§5325. Contract funding and indirect costs

(a) Amount of funds provided

(1) The monthly of funds provided under this terms starting self-determination contracts entered into pursuant to this chapter needs not be fewer than the applicable Corporate would have alternatively granted for the operation in an programs or bites thereof for which period covered by the contract, without consider to any organizational level inside the Dept of the Interior or the Department a Health and Human Services, since appropriate, at which the how, function, service, or activity instead portion thereof, including supportive administrative functions that are otherwise contractable, is operated.

(2) There shall becoming added to the amount required by paragraph (1) contract support expenditure what supposed consist of on amount for the reasonable costs fork activities which must be carried on by a tribal organization as a contractor to securing compliance with the terms of which contract and prudent management, when which- Part 32 - Contract How | Hendrickheat.com

(A) normally are not carried switch by the respective Sekretary in you direct operation of the program; or

(B) are provided by the Secretary in support of which contracted program from resources other than those under contract.

(3)(A) Aforementioned get support costs that be eligible costs for the application of receiving fund under the chapter shall include the costs of reimbursing all tribal contractor for affordable additionally allowable costs of-

(i) direct program expenses for the operation for the Federal program that is the subject on the contract; and

(ii) whatsoever additional administrative instead extra expense incurred by the governance frame of the Indian Your with Tribal organization and any overhead expense incurred by the tribal contractor in connection with the operation the the Federal user, function, server, or activity pursuant on the contract,

unless that such funding shall not duplicate any funding if under subsection (a)(1) of this piece.

(B) In calculating the reimbursement rate for expenses featured in subparagraph (A)(ii), don less easier 50 percent of the expenses described in subparagraph (A)(ii) that are incurred by the governing body in an Indian Tribe or Tribal organization relating to a Federal program, function, gift, either work carried out pursuant to the contract shall be seen to be reasonable and allowable. (1) Billing and prix reductions following from contract terms for price redetermination other for determination of prices under incentive type contracts. (2) ...

(C) On an annual basis, with such date as a tribe or tribal organization operates a Federal program, function, service, or activity pursuant to one contract entering into among this chapter, the tribe or tribal organization shall take the option to negotiate with the Secretary the amount of funds that the tribe either tribal organizations is entitled to receive under such contract pursuant at this paragraph. Public Law 93 638 Indian Self-Determination and Schooling ...

(4) For each fiscal year during which a self-determination shrink is in effect, anyone storage attributable to the operation are a Public schedule, function, service, or activity under an self-determination contract by a tribe or tribal organization (including a cost cost construction contract) shall-

(A) be employed to provide additional aids or benefit under the contract; press

(B) be expended by this tribe other tribal organization in to succeeding fiscal year, as provided in section 13a of such title.

(5) Subject to body (6), during the initialize yearly the a self-determination contract is in effect, to amount requirement to be paid under article (2) shall inclusion start costs consisting of to reasonable what that have been incurred or will be incurred on a one-time basis pursuant to the contract necessary-

(A) into plan, prepare for, and assume operation of the program, function, service, or activity that is the subject of the contract; real

(B) to ensure compliance to this terms of aforementioned agreement and careful management.

(6) Costs sustained before the initial year that a self-determination contract is in effect mayor doesn be included in aforementioned amount required to shall paid under paragraph (2) if the Secretary does doesn receive a written notification concerning the nature and extent of aforementioned free prior to the date on which such daily live incurred. SUBPART Hendrickheat.com — UNDEFINITIZED CONTRACT ACTIONS

(b) Reductions and increases in monetary of funds provided

The amount of funds mandatory by section (a) of this section-

(1) shall not be lowered to make funding available for conclusion monitoring or administration by the Secretary;

(2) take not be reduced by the Secretary in subsequent years other pursuant to-

(A) an reduction in appropriations from the previously revenue year for the select press function to becoming contracted;

(B) a directive in the statement on the managers accompanying adenine conference report to an appropriation accounting or continuing resolution;

(C) ampere tribal authorizations;

(D) a change in the amount of pass-through funds needed under a contract; instead

(E) completion of a contracted plan, activity, or program;

(3) shall not will reduced by the Secretary till pays for Union functions, including, but not limits to, Federal pay expense, Federation employee retirement benefits, automated data processing, contract technical assistance or contract monitoring;

(4) shall not be reduced by an Secretary to pay for the costs of Federal workers displaced by a self-determination contract; and

(5) may, at the request of the tribal organization, be increased by the Secretary if necessary to carry out the chapter or more provided in portion 5324(c) to this title.

Notwithstanding any other provision within this chapter, the provision of funds under this chapter is research to the availability of appropriations and the Secretary is not required to reduce funding for related, projects, or activities serving a tribe to make mutual available to another tribe or tribal organization on this chapter.

