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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 25 - Indians |
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Chapter V - Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services |
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Part 900 - Contracts Under the Indian Self-Determination and Education Assistance Act |
Subpart A - General Provisions |
§ 900.1 - Authority. |
§ 900.2 - Purpose and scope. |
§ 900.3 - Policy statements. |
§ 900.4 - Effect on existing tribal rights. |
§ 900.5 - Effect of these regulations on Federal program guidelines, manual, or policy directives. |
Subpart B - Definitions |
§ 900.6 - Definitions. |
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? |
§ 900.12 - 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? |
Subpart D - Review and Approval of Contract Proposals |
§ 900.14 - What does this subpart cover? |
§ 900.15 - What shall the Secretary do upon receiving a proposal? |
§ 900.16 - How long does the Secretary have to review and approve the proposal and award the contract, or decline a proposal? |
§ 900.17 - Can the statutory 90-day period be extended? |
§ 900.18 - What happens if a proposal is not declined within 90 days after it is received by the Secretary? |
§ 900.19 - What happens when a proposal is approved? |
Subpart E - Declination Procedures |
§ 900.20 - What does this subpart cover? |
§ 900.21 - When can a proposal be declined? |
§ 900.22 - For what reasons can the Secretary decline a proposal? |
§ 900.23 - Can the Secretary decline a proposal where the Secretary's objection can be overcome through the contract? |
§ 900.25 - What if only a portion of a proposal raises one of the five declination criteria? |
§ 900.28 - Is technical assistance available to an Indian tribe or tribal organization to avoid declination of a proposal? |
§ 900.29 - What is the Secretary required to do if the Secretary decides to decline all or a portion of a proposal? |
§ 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 technical assistance? |
§ 900.31 - When the Secretary declines all or a portion of a proposal, is an Indian tribe or tribal organization entitled to any appeal? |
§ 900.32 - Can the Secretary decline an Indian tribe or tribal organization's proposed successor annual funding agreement? |
§ 900.33 - Are all proposals to renew term contracts subject to the declination criteria? |
Subpart F - Standards for Tribal or Tribal Organization Management Systems |
Standards for Financial Management Systems |
§ 900.42 - What are the general financial management system standards that apply to an Indian tribe carrying out a self-determination contract? |
§ 900.43 - What are the general financial management system standards that apply to a tribal organization carrying out a self-determination contract? |
§ 900.44 - What minimum general standards apply to all Indian tribe or tribal organization financial management systems when carrying out a self-determination contract? |
§ 900.45 - What specific minimum requirements shall an Indian tribe or tribal organization's financial management system contain to meet these standards? |
§ 900.46 - What requirements are imposed upon the Secretary for financial management by these standards? |
Procurement Management System Standards |
§ 900.48 - If the Indian tribe or tribal organization does not propose different standards, what basic standards shall the Indian tribe or tribal organization follow? |
§ 900.49 - What procurement standards apply to subcontracts? |
§ 900.50 - What Federal laws, regulations, and Executive Orders apply to subcontractors? |
General |
§ 900.35 - What is the purpose of this subpart? |
§ 900.36 - What requirements are imposed upon Indian tribes or tribal organizations by this subpart? |
§ 900.37 - What provisions of Office of Management and Budget (OMB) circulars or the “common rule” apply to self-determination contracts? |
§ 900.38 - Do these standards apply to the subcontractors of an Indian tribe or tribal organization carrying out a self-determination contract? |
§ 900.39 - What is the difference between a standard and a system? |
§ 900.40 - When are Indian tribe or tribal organization management standards and management systems evaluated? |
§ 900.41 - How long must an Indian tribe or tribal organization keep management system records? |
Property Management System Standards |
§ 900.51 - What is an Indian tribe or tribal organization's property management system expected to do? |
§ 900.52 - What type of property is the property management system required to track? |
§ 900.53 - What kind of records shall the property management system maintain? |
§ 900.54 - Should the property management system prescribe internal controls? |
§ 900.55 - What are the standards for inventories? |
§ 900.56 - What maintenance is required for property? |
§ 900.57 - What if the Indian tribe or tribal organization chooses not to take title to property furnished or acquired under the contract? |
§ 900.58 - Do the same accountability and control procedures described above apply to Federal property? |
§ 900.59 - How are the inventory requirements for Federal property different than for tribal property? |
