Notice2023-09097
Tribal Self-Governance Negotiation Cooperative Agreement Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 1, 2023
Issuing agencies
Health and Human Services DepartmentIndian Health Service
Full Text
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<title>Federal Register, Volume 88 Issue 83 (Monday, May 1, 2023)</title>
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[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Pages 26569-26577]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09097]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
Tribal Self-Governance Negotiation Cooperative Agreement Program
Announcement Type: New.
Funding Announcement Number: HHS-2023-IHS-TSGN-0001.
Assistance Listing (Catalog of Federal Domestic Assistance or CFDA)
Number: 93.444.
Key Dates
Application Deadline Date: May 1, 2023.
Earliest Anticipated Start Date: July 31, 2023.
I. Funding Opportunity Description
Statutory Authority
The Indian Health Service (IHS) is accepting applications for
cooperative agreements for the Tribal Self-Governance Negotiation
Cooperative Agreement Program. This program is authorized under the
Snyder Act, 25 U.S.C. 13; the Transfer Act, 42 U.S.C.
[[Page 26570]]
2001(a); and Title V of the Indian Self-Determination and Education
Assistance Act (ISDEAA), 25 U.S.C. 5383(e). The Assistance Listings
section of <a href="http://SAM.gov">SAM.gov</a> (<a href="https://same.gov/content/home">https://same.gov/content/home</a>) describes this
program under 93.444.
Background
The Tribal Self-Governance Program (TSGP) is more than an IHS
program; it is an expression of the government-to-government
relationship between the United States (U.S.) and Indian Tribes.
Through the TSGP, Tribes negotiate with the IHS to assume Programs,
Services, Functions, and Activities (PSFAs), or portions thereof, which
gives Tribes the authority to manage and tailor health care programs in
a manner that best fits the needs of their communities.
Participation in the TSGP affords Tribes the most flexibility to
tailor their health care needs by choosing one of three ways to obtain
health care from the Federal government for their citizens.
Specifically, Tribes can choose to: (1) receive health care services
directly from the IHS; (2) contract with the IHS to administer
individual programs and services the IHS would otherwise provide
(referred to as Title I Self-Determination Contracting); and (3)
compact with the IHS to assume control over health care programs the
IHS would otherwise provide (referred to as Title V Self-Governance
Compacting or the TSGP). These options are not exclusive and Tribes may
choose to combine options based on their individual needs and
circumstances.
The TSGP is a tribally-driven initiative and strong Federal-Tribal
partnerships are essential to the program's success. The IHS
established the Office of Tribal Self-Governance (OTSG) to implement
the Tribal Self-Governance authorities under the ISDEAA. The primary
OTSG functions are to: (1) serve as the primary liaison and advocate
for Tribes participating in the TSGP; (2) develop, direct, and
implement TSGP policies and procedures; (3) provide information and
technical assistance to Self-Governance Tribes; and (4) advise the IHS
Director on compliance with TSGP policies, regulations, and guidelines.
Each IHS Area has an Agency Lead Negotiator (ALN), designated by the
IHS Director to act on his or her behalf, who has authority to
negotiate Self-Governance Compacts and Funding Agreements (FA). Tribes
interested in participating in the TSGP should contact their respective
ALN to begin the Self-Governance planning and negotiation process.
Tribes currently participating in the TSGP that are interested in
expanding existing or adding new PSFAs should also contact their
respective ALN to discuss the best methods for expanding or adding new
PSFAs.
Purpose
The purpose of this Negotiation Cooperative Agreement is to provide
Tribes with resources to help defray the costs associated with
preparing for and engaging in TSGP negotiations. TSGP negotiations are
a dynamic, evolving, and tribally-driven process that requires careful
planning, preparation, and sharing of precise, up-to-date information
by both Tribal and Federal parties. Because each Tribal situation is
unique, a Tribe's successful transition into the TSGP, or expansion of
their current program, requires focused discussions between the Federal
and Tribal negotiation teams about the Tribe's specific health care
concerns and plans. One of the hallmarks of the TSGP is the
collaborative nature of the negotiations process, which is designed to:
(1) enable a Tribe to set its own priorities when assuming
responsibility for IHS PSFAs; (2) observe and respect the government-
to-government relationship between the U.S. and each Tribe; and (3)
involve the active participation of both Tribal and IHS
representatives, including the OTSG. Negotiations are a method of
determining and agreeing upon the terms and provisions of a Tribe's
Compact and FA, the implementation documents required for the Tribe to
enter into the TSGP. The Compact sets forth the general terms of the
government-to-government relationship between the Tribe and the
Secretary of the U.S. Department of Health and Human Services (HHS).
