which arise after a self-determination contract...


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? Yes. The Indian tribe or tribal organization may request an...


900.154 How does an Indian tribe or tribal organization request an informal conference? The Indian tribe or tribal organization shall file its request...


900.155 How is an informal conference held? (a) The informal conference shall be held within 30 days of the date the request was received, unless the...


900.156 What happens after the informal conference? (a) Within 10 days of the informal conference, the person who...


900.157 Is the recommended decision always final? No. If the Indian tribe or tribal organization is dissatisfied with the recommended decision, it may...


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 ...


900.159 May an Indian tribe or tribal organization get an extension of time to file a notice of appeal? Yes. If the Indian tribe or tribal organization...


900.160 What happens after an Indian tribe or tribal organization files an appeal? (a) Within 5 days of receiving the Indian tribe or...


900.161 How is a hearing arranged? (a) If a hearing is to be held, the IBIA will refer the Indian tribe or tribal organization's case to the Hearings Division...


900.162 What happens when a hearing is necessary? (a) The ALJ shall hold a hearing within 60 days of the date of the order referring the appeal to the...


900.163 What is the Secretary's burden of proof for appeals from decisions under Sec. 900.150(a) through Sec. 900.150(g)? For those appeals, the Secretary...


900.164 What rights do Indian tribes, tribal organizations, and the government have during the appeal process? Both the Indian tribe or tribal...


900.165 What happens after the hearing? (a) Within 30 days of the end of the formal hearing or any post- hearing briefing schedule established by the ALJ, the...


900.166 Is the recommended decision always final? No. Any party to the appeal may file precise and specific written objections to the recommended decision,...


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...


900.168 Will an appeal hurt the Indian tribe or tribal organization's position in other contract negotiations? No. A pending appeal will not affect or...


900.169 Will the decisions on appeals be available for the public to review? Yes. The Secretary shall publish all final decisions from the ALJs, the...


900.170 What happens in the case of emergency reassumption or suspension or withholding or delay of payments? (a) This subpart applies when the Secretary...


900.171 Will there be a hearing? Yes. The Deputy Director of the Office of Hearings and Appeals shall appoint an Administrative Law Judge (ALJ) to hold...


900.172 What happens after the hearing? (a) Within 30 days after the end of the hearing or any post-hearing briefing schedule established by the ALJ,...


900.173 Is the recommended decision always final? No. Any party to the appeal may file precise and specific written objections to the recommended decision,...


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...


900.175 Will an appeal hurt an Indian tribe or tribal organization's position in other contract negotiations? No. A pending appeal will not affect or prevent...


900.176 Will the decisions on appeals be available for the public to review? Yes. The Secretary shall publish all final decisions from the ALJs, the...


900.177 Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart? Yes. EAJA claims against the DOI or the DHHS will be heard by...


Provisions Sec. 900.180 What does this subpart cover? This subpart explains the applicability of the Federal Tort Claims Act (FTCA). This...


General Provisions Sec. 900.181 What definitions apply to this subpart? Indian contractor means: (1) In California, subcontractors of the California...


Provisions Sec. 900.182 What other statutes and regulations apply to FTCA coverage? A number of other statutes and regulations apply to FTCA...


Provisions Sec. 900.183 Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover? Yes. There are claims...


Provisions Sec. 900.184 Is there a deadline for filing FTCA claims? Yes. Claims shall be filed within 2 years of the date of accrual. (28...


Provisions Sec. 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...


General Provisions Sec. 900.186 Is it necessary for a self-determination contract to include any clauses about Federal Tort Claims Act coverage? No, it...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR900.187] [Page 1035] 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--Table of Contents Subpart M_Federal Tort Claims Act Coverage General Provisions Sec. 900.187 Does FTCA apply to a self-determination contract if FTCA is not referenced in the contract? Yes. ...


Provisions Sec. 900.188 To what extent shall the contractor cooperate with the Federal government in connection with tort claims arising out of...


General Provisions Sec. 900.189 Does this coverage extend to subcontractors of self-determination contracts? No. Subcontractors or subgrantees...


Provisions Sec. 900.190 Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the performance of a...


Provisions Sec. 900.191 Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA? ...


Provisions Sec. 900.192 What employees are covered by FTCA for medical-related claims? (a) Permanent employees; (b) Temporary employees; ...


Provisions Sec. 900.193 Does FTCA coverage extend to individuals who provide health care services under a personal services contract providing services in...


Provisions Sec. 900.194 Does FTCA coverage extend to services provided under a staff privileges agreement with a non-IHS facility where the agreement...


Provisions Sec. 900.195 Does FTCA coverage extend to the contractor's health care practitioners providing services to private patients on a...


Provisions Sec. 900.196 Do covered services include the conduct of clinical studies and investigations and the provision of emergency services, including...


Provisions Sec. 900.197 Does FTCA cover employees of the contractor who are paid by the contractor from funds other than those provided through...


Provisions Sec. 900.198 Are Federal employees assigned to a self-determination contractor under the Intergovernmental Personnel Act or detailed under...


Provisions Sec. 900.199 Does FTCA coverage extend to health care practitioners to whom staff privileges have been extended in contractor health...


Provisions Sec. 900.200 May persons who are not Indians or Alaska Natives assert claims under FTCA? Yes. Non-Indian individuals served under the...


Provisions Sec. 900.201 How should claims arising out of the performance of medical-related functions be filed? Claims should be filed on Standard Form...


Provisions Sec. 900.202 What should a self-determination contractor or a contractor's employee do on receiving such a claim? They should...


General Provisions Sec. 900.203 If the contractor or contractor's employee receives a summons and/or a complaint alleging a tort covered by FTCA, what should...