§ 900.60 - How does an Indian tribe or tribal organization dispose of Federal personal property? |
Subpart G - Programmatic Reports and Data Requirements |
§ 900.65 - What programmatic reports and data shall the Indian tribe or tribal organization provide? |
§ 900.67 - Will there be a uniform data set for all IHS programs? |
§ 900.68 - Will this uniform data set be required of all Indian tribe or tribal organizations contracting with the IHS under the Act? |
Subpart H - Lease of Tribally-Owned Buildings by the Secretary |
§ 900.69 - What is the purpose of this subpart? |
§ 900.71 - What type of reserve fund is anticipated for funds deposited into a reserve for replacement of facilities as specified in § 900.70(c)? |
§ 900.72 - Who is the guardian of the fund and may the funds be invested? |
§ 900.73 - Is a lease with the Secretary the only method available to recover the types of cost described in § 900.70? |
§ 900.74 - How may an Indian tribe or tribal organization propose a lease to be compensated for the use of facilities? |
Subpart I - Property Donation Procedures |
BIA and IHS Excess Property |
§ 900.95 - What is BIA or IHS excess property? |
§ 900.96 - How can Indian tribes or tribal organizations learn about BIA and IHS excess property? |
§ 900.97 - How can an Indian tribe or tribal organization acquire excess BIA or IHS property? |
§ 900.98 - Who takes title to excess BIA or IHS property donated to an Indian tribe or tribal organization? |
§ 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? |
§ 900.100 - May the Secretary elect to reacquire excess BIA or IHS property whose title has been transferred to an Indian tribe or tribal organization? |
§ 900.101 - Is excess BIA or IHS real property to which an Indian tribe or tribal organization has taken title eligible for facilities operation and maintenance funding from the Secretary? |
Government-Furnished Property |
§ 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 not already held in trust? |
§ 900.89 - When may the Secretary elect to reacquire government-furnished property whose title has been transferred to an Indian tribe or tribal organization? |
Contractor-Purchased Property |
§ 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 the Act? |
§ 900.92 - What should the Indian tribe or tribal organization do if it wants contractor-purchased real property to be taken into trust? |
§ 900.93 - When may the Secretary elect to acquire title to contractor-purchased property? |
§ 900.94 - Is contractor-purchased real property to which an Indian tribe or tribal organization holds title eligible for facilities operation and maintenance funding from the Secretary? |
Property Eligible for Replacement Funding |
§ 900.107 - What property to which an Indian tribe or tribal organization obtains title under this subpart is eligible for replacement funding? |
General |
§ 900.85 - What is the purpose of this subpart? |
§ 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 Indian tribe or tribal organization? |
Excess or Surplus Government Property of Other Agencies |
§ 900.102 - What is excess or surplus government property of other agencies? |
§ 900.103 - How can Indian tribes or tribal organizations learn about property that has been designated as excess or surplus government property? |
§ 900.104 - How may an Indian tribe or tribal organization receive excess or surplus government property of other agencies? |
§ 900.105 - Who takes title to excess or surplus Federal property donated to an Indian tribe or tribal organization? |
Subpart J - Construction |
§ 900.110 - What does this subpart cover? |
§ 900.111 - What activities of construction programs are contractible? |
§ 900.112 - What are construction phases? |
§ 900.113 - Definitions. |
§ 900.114 - Why is there a separate subpart in these regulations for construction contracts and grants? |
§ 900.115 - How do self-determination construction contracts relate to ordinary Federal procurement contracts? |
§ 900.116 - Are negotiated fixed-price contracts treated the same as cost-reimbursable contracts? |
§ 900.117 - Do these “construction contract” regulations apply to planning services? |
§ 900.118 - Do these “construction contract” regulations apply to construction management services? |
§ 900.119 - To what extent shall the Secretary consult with affected Indian tribes before spending funds for any construction project? |
§ 900.120 - How does an Indian tribe or tribal organization find out about a construction project? |
§ 900.121 - What happens during the preplanning phase and can an Indian tribe or tribal organization perform any of the activities involved in this process? |
§ 900.122 - What does an Indian tribe or tribal organization do if it wants to secure a construction contract? |
§ 900.123 - What happens if the Indian tribe or tribal organization and the Secretary cannot develop a mutually agreeable contract proposal? |
§ 900.124 - May the Indian tribe or tribal organization elect to use a grant in lieu of a contract? |
§ 900.125 - What shall a construction contract proposal contain? |
§ 900.126 - Shall a construction contract proposal incorporate provisions of Federal construction guidelines and manuals? |
§ 900.127 - What can be included in the Indian tribe or tribal organization's contract budget? |
