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Date :
16 Oct 2019
19 Oct 2019

Why Should I Attend?

Federal awards under Pub. L. 93-638, Indian Self-Determination & Education Assistance Act, are not typical Federal procurement agreements.  The awards are Government-to-Government agreements between agencies of the Department of the Interior, and Department of Health & Human Services, and tribal sovereign nations.  In that regard, Public Law 93-638, the Indian Self-Determination & Education Assistance Act (Act) recognizes tribal sovereignty and tribal nations’ right to assume direct control and operation of Federal programs provided to tribes by the two Federal departments.  Federal procurement regulations are waived.

While agreements under the Act are not Federal procurement agreements, they must be formally approved by an authorized Federal line official; negotiated between an Indian tribe and a duly authorized and delegated Awarding Official.  The awards must be monitored by Awarding Officials, and technical assistance provided to tribes by AOTRs.  To perform the duties, Awarding Officials and AOTRs must have comprehensive knowledge of the Act, implementing regulations, Federal audit requirements, governmental accounting, financial reporting; and doctrines of tribal sovereignty.  This Practicum is the most comprehensive training for Federal Awarding Officials and Line Officers found anywhere.  Attendees will learn the tenets of the Indian Self-Determination Act, tribal sovereignty doctrines, tribal rights; contract law fundamentals, accounting and audit rules. The course is also open to tribes and tribal organizations.

What Will I Learn?

  • An Overview of Pub. L. 93-638 (the Act)
  • Why are Pub. L. 93-638 contracts different from Federal procurement awards?
    • What is Tribal Sovereignty?
    • Fundamentals of Federal Contract Law
    • Tribal Planning and Preparing to Contract
      • Roles of Federal Line Officers & Awarding Officials
      • Detailed Review of Implementing Regulations
      • Review of Federal Policies, Manuals, Directives
    • L. 93-638 Contract Preparation & Application Process
      • Model 108 Contracts vs Subpart J Contracts
      • Construction Contracting – Subpart J
      • Contract Declination Process & Appeals Process
      • Self-Determination Contracts, Grants & Cooperative Agreements – Terms and Conditions
      • Secretarial Funding Levels & Funding Protections
      • Direct Costs and Indirect Costs (Contract Support Costs) – Cost Allocation Methodology
      • Indirect Cost Rate Proposals and Types of Indirect Cost Rates
    • Delegation of Awarding Authority and Appurtenant Federal Policies and Procedures
      • Role and Responsibilities of the Approval Official
      • Role and Responsibilities of the Awarding Official and Awarding Official’s Technical Representative
    • Contract Administration (Modifications, Carryover of Funds, Property Management, Subcontracting, Reporting, Records Management)
      • Contract Monitoring, On-Site Visits
      • Contract Performance Issues & Follow Up Actions
  • Contract Administration
    • Technical Assistance Mandates
    • Tribal Management Policies & Procedures
    • Contract Reassumption and Retrocession Procedures
    • Developing Contract Statements of Work
  • Contract Appeals; Contract Disputes and Contract Disputes Act; Alternative Dispute Resolution Act; Third-Party Mediation
  • Federal Tort Claims Act
  • Professional Code of Conduct
    • Conflicts of Interest Rules & Code of Ethics
  • Review of OMB Super Circular Impacts on Pub. L. 93-638
    • Federal Cost Principles (OMB Super Circular & Pub. L. 93-638)
    • OMB Super Circular Subpart F – Audit Requirements
    • Audit Act & Audit Follow Up
    • Role & Responsibility of the Awarding Officials (Corrective Action Plans, Management Decisions)
  • Case studies; Court Decisions

Who Should Attend?

Departments of Interior & Health & Human Services Awarding Officials, Awarding Officials’ Technical Representatives, Federal Approving Officials, other Federal Line Officers.

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