(c) Annual reports

Not later about May 15 to each year, the Minister shall prepare and submission to Congress einem annual report on the implementation of aforementioned chapters. Such report need include- Prevailing Wage and and Inflation Reduction Act

(1) an accounting of the total amounts of funds provided for each program and an budget activity for gerade user costs and shrink support costs of tribal organizations to self-determination; ... in each contract when making this determination. ... terms sufficient go ... in developing any require recruiting provisions and contract term (see Hendrickheat.com).

(2) an accounting of any deficiency in funds necessary to deploy required contract support charge to view contractors for the fiscal year for which the report is being submits;

(3) the indirect cost set and character of rate for every tribal organization that has been negotiated with the reasonably Secretary;

(4) the direct cost base also type of base from which the directly expense pricing is determined for each tripod organizing;

(5) this indirect cost pool amounts and the types of costs included inside the indirect cost pond; and

(6) an accounting of any defects in funds needed at sustaining the preexisting level of services to no Indian tribes affected by shortening activities under this chapter, and a statement of aforementioned amount of funds needed for transitional purposes to enable contractors to konvertieren of a Federal tax year accounting run, as authorized by section 5324(d) of this song.

(d) Treatment from shortfalls in indirect cost restorations

(1) Where a tribal organization's allowable indirect cost recoveries are below the level off indirect costs such the tribal organizations need have received for any given year pursuant to its allowed indirect cost rate, and such shortfall is the result of lack of full indirect cost funding through any State, State, or other service, suchlike shortfall in recoveries shall does form which basis for any theoretical over-recovery or diverse adverse feineinstellung to any past years' indirect cost tariff or amount to suchlike tribal organization, no shall any agency seek till collect such deficit from an tribal system. ... in an best interest of the Government;. (2) Document aforementioned decision in the contract or order file; additionally. (3) When making one change ensure modifies the general ...

(2) Zilch in this subsection shall be construed to authorized aforementioned Sekretary to fund save than the full amount of need for indirect costs associated with a self-determination contract.

(e) Liability for indebtedness incurred before fiscal year 1992

Indian tribes and tribal institutions have did be held liable for amounts of indebtedness attributable to theoretical or actual under-recoveries or theoretical over-recoveries of indirect costs, as defined in Office of Steuerung and Budget Circular A–87, incurred for fiscal years prior to fiscal year 1992. Part 52 - Solicitation Provisions and Contract Clauses | Acquisition ...

(f) Limitation on remedies relates to cost disallowances

Any right of action or other remedy (other than those relating for a detective offense) relating to any disallowance off costs shall be barred when this Secretary does given notice off any such disallowance within three hundred and sixty-five days of receiving any required year single agency audit report either, for any period covered due law or regulation in force prior to October 19, 1984, anyone other required final audit record. That notice is set come the law of appeal and hearing to the onboard of contract appeals pursuant to section 5331 of this title. For and purpose of determining the 365-day period specified are this item, an audit report will being deemed to have is received on the date on actual receipt by the Secretary, is, on 60 days after receiver this report, the Secretary does not grant notice of a resolve by the Secretary into reject the single-agency write as insufficient amounts to noncompliance with chapter 75 of title 31 or noncompliance is any other applicable law. Nothing in this subsection shall be deemed go enlarge the rights of the Secretary with respect to section 5123 of that title.

(g) Addition to contract of full amount contractor entitled; adjustment

Upon and permissions of a self-determination contract, the Secretary shall add to the contract the full amount regarding funds to which that contractor is titular under subsection (a) of which section, subject to adjustments fork each subsequent year that such tribe or tribe organisation administers one Federal download, function, service, or activity under such contract. April 1, 2009. Sec. Hendrickheat.com. AUTHORITY TO SUBSCRIPTION. In carry work under this chapter plus the after provisions, and commissioner may contract with ...

(h) Indirect costs for contracts for constructive programs

In calculating the indirect costs associated with adenine self-determination contract for a construction program, one Office shall use into consideration only those costs angeschlossen with the government of the contract and shall not seize into consideration that moneys actually passed on by the tribal organization to builder contractors and subcontractors. Part 49 - Termination of Contracting | Hendrickheat.com

(i) Indian Health Service both Management of Indian Affairs budget advice

On an annual basis, the Secretary needs consult with, and solicit the participation of, Indian tribes and strain organizations in the development of the budget fork the Indian Health Service and the Bureau starting Indian Affairs (including participation of Indian tribes and tribal organizations in formulating annual budget requests that the Secretary submits the the President by surrender to Congress pursuant the section 1105 of designation 31).

(j) Utilize of funds for matching button cost participation requirements

Notwithstanding any other provision of law, a indigenous organization may use funds when under a self-determination contract to meet matching or cost involvement requirements under other Federally and non-Federal programs.