§ 900.128 - What funding shall the Secretary provide in 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 construction contract? |
§ 900.130 - What role does the Indian tribe or tribal organization play during the performance of a self-determination construction contract? |
§ 900.131 - What role does the Secretary play during the performance of a self-determination construction contract? |
§ 900.132 - Once a contract and/or grant is awarded, how will the Indian tribe or tribal organization receive payments? |
§ 900.133 - Does the declination process or the Contract Dispute Act apply to construction contract amendments proposed either by an Indian tribe or tribal organization or the Secretary? |
§ 900.134 - At the end of a self-determination construction contract, what happens to savings on a cost-reimbursement contract? |
§ 900.135 - May the time frames for action set out in this subpart be reduced? |
§ 900.136 - Do tribal employment rights ordinances apply to construction contracts and subcontracts? |
§ 900.137 - Do all provisions of the other subparts apply to contracts awarded under this subpart? |
Subpart K - Waiver Procedures |
§ 900.140 - Can any provision of the regulations under this part be waived? |
§ 900.141 - How does an Indian tribe or tribal organization get a waiver? |
§ 900.142 - Does an Indian tribe or tribal organization's waiver request have to be included in an initial contract proposal? |
§ 900.143 - How is a waiver request processed? |
§ 900.144 - What happens if the Secretary makes no decision within the 90-day period? |
§ 900.145 - On what basis may the Secretary deny a waiver request? |
§ 900.146 - Is technical assistance available for waiver requests? |
§ 900.147 - What appeal rights are available? |
Subpart L - Appeals |
Appeals of Emergency Reassumption of Self-Determination Contracts or Suspensions, Withholding or Delay of Payments Under a Self-Determination Contract |
§ 900.170 - What happens in the case of emergency reassumption or suspension or withholding or delay of payments? |
§ 900.171 - Will there be a hearing? |
§ 900.172 - What happens after the hearing? |
§ 900.173 - Is the recommended decision always final? |
§ 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 IBIA do? |
§ 900.175 - Will an appeal hurt an Indian tribe or tribal organization's position in other contract negotiations? |
§ 900.176 - Will the decisions on appeals be available for the public to review? |
Appeals Other Than Emergency Reassumption and Suspension, Withholding or Delay in Payment |
§ 900.150 - What decisions can an Indian tribe or tribal organization appeal under this subpart? |
§ 900.151 - Are there any appeals this subpart does not cover? |
§ 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? |
§ 900.154 - How does an Indian tribe or tribal organization request an informal conference? |
§ 900.155 - How is an informal conference held? |
§ 900.156 - What happens after the informal conference? |
§ 900.157 - Is the recommended decision always final? |
§ 900.159 - May an Indian tribe or tribal organization get an extension of time to file a notice of appeal? |
§ 900.160 - What happens after an Indian tribe or tribal organization files an appeal? |
§ 900.161 - How is a hearing arranged? |
§ 900.162 - What happens when a hearing is necessary? |
§ 900.163 - What is the Secretary's burden of proof for appeals from decisions under § 900.150(a) through § 900.150(g)? |
§ 900.164 - What rights do Indian tribes, tribal organizations, and the government have during the appeal process? |
§ 900.165 - What happens after the hearing? |
§ 900.166 - Is the recommended decision always final? |
§ 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 IBIA do? |
§ 900.168 - Will an appeal hurt the Indian tribe or tribal organization's position in other contract negotiations? |
§ 900.169 - Will the decisions on appeals be available for the public to review? |
Applicability of the Equal Access to Justice Act |
§ 900.177 - Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart? |
Subpart M - Federal Tort Claims Act Coverage General Provisions |
§ 900.180 - What does this subpart cover? |
§ 900.181 - What definitions apply to this subpart? |
§ 900.182 - What other statutes and regulations apply to FTCA coverage? |
§ 900.183 - Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover? |
§ 900.184 - Is there a deadline for filing FTCA claims? |
§ 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 lawsuit may be filed? |
§ 900.186 - Is it necessary for a self-determination contract to include any clauses about Federal Tort Claims Act coverage? |
§ 900.187 - Does FTCA apply to a self-determination contract if FTCA is not referenced in the contract? |
§ 900.188 - To what extent shall the contractor cooperate with the Federal government in connection with tort claims arising out of the contractor's performance? |
§ 900.189 - Does this coverage extend to subcontractors of self-determination contracts? |
Procedure for Filing Medical-Related Claims |
§ 900.201 - How should claims arising out of the performance of medical-related functions be filed? |
§ 900.202 - What should a self-determination contractor or a contractor's employee do on receiving such a claim? |