The FA: (1) describes the length of the agreement (whether it will be
annual or multi-year); (2) identifies the PSFAs, or portions thereof,
the Tribe will assume; (3) specifies the amount of funding associated
with the Tribal assumption; and (4) includes terms required by Federal
statutes and other terms agreed to by the parties. Both documents are
required to participate in the TSGP and they are mutually negotiated
agreements that become legally binding and mutually enforceable after
both parties sign the documents. Either document can be renegotiated at
the request of the Tribe.
The negotiation process has four major stages, including: (1)
planning; (2) pre-negotiations; (3) negotiations; and (4) post-
negotiations. Title V of the ISDEAA requires that a Tribe or Tribal
Organization (T/TO) complete a planning phase to the satisfaction of
the Tribe. The planning phase must include legal and budgetary research
and internal Tribal government planning and organizational preparation
relating to the administration of health care programs. See 25 U.S.C.
5383(d). The planning phase is critical to the negotiation process and
assists Tribes with making informed decisions about which PSFAs to
assume and what organizational changes or modifications are necessary
to support those PSFAs. A thorough planning phase improves timeliness
and efficient negotiations and ensures that the Tribe is fully prepared
to assume the transfer of IHS PSFAs to the Tribal health program.
During pre-negotiations, the Tribal and Federal negotiation teams
review and discuss issues identified during the planning phase. Pre-
negotiations provide an opportunity for the Tribe and the IHS to
identify and discuss issues directly related to the Tribe's Compact,
FA, and Tribal shares.
In advance of final negotiations, the Tribe should work with the
IHS to secure the following: (1) program titles and descriptions; (2)
financial tables and information; (3) information related to the
identification and justification of residuals; and (4) the basis for
determining Tribal shares (distribution formula). The Tribe may also
wish to discuss financial materials that show estimated funding for
next year and the increases or decreases in funding it may receive in
the current year, as well as the basis for those changes.
During the final negotiation, both the Federal and Tribal
negotiation teams work together in good faith to determine and agree
upon the terms and provisions of the Tribe's Compact and FA.
Negotiations are not an allocation process; they provide an opportunity
to mutually review and discuss budget and program issues to reach
agreement and finalize documents.
There are various entities involved throughout the negotiation
process. For example, a Tribal government selects its representative(s)
for the Tribal negotiation team, which may include a Tribal leader from
the governing body, a Tribal health director, technical and program
staff, legal counsel, and other consultants. Regardless of the
composition of the Tribal team, Tribal representatives must have
decision-making authority from the Tribal governing body to
successfully negotiate and agree to the provisions within the
agreements. The Federal negotiation team is led by the ALN and may
include area and headquarters subject matter experts, OTSG staff, the
Office of Finance and Accounting, and the Office
[[Page 26571]]
of the General Counsel. The ALN is the only member of the Federal
negotiation team with delegated authority to negotiate on behalf of the
IHS Director. The ALN is the designated official that provides Tribes
with Self-Governance information, assists Tribes in planning, organizes
meetings between the Tribe and the IHS, and coordinates the agency's
response to Tribal questions during the negotiation process. The ALN
role requires detailed knowledge of the IHS, awareness of current
policy and practice, and understanding of the rights and authorities
available to a Tribe under Title V of the ISDEAA.
In post-negotiations, the mutually agreed to and negotiated Compact
and FA are signed by the authorizing Tribal official and submitted to
the OTSG in preparation for the IHS Director's signature. Once the
Compact and FA have been signed by both parties, they become legally
binding and enforceable agreements. A signed Compact and FA are
necessary for the payment process to begin. The negotiating Tribe then
becomes a ``Self-Governance Tribe'' and a participant in the TSGP.
Acquiring a Negotiation Cooperative Agreement is not a prerequisite
to enter the TSGP. A Tribe may use other resources to develop and
negotiate its Compact and FA. See 42 CFR 137.26. Tribes that receive a
Negotiation Cooperative Agreement are not obligated to participate in
Title V and may choose to delay or decline participation or expansion
in the TSGP.
II. Award Information
Funding Instrument--Cooperative Agreement
Estimated Funds Available
The total funding identified for fiscal year (FY) 2023 is
approximately $420,000. The IHS anticipates individual award amounts
will be $84,000. The funding available for competing awards issued
under this announcement is subject to the availability of
appropriations and budgetary priorities of the Agency. The IHS is under
no obligation to make awards to applicants selected for funding under
this announcement.