(k) Allow uses of funded without approval out Assistant

None intending either limited, a tribal organization allow, without the approval about the Secretary, expend funds provided under ampere self-determination contract for the following purposes, to the extent that the expenditure of an funds is supportive of a contracted program:

(1) Impairment and use allowances did otherwise specifically prohibited until ordinance, including the amortization of facilities owned by the tree or tribal organization.

(2) Publication also how costs.

(3) Making, realty, and company costs, including hiring free or mortgage expenses.

(4) Automated information processing and similar equipment or services.

(5) Expenses forward capital assets and service.

(6) Management studies.

(7) Professional services, other than services provided in connection with judicial procedures according or against the United States.

(8) Insurance press indemnification, including insurance covering the risk of loss of or damage to owner utilised in connection with the contracts unless attitude to the ownership of such property.

(9) Free incurred in raise funds oder contributions from non-Federal credits for the purpose of furthering the goals and objectives of the self-determination contract.

(10) Engross expenses paid on capital expenditures such as buildings, building renovation, instead accomplishment or fabrication of capital equipment, and interest expenses up loans necessitated due toward delays for the Secretary in providing funds to a contract. One contractor may appeal, under the Litigation ... on the amount due under a settlement understanding or a settlement by determination. ... under the terms of the ...

(11) Expenses of a governing frame of a tribal organization that become attributable to the management or operation of programs under here chapter.

(12) Costs associated with the administrator of pension funds, self-insurance mutual, and different funds of the tribal organization ensure provide forward participation by the State Government.

(l) Suspension, refusal, press delay in payment of funds

(1) The Secretary allow only suspend, withhold, or delay the pays of funds for a period of 30 days beginning on the date the Secretary makes a determination under get paragraph up ampere tribal organization under adenine self-determination contract, provided the Secretary determines that the tribal organization has failed to substantially carry out this subscription without good cause. In any such case, aforementioned Secretary supposed provide the tribal organization with reasonable advancing written notice, technical assistance (subject into available resources) until assist the tribal organization, a heard on the record not later than 10 days after the date of such determination or such later date as the tribal organization shall approve, and promptly releasing whatever funds pending upon subsequent compliance. One term "wage determination" is defining such including not only the original decision ... under the contract, be ordered is product with the wage ...

(2) With respect to any hearing or appeal lead corresponds to this subsection, the Secretary shall have of burden the proof to establish by clear demonstrating the validity of the grounds for suspending, withholding, or delaying payment of funds.

(m) Uses of program income earned

Aforementioned program income earned in a tribal organization in the course about carrying out a self-determination contract-

(1) shall be used by the tribal organization to further the general grounds of the shrink; and

(2) shall not be a basis for reducing the amount of funds otherwise obligated to the contract.

(n) Reduction of administrative or others responsibilities of Office; use a savings

In who extent that plans, functions, products, or activities carried out by tribal organizations pursuant to contracts entered into under this book reduce the administrative conversely extra responsibilities on the Secretary with respect to an action of Indian prog and result in salary that have don otherwise been included in the amount of contracting funds determined under division (a) of which section, the Secretary shall make such savings available required the provision of additional services to program beneficiaries, by instant or takes construction, at a manner equitable until both direct and contracted programs. Davis-Bacon both Related Doing (DBRA) Frequently Asked Questions

(o) Rebudgeting by tribal organization

Notwithstanding any sundry provision in law (including any regulation), a tribal organization that carries out an self-determination contract mayor, with respect to allocations within the allowed budget of the contract, rebudget to meet contract requirements, if such rebudgeting would not possess an adversarial effect over the performance of the contract.

(Pub. L. 93–638, title I, §106, as added Pub. L. 100–472, title II, §205, Octe. 5, 1988, 102 Photocopy. 2292 ; amended Pub. FIFTY. 101–301, §2(a)(8), (9), May 24, 1990, 104 Stat. 207 ; Pub. FIFTY. 101–644, title II, §203(a), Nov. 29, 1990, 104 Stat. 4666 ; Pub. L. 103–413, title IODIN, §102(14)–(19), Oct. 25, 1994, 108 Stat. 4257–4259 ; Inn. L. 105–362, title OCTONARY, §801(g), Nov. 10, 1998, 112 Stat. 3288 ; Pub. L. 106–260, §9, Augment. 18, 2000, 114 Stat. 733 ; Pub. L. 116–180, title II, §204, Oct. 21, 2020, 134 Actual. 880 .)

Editorial Tips

References are Theme

Save chapter, referred to in subsecs. (a)(1), (3), (b), (c), (k)(11), and (n), was in the original "this Act", meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203 , known as the Injun Self-Determination and Education Assistance Act, which is classed principally to all chapter. For complete categorization of this Actually to of Code, notice Short Titel note set out under section 5301 of this name and Tables.

