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Federal Contract And Grant Opportunities Training Series

Federal Contract And Grant Opportunities Training Series

KIVA provides the following courses designed to educate and advise tribes and tribal organizations of various federal laws that are available to tribes to receive assistance in developing their communities and serving the needs of their communities.  Scroll down to view session descriptions.

$850  Indian Self-Determination Act: Law & Administration (3 Days)

The Indian Self-Determination Act is unique that authorizes tribal nations to take direct control of federal services offered by the Department of the Interior and Department of Health & Human Services for the benefit of American Indians. The Act is about tribal sovereignty, and how the tribes can use the Act to strengthen their governments, protect their sovereignty, and provide direct and effective services to their members. The Act allows tribes to shape these programs in a manner that will be more responsive to the needs of tribal nations. Agreements under the Act are not federal procurement contracts. They are government-to-government agreements.

Unfortunately, while the Act has been in place for over 40 years, very few tribes know the full extent of the Act; and do not know how to exercise their rights and how to exercise their sovereign rights, much less understand how to interpret it. Because tribes do not know of their rights, they are not fully asserting their rights under their agreements with the federal government.

This course provides is the most comprehensive course on the Indian Self-Determination Act found anywhere in Indian Country. It includes an analysis of the Act and implementing regulations to highlight tribal rights. It covers the rights afforded tribal nations under the Act. KIVA’s founder played a key role in developing regulations that implement the Act. He also developed various policies for the federal government that implements the Act.

Who Should Attend?

Tribal council members, chartered organizations school boards, health boards, tribal, program directors and managers; tribal grants/contracts staff, finance and accounting staff; tribal attorneys, tribal consultants. Federal officials and federal awarding officials, federal contracting officers and their subordinates should also attend.

What Will I Learn?

  • Evolution of Federal Indian Law
  • Full Analysis of the Act and Regulations
  • Tribal Sovereign Rights under the Act
  • Tribal Right to Contract all or a Portion of Programs
  • Differences Between Agreements under the Act and Federal Procurement Contracts
  • Contract Declination Criteria and Process
  • Contract Appeals and Disputes
  • Secretarial Funding Levels and Funding Protections
  • Indirect Costs Rates and How They Work
  • Consequences of Indirect Cost Funding Shortfalls
  • Impacts of OMB Super Circular on the Act
  • Special Cost Principles under the Act; and OMB Cost Principles
  • Contract Administration under the Act
  • Overview of Construction Contracting under the Act
  • Single Audit Act and Audit Compliance Supplement
  • Model 108 Contract & Annual Funding Agreements
  • Contract Administration, Reporting, Closeout, Carryover of Savings

$850  Self-Governance Compacts under Pub. L. 93-638 (3 Days)

The Indian Self-Determination Education and Assistance Act, Pub. L. 93-638 was amended in 1988 by Pub. L. 100-472 to provide for significant reforms, and to address administrative issues that seemed to persist in Indian Country. Some of the changes addressed the lack of full funding for direct costs (Secretarial Funding Levels) that included shortfalls in Contract Support Costs. Another significant change was Construction Contracting under the Act. But a significant change was the manner in how tribes may not have agreements directly with the Assistant Secretary or Director with the Department of Interior and Department of Health & Human Services, bypassing the local and regional federal offices. The amendments included a new title in the Act, at Title III – Self-Governance Demonstration Pilot Project implemented Pub. L. 1-3-413, the Tribal Governance Act of 1994. Title III provided a place holder for the demonstration project and allowed the demonstration project to develop, resulting in the passage of several titles under the Act that allowed for permanent self-governance projects between tribal nations and the Secretaries of the Interior and Health & Human Services.

This course provides an overview of the Indian Self-Determination Act: Contracts and Compacts, by providing a comprehensive overview of Title I of the Act concerning self-determination contracts, both construction and non-construction contracts. It then provides an overview of Title IV – Tribal Self-Governance under the Department of the Interior, Title V – Self-Governance Amendments; Title VI – Tribal Self-Governance under the Department of Health & Human Services. It covers implementing regulations at 25 CFR Part 900 (Self-Determination Contracts); and 25 CFR Part 1000 (Self-Governance Compacts).

Who Should Attend?

