Understanding the Indian Self-Determination Act:
Contracting and Compacting Under P.L. 93-638

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. Our expert will discuss important issues, such as contractibility, declination, appeals and reporting requirements. Special emphasis will be placed on the unique rights tribes have under the statute.

T O P I C S   I N C L U D E
  • Initial Act (1975)
  • Amendments (1988-1994)
  • Regulations 25 CFR 900
  • 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
  • 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
  • Why are there only five reasons?
  • How to avoid
  • Appeal rights
  • 90-day Rule
Contract Support
  • Recurring
  • Non-recurring
  • Base-level
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
  • 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
  • Emergency
  • Non-emergency
  • Notification
  • Right to appeal
  • Right 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

*Topics subject to change.

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