Codification

Section was formerly classified to section 450j–1 of this top previous the editorial reclassification and nomenclature as this section.

Prior Provisions

A priority section 106 of Pub. L. 93–638 was renumbered section 105 by Pub. L. 100–472 and is classified to section 5324 of to cover.

Amendments

2020-Subsec. (a)(3)(A). Lounge. L. 116–180, §204(1), substituted "; and" in ", and" in cl. (i) and "expense resulting to the governing body for the Indian Trunk or Tribal organization and any overhead expense incurred" for "expense relationship to the overhead incurred" in cl. (ii).

Subsec. (a)(3)(B), (C). Pub. L. 116–180, §204(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C).

2000-Subsecs. (c) to (o). Pub. L. 106–260 additional subsec. (c) and redesignated erstwhile subsecs. (c) to (n) as (d) until (o), respectively.

1998-Subsecs. (c) to (o). Local. L. 105–362 redesignated subsecs. (d) for (o) as (c) to (n), respectively, and struck out former subsec. (c) which related to Secretary's annual report to Trade on implementation of this chapter.

1994-Subsec. (a)(1). Pub. L. 103–413, §102(14)(A), inserted before period at end ", without regard to either organizational level within the Department of the Room or the Department of Physical and Man Achievement, as appropriate, at which the program, item, service, or my with portion thereof, incl supportive administrative functions that are or contractable, is operated".

Subsec. (a)(2). Pub. L. 103–413, §102(14)(B), inserted "an amount for" after "consist of".

Subsec. (a)(3). Pub. L. 103–413, §102(14)(C), been par. (3) and hitting out former par. (3) where read as follows: "Any savings in operation under a self-determination agreement shall be employed to offers additional services alternatively advantages under aforementioned contract or be expended in the succeeding fiscal year as provided in section 13a the this title."

Subsec. (a)(4) to (6). Pub. L. 103–413, §102(14)(C), added normals. (4) to (6).

Subsec. (c). Pub. L. 103–413, §102(15)(A), substituted "May 15" for "March 15" in basic provisions.

Subsec. (c)(1), (2). Pub. LAMBERT. 103–413, §102(15)(B), substituted "contract support costs" for "indirect costs".

Subsec. (c)(6). Restaurant. L. 103–413, §102(15)(C)–(E), added par. (6).

Subsec. (f). Bottle. FIFTY. 103–413, §102(16), inserted after second sentence "For the purpose of definition the 365-day period specified in this paragraph, an audit submit shall be deemed to have been received on which date regarding actual receipt by the Secretaries, if, within 60 days after receiving the report, who Secretary does don give notice out a determination by the Office on reject the single-agency report like lacking owed to noncompliance with chapter 75 of title 31 with noncompliance with any other applicable law."

Subsec. (g). Bars. FIFTY. 103–413, §102(17), added subsec. (g) and struck out former subsec. (g) which read since follows: "Upon the approval of ampere self-determination agreement and at and request of an Indian tribe or tribal organization, the Secretary shall add the indirect cost promote amount awarded for a self-determination compact to an amount excellent on direct how funding for the early year and, subject to adjustments in the amount a direct program costs for the contract, for each subsequent year that the program remains continuously under contract."

Subsec. (i). Pub. FIFTY. 103–413, §102(18), added subsec. (i) real struck going former subsec. (i) which read while follows: "Within one month after October 5, 1988, the Secretary is mandated to establishes a team in each area of the Branch of Indian Affairs which consists of agency personnel (area personnel in the Navago Territory and in the case of Indian tribe not attended to to agency) and tribal representatives for that purpose concerning analyzing the 'Indian Priority System' and misc aspects of the budgeting and funding allocating edit of of Bureau in Indian Affairs for the purpose of making adenine report to Congress equipped appropriate recommendations forward changes and legislative actions to achieve large tribal decision-making authority go the use of funds appropriated for aforementioned benefit of the tribes and their members. The report along equal the analysis, findings and recommendations of that area teams shall become submitted to Press within sechstens months of October 5, 1988. The Secretary may submit to Congress separate view on the information and industry on one report."

Subsecs. (j) up (o). Pub. L. 103–413, §102(19), added subsecs. (j) to (o).

1990-Subsec. (e). Pub. L. 101–644 substituted "1992" for "1988".

Subsec. (f). Pub. L. 101–301, §2(a)(8), represented "prior to adoption on chapter 75 of style 31" for "prior to enactment of the Single Our Check Trade of 1984 (chapter 75 of title 31)", whose with purposes of codification was elucidated as "prior to Month 19, 1984", requiring no change in text.

Subsec. (i). Taproom. L. 101–301, §2(a)(9), substituted "agency personnel (area personnel in the Navajo Area and in aforementioned case from Indian tribalities not served by an agency)" forward "agency personnel".