CFR /  Title 25  /  Part 900: Contracts Under The Indian Self-Determination And Education Assistance Act

Section No.	Description
Section 900.1	Purpose and scope
Section 900.2	Policy statements
Section 900.3	Effect on existing tribal rights
Section 900.4	Effect of these regulations on Federal program guidelines, manual, or policy directives
Section 900.5	Definitions
Section 900.6	What technical assistance is available to assist in preparing an initial contract proposal?
Section 900.7	What must an initial contract proposal contain?
Section 900.8	May the Secretary require an Indian tribe or tribal organization to submit any other information beyond that identified
Section 900.9	How does an Indian tribe or tribal organization secure a list of all Federal property currently in use in carrying out the programs,
Section 900.10	What should an Indian tribe or tribal organization that is proposing a contract do about specifying the Federal property that
Section 900.11	Are the proposal contents requirements the same for renewal of a contract that is expiring and for securing an annual funding
Section 900.12	Does the contract proposal become part of the final contract?
Section 900.13	What does this subpart cover?
Section 900.14	What shall the Secretary do upon receiving a proposal?
Section 900.15	How long does the Secretary have to review and approve the proposal and award the contract, or decline a proposal?
Section 900.16	Can the statutory 90-day period be extended?
Section 900.17	What happens if a proposal is not declined within 90 days after it is received by the Secretary?
Section 900.18	What happens when a proposal is approved?
Section 900.19	What does this subpart cover?
Section 900.20	When can a proposal be declined?
Section 900.21	For what reasons can the Secretary decline a proposal?
Section 900.22	Can the Secretary decline a proposal where the Secretary's objection can be overcome through the contract?
Section 900.23	Can a contract proposal for an Indian tribe or tribal organization's share of administrative programs, functions, services,
Section 900.24	What if only a portion of a proposal raises one of the five declination criteria?
Section 900.25	What happens if the Secretary declines a part of a proposal on the ground that the proposal proposes in part to plan, conduct, or
Section 900.26	If an Indian tribe or tribal organization elects to contract for a severable portion of a proposal, does the Indian tribe or tribal
Section 900.27	Is technical assistance available to an Indian tribe or tribal organization to avoid declination of a proposal?
Section 900.28	What is the Secretary required to do if the Secretary decides to decline all or a portion of a proposal?
Section 900.29	When the Secretary declines all or a portion of a proposal, is the Secretary required to provide an Indian tribe or tribal organization
Section 900.30	When the Secretary declines all or a portion of a proposal, is an Indian tribe or tribal organization entitled to any appeal?
Section 900.31	Can the Secretary decline an Indian tribe or tribal organization's proposed successor annual funding agreement?
Section 900.32	Are all proposals to renew term contracts subject to the declination criteria?
Section 900.33	What is the purpose of this subpart?
Section 900.35	What requirements are imposed upon Indian tribes or tribal organizations by this subpart?
Section 900.36	What provisions of Office of Management and Budget (OMB) circulars or the ``common rule'' apply to self-determination contracts?
Section 900.37	Do these standards apply to the subcontractors of an Indian tribe or tribal organization carrying out a self-determination
Section 900.38	What is the difference between a standard and a system?
Section 900.39	When are Indian tribe or tribal organization management standards and management systems evaluated?
Section 900.40	How long must an Indian tribe or tribal organization keep management system records?
Section 900.41	What are the general financial management system standards that apply to an Indian tribe carrying out a self-determination contract?
Section 900.42	What are the general financial management system standards that apply to a tribal organization carrying out a self-determination
Section 900.43	What minimum general standards apply to all Indian tribe or tribal organization financial management systems when carrying out a
Section 900.44	What specific minimum requirements shall an Indian tribe or tribal organization's financial management system contain to meet these
Section 900.45	What requirements are imposed upon the Secretary for financial management by these standards?
Section 900.46	When procuring property or services with self-determination contract funds, can an Indian tribe or tribal organization follow the
Section 900.47	If the Indian tribe or tribal organization does not propose different standards, what basic standards shall the Indian tribe or tribal
Section 900.48	What procurement standards apply to subcontracts?
Section 900.49	What Federal laws, regulations, and Executive Orders apply to subcontractors?
Section 900.50	What is an Indian tribe or tribal organization's property management system expected to do?
Section 900.51	What type of property is the property management system required to track?
Section 900.52	What kind of records shall the property management system maintain?
Section 900.53	Should the property management system prescribe internal controls?
Section 900.54	What are the standards for inventories?
Section 900.55	What maintenance is required for property?
Section 900.56	What if the Indian tribe or tribal organization chooses not to take title to property furnished or acquired under the contract?