§ 900.203 - If the contractor or contractor's employee receives a summons and/or a complaint alleging a tort covered by FTCA, what should the contractor do? |
Non-Medical Related Claims |
§ 900.204 - Is FTCA the exclusive remedy for a non-medical related tort claim arising out of the performance of a self-determination contract? |
§ 900.205 - To what non-medical-related claims against self-determination contractors does FTCA apply? |
§ 900.206 - What employees are covered by FTCA for non-medical-related claims? |
§ 900.207 - How are non-medical related tort claims and lawsuits filed for IHS? |
§ 900.208 - How are non-medical related tort claims and lawsuits filed for DOI? |
§ 900.209 - What should a self-determination contractor or contractor's employee do on receiving a non-medical related tort claim? |
§ 900.210 - If the contractor or contractor's employee receives a summons and/or complaint alleging a non-medical related tort covered by FTCA, what should an Indian tribe or tribal organization do? |
Medical-Related Claims |
§ 900.190 - Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the performance of a self-determination contract? |
§ 900.191 - Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA? |
§ 900.192 - What employees are covered by FTCA for medical-related claims? |
§ 900.196 - Do covered services include the conduct of clinical studies and investigations and the provision of emergency services, including the operation of emergency motor vehicles? |
§ 900.197 - Does FTCA cover employees of the contractor who are paid by the contractor from funds other than those provided through the self-determination contract? |
§ 900.200 - May persons who are not Indians or Alaska Natives assert claims under FTCA? |
Subpart N - Post-Award Contract Disputes |
§ 900.215 - What does this subpart cover? |
§ 900.216 - What other statutes and regulations apply to contract disputes? |
§ 900.217 - Is filing a claim under the CDA our only option for resolving post-award contract disputes? |
§ 900.218 - What is a claim under the CDA? |
§ 900.219 - How does an Indian tribe, tribal organization, or Federal agency submit a claim? |
§ 900.220 - Does it make a difference whether the claim is large or small? |
§ 900.221 - What happens next? |
§ 900.222 - What goes into a decision? |
§ 900.223 - When does an Indian tribe or tribal organization get the decision? |
§ 900.224 - What happens if the decision does not come within that time? |
§ 900.225 - Does an Indian tribe or tribal organization get paid immediately if the awarding official decides in its favor? |
§ 900.226 - What rules govern appeals of cost disallowances? |
§ 900.227 - Can the awarding official change the decision after it has been made? |
§ 900.228 - Is an Indian tribe or tribal organization entitled to interest if it wins its claim? |
§ 900.229 - What role will the awarding official play during an appeal? |
§ 900.230 - What is the effect of a pending appeal? |
Subpart O - Conflicts of Interest |
§ 900.231 - What is an organizational conflict of interest? |
§ 900.232 - What must an Indian tribe or tribal organization do if an organizational conflict of interest arises under a contract? |
§ 900.233 - When must an Indian tribe or tribal organization regulate its employees or subcontractors to avoid a personal conflict of interest? |
§ 900.234 - What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to be regulated by an Indian tribe? |
§ 900.235 - What personal conflicts of interest must the standards of conduct regulate? |
§ 900.236 - May an Indian tribe elect to negotiate contract provisions on conflict of interest to take the place of this regulation? |
Subpart P - Retrocession and Reassumption Procedures |
§ 900.240 - What does retrocession mean? |
§ 900.241 - Who may retrocede a contract, in whole or in part? |
§ 900.242 - What is the effective date of retrocession? |
§ 900.243 - What effect will an Indian tribe or tribal organization's retrocession have on its rights to contract? |
§ 900.244 - Will an Indian tribe or tribal organization's retrocession adversely affect funding available for the retroceded program? |
§ 900.245 - What obligation does the Indian tribe or tribal organization have with respect to returning property that was used in the operation of the retroceded program? |
§ 900.246 - What does reassumption mean? |
§ 900.247 - Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption? |
§ 900.248 - In a non-emergency reassumption, what is the Secretary required to do? |
§ 900.249 - What happens if the contractor fails to take corrective action to remedy the contract deficiencies identified in the notice? |
§ 900.250 - What shall the second written notice include? |
§ 900.251 - What is the earliest date on which the contract will be rescinded in a non-emergency reassumption? |
§ 900.252 - In an emergency reassumption, what is the Secretary required to do? |
§ 900.253 - What shall the written notice include? |
§ 900.254 - May the contractor be reimbursed for actual and reasonable “wind up costs” incurred after the effective date of rescission? |
§ 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 rescinded contract? |
§ 900.256 - Will a reassumption adversely affect funding available for the reassumed program? |