Tribal council members, tribal administrators, tribal finance and accounting staff, tribal grants and contracts staff, tribal attorneys, tribal consultants; federal line officers and awarding officials.

What Will I Learn?

  • Tribal sovereign rights to enter into agreements under Pub. L. 93-638
  • Foundational principles under Title I of the Act; and which set the foundation for Self-Governance Compacts
  • Evolution of Federal Indian Law & Policy
  • Brief history and tenets of Indian Self-Determination Act
  • Funding provisions under the Act; and the right to full funding
  • In-depth review of Title IV – Self-Governance with DOI
  • In-depth review of Title V – Self-Governance Amendments
  • In-depth review of Title VI – Self-Governance with DHHS
  • Processes for participating in Self-Governance Compacts
  • Comparisons between the various titles under the Act
  • Reporting requirements under Self-Governance Compacts
  • Funding provisions and Annual Funding Agreements (AFAs)
  • Contractibility and compatibility of programs
  • Redesign of programs
  • Construction projects
  • In-depth review of 25 CFR Part 1000 (Tribal Self-Governance)

$850  Construction Contracting under the Indian Self-Determination Act (3 Days)

Construction contracting under Pub. L. 93-638 is very different from typical commercial construction contracting. Construction contracts entered into between tribal nations and the federal government are not “procurement contracts”. Federal procurement rules are waived so federal procurement rules like the Federal Acquisition Regulations (FAR) do not apply to these contracts. Stringent rules are avoided. Tribes do not have to “compete and qualify for” construction contract as the tribes are presumed to be capable of contracting for construction projects.

This course provides special insight into the unique provisions for construction projects under the Indian Self-Determination Act and focusing on Subpart J of the implementing regulations. It provides guidance on how to apply and exercise tribal sovereign rights and protections, tribal employment and contracting laws; waiver of tribal sovereign immunity, contract dispute resolution and mediation processes. If tribes have their own construction companies, then certain federal laws such as the Davis-Bacon Act are waived.

This 3-day course covers various phases of the construction process including pre-construction planning, design, contract proposal process, construction standards, subcontracting rules, bonding requirements (Miller Act), Indian preference, engineers’ cost estimates, fixed price vs. cost-reimbursement contracts, advance payment schedules, indirect costs vs. fixed fees, Contract Disputes Act. The course includes detailed instruction on the National Environment Policy Act (NEPA) process and the National Historic Preservation Act (NHPA) compliance requirements.

Who Should Attend?

Tribal councils, school boards, health boards, federal awarding officials and their subordinates, tribal and federal project managers, tribal engineers, tribal administrators, tribal finance staff, tribal purchasing staff, tribal consultants, attorneys; construction contracting firms.

What Will I Learn?

  • Overview of the Indian Self-Determination Act with a special emphasis on construction contracting
  • Differences between commercial contracting and contracting under the Indian Self-Determination Act
  • In-depth review of 25 CFR Part 900, Subpart J – Construction Contracting regulations.
  • Roles and responsibilities of tribes and federal funding agencies, including the role of the federal awarding official and their subordinates
  • Different types of construction contracts and types of fixed-price contracts
  • Contract bidding process including development of project specifications, development of bid specifications, conducting bid opening, contract negotiation, and award
  • How to develop contracts and subcontracts taking into account tribal sovereign rights, tribal laws, bonding, and insurance requirements.
  • How to harness NEPA and NHPA as planning tools to make projects more efficient and more beneficial to the host communities.
  • Contract administration and oversight, including monitoring, inspections, payment requests; changes, claims, dispute management, subcontract management; building systems and warranties and closeout
  • Negotiation tips and techniques

$850  FAST Act: Contracting Tribal Transportation Programs (3 Days)

Federal highway legislation has been undergoing tremendous changes in recent years, from Safe, Accountable, Flexible, Efficient, Transportation Equity Act – A Legacy for Users (SAFETEA-LU), to Moving Ahead for Progress in the 21 Century (MAP-21); and now the new legislation, “Fixing America’s Surface Transportation Act (FAST Act). FAST Act extends the authorization for federal highways and highway safety programs through the Fiscal Year 2020. The FAST Act sets the course for transportation investment in highways by improving mobility on America’s highways, creates jobs and support economic growth; and accelerates project delivery and promotes innovation. The Bureau of Indian Affairs developed transportation regulations in 25 CFR Part 170, meant to provide rules on developing funding methodologies and construction of tribal roads and bridges. Tribal nations and tribal communities are encouraged to develop their Tribal Transportation Plans (TTPs), participate in the development of their needs for input into the National Tribal Transportation Facility Inventory (NTTFI) so they can develop and improve their transportation infrastructure.