Anticipated Number of Awards
The IHS anticipates issuing approximately five awards under this
program announcement.
Period of Performance
The period of performance is for 1 year.
Cooperative Agreement
Cooperative agreements awarded by the Department of Health and
Human Services (HHS) are administered under the same policies as
grants. However, the funding agency, IHS, is anticipated to have
substantial programmatic involvement in the project during the entire
period of performance. Below is a detailed description of the level of
involvement required of the IHS.
Substantial Agency Involvement Description for Cooperative Agreement
A. Provide descriptions of PSFAs and associated funding at all
organizational levels (service unit, area, and headquarters) including
funding formulas and methodologies related to determining Tribal
shares.
B. Meet with Negotiation Cooperative Agreement recipients to
provide program information and discuss methods currently used to
manage and deliver health care.
C. Identify and provide statutes, regulations, and policies that
provide authority for administering IHS programs.
D. Provide technical assistance on the IHS budget, Tribal shares,
and other topics as needed.
III. Eligibility Information
1. Eligibility
To be eligible for this opportunity, an applicant must meet the
following criteria:
<bullet> Applicant must be an ``Indian Tribe'' as defined in 25
U.S.C. 5304(e); a ``Tribal Organization'' as defined in 25 U.S.C.
5304(l); or an ``Inter-Tribal Consortium'' as defined at 42 CFR 137.10.
Please note that Tribes prohibited from contracting pursuant to the
ISDEAA are not eligible. See section 424(a) of the Consolidated
Appropriations Act, 2014, Public Law 113-76, as amended by section 445
of the Consolidated Appropriations Act, 2023, Public Law 117-328.
<bullet> Pursuant to 25 U.S.C. 5383(c)(1)(B), applicant must
request participation in self-governance by resolution or other
official action by the governing body of each Indian Tribe to be
served.
<bullet> Pursuant to 25 U.S.C. 5383(c)(1)(C), applicant must
demonstrate financial stability and financial management capability for
3 fiscal years.
Meeting the eligibility criteria for a Negotiation Cooperative
Agreement does not mean that a T/TO is eligible for participation in
the IHS TSGP under Title V of the ISDEAA. See 25 U.S.C. 5383, 42 CFR
137.15-23. For additional information on the eligibility for the IHS
TSGP, please visit the ``Eligibility and Funding'' page on the OTSG
website located at <a href="https://www.ihs.gov/SelfGovernance">https://www.ihs.gov/SelfGovernance</a>. The Division of
Grants Management (DGM) will notify any applicants deemed ineligible.
2. Additional Information on Eligibility
The IHS does not fund concurrent projects. If an applicant is
successful under this announcement, any subsequent applications in
response to other Tribal Self-Governance Negotiation Cooperative
Agreement Program announcements from the same applicant will not be
funded. Applications on behalf of individuals (including sole
proprietorships) and foreign organizations are not eligible and will be
disqualified from competitive review and funding under this funding
opportunity.
Note: Please refer to Section IV.2 (Application and Submission
Information/Subsection 2, Content and Form of Application
Submission) for additional proof of applicant status documents
required, such as Tribal Resolutions, proof of nonprofit status,
etc.
3. Cost Sharing or Matching
The IHS does not require matching funds or cost sharing for grants
or cooperative agreements.
4. Other Requirements
Applications with budget requests that exceed the highest dollar
amount outlined under Section II Award Information, Estimated Funds
Available, or exceed the period of performance outlined under Section
II Award Information, Period of Performance, are considered not
responsive and will not be reviewed. The DGM will notify the applicant.
Additional Required Documentation
Tribal Resolution
The DGM must receive an official, signed Tribal Resolution prior to
issuing a Notice of Award (NoA) to any T/TO selected for funding. An
applicant that is proposing a project affecting another Indian Tribe
must include resolutions from all affected Tribes to be served.
However, if an official signed Tribal Resolution cannot be submitted
with the application prior to the application deadline date, a draft
Tribal Resolution must be submitted with the application by the
deadline date in order for the application to be considered complete
and eligible for review. The draft Tribal Resolution is not in lieu of
the required signed resolution but is acceptable until a signed
resolution is received. If an application without a signed Tribal
Resolution is selected for funding, the applicant will be contacted by
the
[[Page 26572]]
Grants Management Specialist (GMS) listed in this funding announcement
and given 90 days to submit an official signed Tribal Resolution to the
GMS. If the signed Tribal Resolution is not received within 90 days,
the award will be forfeited.
