Indian Self-Determination Act
Contracting and Compacting Under P.L. 93-638
Law
The Indian Self-Determination Act has undergone significant
changes since it was enacted in 1975. This law and
its regulations form the cornerstone of the rights tribes
have to assume control of services and programs that are
funded through the Department of the Interior and the
Department of Health and Human Services for the benefit
of their tribal members.
This class was designed to provide both seasoned veterans
and newcomers with an in-depth knowledge of the
Act, amendments, regulations and relevant case law. Important
issues, such as contractibility,
declination, appeals and
reporting requirements, will be
discussed. Special emphasis will
be placed on the unique rights
tribes have under the statute.
Topics that will be covered include:
Background
- Initial Act (1975)
- Amendments (1988-1994)
- Regulations 25 CFR 900
Definitions
- Construction
- Contract funding base
- Mature contract
- Indirect cost
Your Proposal
- Renewal
- New proposal
- How much detail is needed?
- What should not be left out of
the proposal?
- Property issues
- Personnel issues
- Program standards
Reporting/Audits
- Required program reports
- What is meant by “brief
narrative report?”
- Single audit requirements
- Disagreements over reporting
- Financial status reports
Wage and Labor Standards
- No Davis-Bacon wages
- Section 7b, Indian Preference
- Section 7c, Tribal Preference
- Employment/contracting
Declination
- Why are there only five
reasons?
- How to avoid
- Appeal rights
- 90-day Rule
Contract Support
- Recurring
- Non-recurring
- Base-level
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Tort Claims Coverage
- What is covered?
- Who is covered?
- Tribal responsibility
- What about sub-contractors?
Personnel Issues
- Direct hire
- Direct hire and federal
employees with benefits
- IPA employees
- MOA employees
- Minimum qualifications
Funding
- Determining your base level
- Contract support/recurring/non-recurring
- Indirect costs
- Ramah-Navajo
- Carry-over funds
- Rights to re-budget
- Allowable/unallowable costs
- “Using funds as matching share”
Reassumption
- Emergency
- Non-emergency
- Notification
- Rights to appeal
Retrocession
- Rights to return program to
federal government
- Notification
- Retaining property
- Effect on other contracts
Appeal Rights
- Pre-award appeals
- Post-award appeals
- Contract Disputes Act
- Payment of legal fees
- Burden of proof on federal government
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