This course provides a brief history of various federal transportation legislation and explains the transportation planning and funding methodologies used by the Department of Transportation (Federal Highway Administration) and the Bureau of Indian Affairs. Tribes are entitled to contract for construction projects directly with the Federal Highway Administration under “Program Agreements”, or contract with the Bureau of Indian Affairs under Pub. L. 93-638, Indian Self-Determination & Education Assistance Act. This course provides a comparison of the two contracting avenues.

Who Should Attend?

Tribal councils, construction consultants, federal awarding officials and their subordinates, tribal and federal project managers, tribal engineers, tribal administrators, tribal finance staff, tribal purchasing staff, tribal consultants, attorneys; construction contracting firms.

What Will I Learn?

  • Overview of Federal Transportation Legislation
  • Funding Tribal Transportation Projects (Roads, Bridges, Trails, etc.)
  • Federal Lands Highway (FLH) – What Do They Do?
  • What is the Tribal Transportation Program (TTP)
  • What is the National Tribal Transportation Facility Inventory (NTTFI)
  • Tribal Transportation Planning Decision-Making Process (Long Range Transportation Plan)
  • Overview of the FAST Act
  • Contracting with the Federal Highway Administration (Program Agreements)
  • Contracting under Pub. L. 93-638 with Bureau of Indian Affairs; with Detailed Review of 25 CFR Subpart J - Construction
  • Review of 25 CFR Part 170 – Tribal Transportation Program Regulations
  • Review of 25 CFR Part 900 – Indian Self-Determination Act Regulations
  • Contract Administration & Close Out

$850  Cultural & Environmental Laws: Policies & Advocacy Strategies for Tribal Leaders (3 Days)

Tribal historic and cultural heritage and natural resources are often affected risk by economic and community development on tribal lands. The federal government, as trustee for tribal nations, is required by federal laws to consult with tribes on potential impacts to tribal cultural heritage, historic properties, and natural resources. The National Environmental Policy Act (NEPA) requires the federal trustee to document and analyze potential social and environmental impacts on tribal resources. The National Historic Preservation Act (NHPA) and the Archaeological Resources Protection Act (ARPA) are intended to protect and preserve historic and cultural sites. In the current political climate, one characterized by ignorance and disrespect for tribal properties and resources, it is imperative for tribal leaders to know the rules federal agencies must play by and to hold those agencies accountable. Despite attempts by the current administration to “streamline” and create shortcuts to mine and extract tribal mineral resources, NEPA and NHPA remain in full effect. Federal agencies are required to conduct full and meaningful consultations with tribes, and to do so in accord with government-to-government principles and tribes’ preferences. Because of federal agency failures to follow federal laws and policies, tribal nations are often obliged to develop and adopt appropriate laws to show, rather than tell, federal and state agencies how to manage consultations and conduct full and context-sensitive environmental and cultural assessments. Once these laws are in place, agencies are obliged to follow them, and all parties can appreciate the tribe-specific values, interests, and preferences for taking care of the land, water, air, and cultural heritage threatened by proposed actions.

About 200 Indian tribes now operate Tribal Historic Preservation Offices (THPOs), and many more maintain other duly designated cultural representatives to protect tribal cultural heritage and historic properties. The Indian Self-Determination & Education Assistance Act, Public Law 93-638, allows tribal nations to assume direct operation of federal programs serving tribes, including Historic Preservation Programs. The National Park Service (NPS) provides discretionary funding to tribes for Tribal Historic Preservation Programs and funding for tribal heritage grants and Native American Graves Protection and Repatriation Act (NAGPRA) projects. Most tribal nations do not take full advantage of the benefits of operating these programs under the Indian Self-Determination Act and related authorities.

Who Should Attend?