Applicants organized with a governing structure other than a Tribal
council may submit an equivalent document commensurate with their
governing organization.
IV. Application and Submission Information
<a href="http://Grants.gov">Grants.gov</a> uses a Workspace model for accepting applications. The
Workspace consists of several online forms and three forms in which to
upload documents--Project Narrative, Budget Narrative, and Other
Documents. Give your files brief descriptive names. The filenames are
key in finding specific documents during the merit review and in
processing awards. Upload all requested and optional documents
individually, rather than combining them into a single file. Creating a
single file creates confusion when trying to find specific documents.
Such confusion can contribute to delays in processing awards, and could
lead to lower scores during the merit review.
1. Obtaining Application Materials
The application package and detailed instructions for this
announcement are available at <a href="https://www.Grants.gov">https://www.Grants.gov</a>.
Please direct questions regarding the application process to
<a href="/cdn-cgi/l/email-protection#1a5e5d575a737269347d756c"><span class="__cf_email__" data-cfemail="1652515b567f7e6538717960">[email protected]</span></a>.
2. Content and Form Application Submission
Mandatory documents for all applicants include:
<bullet> Application forms:
1. SF-424, Application for Federal Assistance.
2. SF-424A, Budget Information--Non-Construction Programs.
3. SF-424B, Assurances--Non-Construction Programs.
4. Project Abstract Summary form.
<bullet> Project Narrative (not to exceed 10 pages). See Section
IV.2.A, Project Narrative for instructions.
1. Background information on the organization.
2. Proposed scope of work, objectives, and activities that provide
a description of what the applicant plans to accomplish.
<bullet> Budget Narrative (not to exceed 5 pages). See Section
IV.2.B, Budget Narrative for instructions.
<bullet> One-page Timeframe of award activities.
<bullet> Tribal Resolution(s) as described in Section III,
Eligibility.
<bullet> Biographical sketches for all Key Personnel.
<bullet> Contractor/Consultant resumes or qualifications and scope
of work.
<bullet> Disclosure of Lobbying Activities (SF-LLL), if applicant
conducts reportable lobbying.
<bullet> Certification Regarding Lobbying (GG-Lobbying Form).
<bullet> Copy of current Negotiated Indirect Cost (IDC) rate
agreement (required in order to receive IDC).
<bullet> Organizational Chart (optional).
<bullet> Documentation sufficient to demonstrate financial
stability and financial management capability for 3 fiscal years. The
Indian Tribe must provide evidence that, for the 3 fiscal years prior
to requesting participation in the TSGP, the Indian Tribe has had no
uncorrected significant and material audit exceptions in the required
annual audit of the Indian Tribe's Self-Determination Contracts or
Self-Governance Funding Agreements with any Federal agency. See 25
U.S.C. 5383, 42 CFR 137.15-23. For T/TO that expended $500,000 or more
in Federal awards, the OTSG shall retrieve the audits directly from the
Federal Audit Clearinghouse. For T/TO that expended less than $500,000
in Federal awards, the T/TO must provide evidence of the program review
correspondence from the IHS or Bureau of Indian Affairs officials. See
42 CFR 137.21-23.
<bullet> Documentation of current Office of Management and Budget
(OMB) Financial Audit.
Acceptable forms of documentation include:
1. Email confirmation from Federal Audit Clearinghouse (FAC) that
audits were submitted; or
2. Face sheets from audit reports. Applicants can find these on the
FAC website at <a href="https://facdissem.census.gov/">https://facdissem.census.gov/</a>.
Public Policy Requirements
All Federal public policies apply to IHS grants and cooperative
agreements. Pursuant to 45 CFR 80.3(d), an individual shall not be
deemed subjected to discrimination by reason of their exclusion from
benefits limited by Federal law to individuals eligible for benefits
and services from the IHS. See <a href="https://www.hhs.gov/grants/grants/grants-policies-regulations/index.html">https://www.hhs.gov/grants/grants/grants-policies-regulations/index.html</a>.
Requirements for Project and Budget Narratives
A. Project Narrative: This narrative should be a separate document
that is no more than 10 pages and must: (1) have consecutively numbered
pages; (2) use black font 12 points or larger (applicants may use 10-
point font for tables); (3) be single-spaced; and (4) be formatted to
fit standard letter paper (8\1/2\ x 11 inches). Do not combine this
document with any others.