Section 900.57	Do the same accountability and control procedures described above apply to Federal property?
Section 900.58	How are the inventory requirements for Federal property different than for tribal property?
Section 900.59	How does an Indian tribe or tribal organization dispose of Federal personal property?
Section 900.60	What programmatic reports and data shall the Indian tribe or tribal organization provide?
Section 900.65	What happens if the Indian tribe or tribal organization and the Secretary cannot come to an agreement concerning the type and/or
Section 900.66	Will there be a uniform data set for all IHS programs?
Section 900.67	Will this uniform data set be required of all Indian tribe or tribal organizations contracting with the IHS under the Act?
Section 900.68	What is the purpose of this subpart?
Section 900.69	What elements are included in the compensation for a lease entered into between the Secretary and an Indian tribe or tribal
Section 900.70	What type of reserve fund is anticipated for funds deposited into a reserve for replacement of facilities as specified in Sec
Section 900.71	Who is the guardian of the fund and may the funds be invested?
Section 900.72	Is a lease with the Secretary the only method available to recover the types of cost described in Sec
Section 900.73	How may an Indian tribe or tribal organization propose a lease to be compensated for the use of facilities?
Section 900.74	What is the purpose of this subpart?
Section 900.85	How will the Secretary exercise discretion to acquire and donate BIA or IHS excess property and excess and surplus Federal property
Section 900.86	How does an Indian tribe or tribal organization obtain title to property furnished by the Federal government for use in the performance of a
Section 900.87	What should the Indian tribe or tribal organization do if it wants to obtain title to government-furnished real property that includes
Section 900.88	When may the Secretary elect to reacquire government-furnished property whose title has been transferred to an Indian tribe or tribal
Section 900.89	Does government-furnished real property to which an Indian tribe or tribal organization has taken title continue to be eligible for
Section 900.90	Who takes title to property purchased with funds under a self-determination contract or grant agreement pursuant to
Section 900.91	What should the Indian tribe or tribal organization do if it wants contractor-purchased real property to be taken into trust?
Section 900.92	When may the Secretary elect to acquire title to contractor-purchased property?
Section 900.93	Is contractor-purchased real property to which an Indian tribe or tribal organization holds title eligible for facilities operation
Section 900.94	What is BIA or IHS excess property?
Section 900.95	How can Indian tribes or tribal organizations learn about BIA and IHS excess property?
Section 900.96	How can an Indian tribe or tribal organization acquire excess BIA or IHS property?
Section 900.97	Who takes title to excess BIA or IHS property donated to an Indian tribe or tribal organization?
Section 900.98	Who takes title to any land that is part of excess BIA or IHS real property donated to an Indian tribe or tribal organization?
Section 900.99	May the Secretary elect to reacquire excess BIA or IHS property whose title has been transferred to an Indian tribe or
Section 900.100	Is excess BIA or IHS real property to which an Indian tribe or tribal organization has taken title eligible for facilities operation and
Section 900.101	What is excess or surplus government property of other agencies?
Section 900.102	How can Indian tribes or tribal organizations learn about property that has been designated as excess or surplus government property?
Section 900.103	How may an Indian tribe or tribal organization receive excess or surplus government property of other agencies?
Section 900.104	Who takes title to excess or surplus Federal property donated to an Indian tribe or tribal organization?
Section 900.105	If a contract or grant agreement or portion thereof is retroceded, reassumed, terminated, or expires, may the Secretary reacquire
Section 900.106	What property to which an Indian tribe or tribal organization obtains title under this subpart is eligible for replacement
Section 900.107	What does this subpart cover?
Section 900.110	What activities of construction programs are contractible?
Section 900.111	What are construction phases?
Section 900.112	Definitions
Section 900.113	Why is there a separate subpart in these regulations for construction contracts and grants?
Section 900.114	How do self-determination construction contracts relate to ordinary Federal procurement contracts?
Section 900.115	Are negotiated fixed-price contracts treated the same as cost-reimbursable contracts?
Section 900.116	Do these ``construction contract'' regulations apply to planning services?
Section 900.117	Do these ``construction contract'' regulations apply to construction management services?
Section 900.118	To what extent shall the Secretary consult with affected Indian tribes before spending funds for any construction project?
Section 900.119	How does an Indian tribe or tribal organization find out about a construction project?
Section 900.120	What happens during the preplanning phase and can an Indian tribe or tribal organization perform any of the activities involved in
Section 900.121	What does an Indian tribe or tribal organization do if it wants to secure a construction contract?
Section 900.122	What happens if the Indian tribe or tribal organization and the Secretary cannot develop a mutually agreeable contract proposal?
Section 900.123	May the Indian tribe or tribal organization elect to use a grant in lieu of a contract?