Tribal council members, tribal environmental and natural resources staff, federal and state environmental professionals, tribal courts staff, tribal attorneys, federal line officials.

What Will I Learn?

KIVA Institute brings experts who have years of experience in Indian Country to help you understand the federal laws that are intended to protect tribal cultural heritage, historic properties, and natural resources. Learn directly from experts who have years of technical expertise in conducting archaeological surveys, conducting technical assessments, developing mitigation measures, and helping federal and state agencies understand their responsibilities to tribes:

  • The fundamentals of the National Historic Preservation Act (NHPA), the National Environmental Policy Act (NEPA), and the Archaeological Resources Protection Act (ARPA) and how to apply these and other federal laws effectively on tribal projects.
  • The fundamentals of the NHPA Section 106 consultation requirements and how tribes can shape the review process to comport with tribal historic and cultural protection laws and preferences.
  • How tribes can hold federal, state and private project proponents accountable for meeting and complying with the NHPA, ARPA and tribal laws.
  • How to mediate environmental, historic and cultural preservation issues and concerns during the NEPA and NHPA Section 106 processes.
  • How tribes can invoke their eligibility and right to participate in federal and state consultation processes, have input into the process, and how to invoke tribal laws in the process.
  • Fundamentals of developing tribal cultural and historic preservation codes.
  • How to prepare and submit nominations of tribal historic properties to the National Register of Historic Places.
  • How to develop strategies to invoke tribal laws on proposed projects; including tribal codes and ordinances, penal provisions; and how to impose tribal sovereign jurisdiction.

$850  Tribal Law &Order Act (TLOA) (3 Days)

Congress passed the Tribal Law and Order Act (TLOA), Public Law 111-211, on July 29, 2010, to provide authority and funding for tribal nations to enhance their tribal justice systems. TLOA was intended to clarify the responsibilities of federal, state, tribal and local governments with regard to crimes in Indian Country. It was intended to allow for increased coordination among service providers. Its objectives are to reduce violent crimes in Indian Country, combat sexual and domestic violence against Native women; and prevent drug trafficking and reduce rates of alcohol and drug addiction in Indian Country. It increases and standardizes the collection of criminal data, and for sharing this information among law enforcement agencies. TLOA takes a comprehensive approach at addressing the shortfalls by setting up accountability measures for federal agencies responsible for investigating and prosecuting reservation crime; and by providing tribal nations with additional tools to combat crimes.

Some provisions of TLOA include: increasing tribal court sentencing authority to 3 years; requiring federal prosecutors to maintain data on criminal declinations and to share evidence to support prosecution; requires transparency on public spending by BIA; increased sexual assault training and standardized protocols for handling sex crimes; authorizing deputization of Special Assistant U.S. Attorneys to prosecute reservation crimes in Federal courts; increases deputization of tribal and state police to enforce Federal laws; authorizes Drug Enforcement Agency to deputize tribal police to assist on-reservation drug raids; increases training for BIA and tribal police; authorizes tribal access to criminal history records; and provides for programmatic reauthorization to strengthen tribal courts, police departments, correctional centers; and programs to prevent and treat alcohol and substance abuse.

Who Should Attend?

This course is designed for tribal elected officials, law and order committees, tribal judges, court advocates, public defenders, tribal courts staff, tribal attorneys, law enforcement personnel, etc. Federal officials with responsibility for the crime and social programs in Indian Country will also benefit from this course.

What Will I Learn?

You will get a comprehensive overview of TLOA and gain special insight into the steps taken by Federal agencies and other tribes to implement and comply with TLOA. You will learn:

  • The fundamentals of the Indian Civil Rights Act.
  • A historical perspective and review of specific provisions of TLOA.
  • An introduction to tribal criminal justice systems, their purposes, and processes.
  • The TLOA Long Term Plan to Build and Enhance Tribal Justice Systems.
  • How to Implement Criminal Provisions (Defendants’ Rights and Enhanced Sentencing) of TLOA.
  • Interagency Memoranda of Agreements and Tribal Action Plans.
  • What other Tribes are doing (have done) to Implement the Criminal Provisions of TLOA

$750  The Art of Grant Writing (2 Days)

The federal government’s grant deadline “Rush Hour” traditionally runs from December through March. Grant writers that are the most successful at winning grants recognize that grant writing is about effective program development, implementation, and management--not just a pursuit for grant dollars. The OMB Super Circular provides extensive rules that apply directly to discretionary grants that tribal governments, tribal organizations, and nonprofit organizations must learn and apply to their grant applications and grant awards. This course will help participants to develop realistic and justifiable budgets to make sure the tribe or organization is not “saddled” with having to fund the new projects. Many federal grant programs require a “match”. This course will provide participants with creative solutions to help meet the grant matching requirements. Federal agencies also require some evidence of community planning. This course will also inform the participants of the OMB Super Circular, and how it will affect your grant awards.