Provisions Sec. 900.204 Is FTCA the exclusive remedy for a non-medical related tort claim arising out of the performance of a self-determination contract? ...


Provisions Sec. 900.205 To what non-medical-related claims against self-determination contractors does FTCA apply? It applies to: (a) All...


Provisions Sec. 900.206 What employees are covered by FTCA for non-medical-related claims? (a) Permanent employees; (b) Temporary employees; ...


Provisions Sec. 900.207 How are non-medical related tort claims and lawsuits filed for IHS? Non-medical-related tort claims and lawsuits arising out of...


Provisions Sec. 900.208 How are non-medical related tort claims and lawsuits filed for DOI? Non-medical-related claims arising out of the performance...


Provisions Sec. 900.209 What should a self-determination contractor or contractor's employee do on receiving a non-medical related tort claim? (a) If...


Provisions Sec. 900.210 If the contractor or contractor's employee receives a summons and/or complaint alleging a non-medical related tort covered by FTCA,...


Sec. 900.215 What does this subpart cover? (a) This subpart covers: (1) All HHS and DOI self-determination contracts, including...


Sec. 900.216 What other statutes and regulations apply to contract disputes? (a) The Contract Disputes Act of 1978 (CDA), Public Law 95-563 (41 U.S.C....


Sec. 900.217 Is filing a claim under the CDA our only option for resolving post-award contract disputes? No. The Federal government attempts to resolve...


Sec. 900.218 What is a claim under the CDA? (a) A claim is a written demand by one of the contracting parties, asking for one or more of the...


Sec. 900.219 How does an Indian tribe, tribal organization, or Federal agency submit a claim? (a) An Indian tribe or tribal organization shall submit...


Sec. 900.220 Does it make a difference whether the claim is large or small? Yes. The Contract Disputes Act requires that an Indian tribe or...


Sec. 900.221 What happens next? (a) If the parties do not agree on a settlement, the awarding official will issue a written decision on the claim. ...


Sec. 900.222 What goes into a decision? A decision shall: (a) Describe the claim or dispute; (b) Refer to the relevant terms of...


Sec. 900.223 When does an Indian tribe or tribal organization get the decision? (a) If the claim is for more than $100,000, the awarding official...


Sec. 900.224 What happens if the decision does not come within that time? If the awarding official does not issue a decision within the time required...


Sec. 900.225 Does an Indian tribe or tribal organization get paid immediately if the awarding official decides in its favor? Yes. Once the awarding...


Sec. 900.226 What rules govern appeals of cost disallowances? In any appeal involving a disallowance of costs, the Board of Contract Appeals will give...


Sec. 900.227 Can the awarding official change the decision after it has been made? (a) The decision of the awarding official is final and...


Sec. 900.228 Is an Indian tribe or tribal organization entitled to interest if it wins its claim? Yes. If an Indian tribe or tribal organization wins...


Sec. 900.229 What role will the awarding official play during an appeal? (a) The awarding official shall provide any data, documentation, information...


Sec. 900.230 What is the effect of a pending appeal? (a) Indian tribes and tribal organizations shall continue performance of a contract during the...


Interest Sec. 900.231 What is an organizational conflict of interest? An organizational conflict of interest arises when there is a direct conflict...


Sec. 900.232 What must an Indian tribe or tribal organization do if an organizational conflict of interest arises under a contract? This section only...


Sec. 900.233 When must an Indian tribe or tribal organization regulate its employees or subcontractors to avoid a personal conflict of interest? An...


Sec. 900.234 What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to be regulated by an...


Sec. 900.235 What personal conflicts of interest must the standards of conduct regulate? The standards must prohibit an officer, employee, or...


Sec. 900.236 May an Indian tribe elect to negotiate contract provisions on conflict of interest to take the place of this regulation? Yes. An Indian tribe...


Sec. 900.240 What does retrocession mean? A retrocession means the return to the Secretary of a contracted program, in whole or in part, for...


Sec. 900.241 Who may retrocede a contract, in whole or in part? An Indian tribe or tribal organization authorized by an Indian tribe may retrocede...


Sec. 900.242 What is the effective date of retrocession? The retrocession is effective on the date which is the earliest date among: (a)...


Sec. 900.243 What effect will an Indian tribe or tribal organization's retrocession have on its rights to contract? An Indian tribe or...


Sec. 900.244 Will an Indian tribe or tribal organization's retrocession adversely affect funding available for the retroceded program? No....


Sec. 900.245 What obligation does the Indian tribe or tribal organization have with respect to returning property that was used in the operation of...


Sec. 900.246 What does reassumption mean? Reassumption means rescission, in whole or in part, of a contract and assuming or resuming control...


Sec. 900.247 Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption? (a) A reassumption...


Sec. 900.248 In a non-emergency reassumption, what is the Secretary required to do? The Secretary must: (a) Notify the Indian tribes or...


Procedures Sec. 900.249 What happens if the contractor fails to take corrective action to remedy the contract deficiencies identified in the notice? ...


Sec. 900.250 What shall the second written notice include? The second written notice shall include: (a) The intended effective date of...


Sec. 900.251 What is the earliest date on which the contract will be rescinded in a non-emergency reassumption? The contract will not be rescinded...


Sec. 900.252 In an emergency reassumption, what is the Secretary required to do? (a) Immediately rescind, in whole or in part, the contract; ...


Sec. 900.253 What shall the written notice include? The written notice shall include the following: (a) A detailed statement of the findings...


Sec. 900.254 May the contractor be reimbursed for actual and reasonable ``wind up costs'' incurred after the effective date of rescission? ...


Sec. 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 ...


Sec. 900.256 Will a reassumption adversely affect funding available for the reassumed program? No. The Secretary shall provide at least the same...




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