Section 900.124	What shall a construction contract proposal contain?
Section 900.125	Shall a construction contract proposal incorporate provisions of Federal construction guidelines and manuals?
Section 900.126	What can be included in the Indian tribe or tribal organization's contract budget?
Section 900.127	What funding shall the Secretary provide in a construction contract?
Section 900.128	How do the Secretary and Indian tribe or tribal organization arrive at an overall fair and reasonable price for the performance of a
Section 900.129	What role does the Indian tribe or tribal organization play during the performance of a self-determination construction contract?
Section 900.130	What role does the Secretary play during the performance of a self-determination construction contract?
Section 900.131	Once a contract and/or grant is awarded, how will the Indian tribe or tribal organization receive payments?
Section 900.132	Does the declination process or the Contract Dispute Act apply to construction contract amendments proposed either by an Indian
Section 900.133	At the end of a self-determination construction contract, what happens to savings on a cost-reimbursement contract?
Section 900.134	May the time frames for action set out in this subpart be reduced?
Section 900.135	Do tribal employment rights ordinances apply to construction contracts and subcontracts?
Section 900.136	Do all provisions of the other subparts apply to contracts awarded under this subpart?
Section 900.137	Can any provision of the regulations under this part be waived?
Section 900.140	How does an Indian tribe or tribal organization get a waiver?
Section 900.141	Does an Indian tribe or tribal organization's waiver request have to be included in an initial contract proposal?
Section 900.142	How is a waiver request processed?
Section 900.143	What happens if the Secretary makes no decision within the 90-day period?
Section 900.144	On what basis may the Secretary deny a waiver request?
Section 900.145	Is technical assistance available for waiver requests?
Section 900.146	What appeal rights are available?
Section 900.147	How can an Indian tribe or tribal organization secure a determination that a law or regulation has been superseded by the
Section 900.148	What decisions can an Indian tribe or tribal organization appeal under this subpart?
Section 900.150	Are there any appeals this subpart does not cover?
Section 900.151	How does an Indian tribe or tribal organization know where and when to file its appeal from decisions made by agencies of
Section 900.152	Does an Indian tribe or tribal organization have any options besides an appeal?
Section 900.153	How does an Indian tribe or tribal organization request an informal conference?
Section 900.154	How is an informal conference held?
Section 900.155	What happens after the informal conference?
Section 900.156	Is the recommended decision always final?
Section 900.157	How does an Indian tribe or tribal organization appeal the initial decision, if it does not request an informal conference or
Section 900.158	May an Indian tribe or tribal organization get an extension of time to file a notice of appeal?
Section 900.159	What happens after an Indian tribe or tribal organization files an appeal?
Section 900.160	How is a hearing arranged?
Section 900.161	What happens when a hearing is necessary?
Section 900.162	What is the Secretary's burden of proof for appeals from decisions under Sec
Section 900.163	What rights do Indian tribes, tribal organizations, and the government have during the appeal process?
Section 900.164	What happens after the hearing?
Section 900.165	Is the recommended decision always final?
Section 900.166	If an Indian tribe or tribal organization objects to the recommended decision, what will the Secretary of Health and Human
Section 900.167	Will an appeal hurt the Indian tribe or tribal organization's position in other contract negotiations?
Section 900.168	Will the decisions on appeals be available for the public to review?
Section 900.169	What happens in the case of emergency reassumption or suspension or withholding or delay of payments?
Section 900.170	Will there be a hearing?
Section 900.171	What happens after the hearing?
Section 900.172	Is the recommended decision always final?
Section 900.173	If an Indian tribe or tribal organization objects to the recommended decision, what will the Secretary of Health and Human
Section 900.174	Will an appeal hurt an Indian tribe or tribal organization's position in other contract negotiations?
Section 900.175	Will the decisions on appeals be available for the public to review?
Section 900.176	Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart?
Section 900.177	What does this subpart cover?
Section 900.180	What definitions apply to this subpart?
Section 900.181	What other statutes and regulations apply to FTCA coverage?
Section 900.182	Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover?
Section 900.183	Is there a deadline for filing FTCA claims?
Section 900.184	How long does the Federal government have to process an FTCA claim after the claim is received by the Federal agency, before a
Section 900.185	Is it necessary for a self-determination contract to include any clauses about Federal Tort Claims Act coverage?
Section 900.186	Does FTCA apply to a self-determination contract if FTCA is not referenced in the contract?
Section 900.187	To what extent shall the contractor cooperate with the Federal government in connection with tort claims arising out of the
Section 900.188	Does this coverage extend to subcontractors of self-determination contracts?
Section 900.189	Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the performance of a
Section 900.190	Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA?
Section 900.191	What employees are covered by FTCA for medical-related claims?