OMB Super Circular rules differ from rules under the Indian Self-Determination Act, yet there are similarities. Instructors will identify the differences and similarities between federal awards under the Indian Self-Determination Act and discretionary grants. KIVA developed a unique cost principles matrix that combines cost principles under the OMB Super Circular and the Indian Self-Determination Act. The cost principles matrix is a valuable tool for tribal governments and tribal organizations because Indian tribes and tribal organizations are very unique in how they operate their programs which affects how they spend federal funds under their federal awards.

Who Should Attend?

Tribal planners, tribal grant writers, tribal program directors and managers, tribal finance and accounting staff, non-profit organizations.

What Will I Learn?

  • How to register under and get your DUNS number (or the new Unique Entity Identifier)
  • How to develop highly competitive grant proposals that obtain fundable scores from grant review panels
  • How to align the budgetary and administrative capacity with available grants
  • Methods for researching and analyzing NOFAs/NOFOs, and RFPs
  • How to develop and create a budget document to ensure you are requesting sufficient funding for your project
  • Problem identification and problem-solving techniques
  • How to write goal statements, objectives, and action plans
  • How to create a realistic timeline that reflects how you propose to achieve your grant objectives
  • Overview of how indirect cost rates affect grant budgets
  • Detailed instruction on new OMB Super Circular rules; and how it affects grant applications, grant administration, grant budgets, grant matching requirements, cost principles, financial reporting requirements, annual audits, and grant closeouts
  • Special instruction on cost principles and KIVA’s Cost Principles Matrix customized for tribes and tribal organizations

$750  Writing Successful CTAS Grants (2 Day)

The Department of Justice (DOJ) launched the Coordinated Tribal Assistance Solicitation (CTAS) grant program that combined most of the DOJ’s tribal government-specific grants under one solicitation. Now tribes are using these grants to enhance law enforcement, improve adult and juvenile justice systems; prevent and control juvenile delinquency; serve sexual assault, domestic violence, and elder victims; and support programs to combat crime.

Each funding year the DOJ focuses on certain select “Purpose Areas” to channel funding to priority areas, such as: (1) Public Safety & Community Policing; (2) Comprehensive Tribal Justice Systems Strategy Planning; (3) Justice Systems & Alcohol and Substance Abuse; (4) Corrections and Correctional Alternatives; (5) OVW - Violence Against Women; (6) Victims of Crime; (7) Victims of Crime; (8) Juvenile Healing to Wellness Courts; (9) Tribal Youth Program.

Participants are encouraged to combine this course with KIVA’s Art of Grant Writing & Grant Administration course and receive a discount.

Who Should Attend?

Tribal grant writers, tribal planners, tribal court staff, law enforcement personnel, tribal social services staff, tribal health, and alcohol program staff, tribal finance and accounting staff, tribal grant and contract staff.

What Will I Learn?

  • An overview of DOJ’s CTAS grant programs
  • Information on CTAS Purpose Areas; and how your project goals can be developed to match the criteria of the “Purpose Area” you are seeking
  • How to get register and how to navigate the online Grants Management System (GMS) to submit your proposals.
  • How to develop highly competitive grant proposals that obtain fundable scores from grant review panels
  • Tips on what grant reviewers and evaluators look for
  • How to organize a grant document
  • How to develop and create a budget document to ensure you are requesting sufficient funding for your project
  • How to identify the resources that may be applied to your proposals that require matching funds
  • How to create a realistic timeline that reflects how you propose to achieve your grant objectives
  • Receive an overview of the new requirements under OMB’s Super Circular
  • Bring your draft applications and receive free on-site consultation

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