Section 900.192	Does FTCA coverage extend to individuals who provide health care services under a personal services contract providing services in a
Section 900.193	Does FTCA coverage extend to services provided under a staff privileges agreement with a non-IHS facility where the agreement
Section 900.194	Does FTCA coverage extend to the contractor's health care practitioners providing services to private patients on a fee-for-services
Section 900.195	Do covered services include the conduct of clinical studies and investigations and the provision of emergency services, including the
Section 900.196	Does FTCA cover employees of the contractor who are paid by the contractor from funds other than those provided through the
Section 900.197	Are Federal employees assigned to a self-determination contractor under the Intergovernmental Personnel Act or detailed under
Section 900.198	Does FTCA coverage extend to health care practitioners to whom staff privileges have been extended in contractor health care facilities
Section 900.199	May persons who are not Indians or Alaska Natives assert claims under FTCA?
Section 900.200	How should claims arising out of the performance of medical-related functions be filed?
Section 900.201	What should a self-determination contractor or a contractor's employee do on receiving such a claim?
Section 900.202	If the contractor or contractor's employee receives a summons and/or a complaint alleging a tort covered by FTCA, what should
Section 900.203	Is FTCA the exclusive remedy for a non-medical related tort claim arising out of the performance of a self-determination contract?
Section 900.204	To what non-medical-related claims against self-determination contractors does FTCA apply?
Section 900.205	What employees are covered by FTCA for non-medical-related claims?
Section 900.206	How are non-medical related tort claims and lawsuits filed for IHS?
Section 900.207	How are non-medical related tort claims and lawsuits filed for DOI?
Section 900.208	What should a self-determination contractor or contractor's employee do on receiving a non-medical related tort claim?
Section 900.209	If the contractor or contractor's employee receives a summons and/or complaint alleging a non-medical related tort covered
Section 900.210	What does this subpart cover?
Section 900.215	What other statutes and regulations apply to contract disputes?
Section 900.216	Is filing a claim under the CDA our only option for resolving post-award contract disputes?
Section 900.217	What is a claim under the CDA?
Section 900.218	How does an Indian tribe, tribal organization, or Federal agency submit a claim?
Section 900.219	Does it make a difference whether the claim is large or small?
Section 900.220	What happens next?
Section 900.221	What goes into a decision?
Section 900.222	When does an Indian tribe or tribal organization get the decision?
Section 900.223	What happens if the decision does not come within that time?
Section 900.224	Does an Indian tribe or tribal organization get paid immediately if the awarding official decides in its favor?
Section 900.225	What rules govern appeals of cost disallowances?
Section 900.226	Can the awarding official change the decision after it has been made?
Section 900.227	Is an Indian tribe or tribal organization entitled to interest if it wins its claim?
Section 900.228	What role will the awarding official play during an appeal?
Section 900.229	What is the effect of a pending appeal?
Section 900.230	What is an organizational conflict of interest?
Section 900.231	What must an Indian tribe or tribal organization do if an organizational conflict of interest arises under a contract?
Section 900.232	When must an Indian tribe or tribal organization regulate its employees or subcontractors to avoid a personal conflict of interest?
Section 900.233	What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to be regulated
Section 900.234	What personal conflicts of interest must the standards of conduct regulate?
Section 900.235	May an Indian tribe elect to negotiate contract provisions on conflict of interest to take the place of this regulation?
Section 900.236	What does retrocession mean?
Section 900.240	Who may retrocede a contract, in whole or in part?
Section 900.241	What is the effective date of retrocession?
Section 900.242	What effect will an Indian tribe or tribal organization's retrocession have on its rights to contract?
Section 900.243	Will an Indian tribe or tribal organization's retrocession adversely affect funding available for the retroceded program?
Section 900.244	What obligation does the Indian tribe or tribal organization have with respect to returning property that was used in the operation of
Section 900.245	What does reassumption mean?
Section 900.246	Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption?
Section 900.247	In a non-emergency reassumption, what is the Secretary required to do?
Section 900.248	What happens if the contractor fails to take corrective action to remedy the contract deficiencies identified in the notice?
Section 900.249	What shall the second written notice include?
Section 900.250	What is the earliest date on which the contract will be rescinded in a non-emergency reassumption?
Section 900.251	In an emergency reassumption, what is the Secretary required to do?
Section 900.252	What shall the written notice include?
Section 900.253	May the contractor be reimbursed for actual and reasonable ``wind up costs'' incurred after the effective date of rescission?
Section 900.254	What obligation does the Indian tribe or tribal organization have with respect to returning property that was used in the operation of the
Section 900.255	Will a reassumption adversely affect funding available for the reassumed program?
Section 900.256	Authority