Be sure to succinctly answer all questions listed under the
evaluation criteria (refer to Section V.1, Evaluation Criteria), and
place all responses and required information in the correct section
noted below or they will not be considered or scored. If the narrative
exceeds the overall page limit, the reviewers will be directed to
ignore any content beyond the page limit. The 10-page limit for the
project narrative does not include the work plan, standard forms,
Tribal Resolutions, budget, budget narratives, and/or other items. Page
limits for each section within the project narrative are guidelines,
not hard limits.
There are three parts to the project narrative: Part 1--Program
Information; Part 2--Program Planning and Evaluation; and Part 3--
Program Report. See below for additional details about what must be
included in the narrative.
The page limits below are for each narrative and budget submitted.
Part 1: Program Information (Limit--4 Pages)
Section 1: Needs
Demonstrate that the Tribe has conducted previous Self-Governance
planning activities by clearly stating the results of what was learned
during the planning process. Explain how the Tribe has determined it
has the knowledge and expertise to assume or expand PSFAs and the
administrative infrastructure to support the assumption of PSFAs.
Identify the need for assistance and how the Negotiation Cooperative
Agreement would benefit the health activities the Tribe is preparing to
assume or expand.
Part 2: Program Planning and Evaluation (Limit--4 Pages)
Section 1: Program Plans
State in measurable terms the objectives and appropriate activities
to achieve the following Negotiation Cooperative Agreement recipient
award activities:
(A) Determine the PSFAs that will be negotiated into the Tribe's
Compact and FA. Prepare and discuss each PSFA in comparison to the
current level of services provided so that an informed decision can be
made on new or expanded program assumption.
(B) Identify Tribal shares associated with the PSFAs that will be
included in the FA.
(C) Develop the terms and conditions that will be set forth in both
the
[[Page 26573]]
Compact and FA to submit to the ALN prior to negotiations.
Describe fully and clearly how the Tribe's proposal will result in
an improved approach to managing the PSFAs to be assumed or expanded.
Include how the Tribe plans to demonstrate improved health services to
the community and incorporate the proposed timelines for negotiations.
Section 2: Program Evaluation
Describe fully and clearly how the goals and proposed activities
will improve the health care system and identify the anticipated or
expected benefits for the Tribe. Define the criteria to be used to
evaluate objectives associated with the project using a model for
tracking.
Part 3: Program Report (Limit--2 Pages)
Section 1
Describe your organization's significant program activities and
accomplishments over the past several years associated with the goals
of this announcement and leading up to the negotiation phase.
Please identify and describe significant program activities and
achievements associated with the delivery of quality health services.
Provide a comparison of the actual accomplishments to the goals
established for the project period or, if applicable, provide
justification for the lack of progress.
B. Budget Narrative (Limit--5 Pages)
Provide a budget narrative that explains the amounts requested for
each line item of the budget from the SF-424A (Budget Information for
Non-Construction Programs) for the project. The applicant can submit
with the budget narrative a more detailed spreadsheet than is provided
by the SF-424A (the spreadsheet will not be considered part of the
budget narrative). The budget narrative should specifically describe
how each item would support the achievement of proposed objectives. Be
very careful about showing how each item in the ``Other'' category is
justified. Do NOT use the budget narrative to expand the project
narrative.
3. Submission Dates and Times
Applications must be submitted through <a href="http://Grants.gov">Grants.gov</a> by 11:59 p.m.
Eastern Time on the Application Deadline Date. Any application received
after the application deadline will not be accepted for review.
<a href="http://Grants.gov">Grants.gov</a> will notify the applicant via email if the application is
rejected.
If technical challenges arise and assistance is required with the
application process, contact <a href="http://Grants.gov">Grants.gov</a> Customer Support (see contact
information at <a href="https://www.Grants.gov">https://www.Grants.gov</a>). If problems persist, contact
Mr. Paul Gettys, Deputy Director, DGM, by email at <a href="/cdn-cgi/l/email-protection#ade9eae0edc4c5de83cac2db"><span class="__cf_email__" data-cfemail="7b3f3c363b121308551c140d">[email protected]</span></a>. Please
be sure to contact Mr. Gettys at least 10 days prior to the application
deadline. Please do not contact the DGM until you have received a
<a href="http://Grants.gov">Grants.gov</a> tracking number. In the event you are not able to obtain a
tracking number, call the DGM as soon as possible.
The IHS will not acknowledge receipt of applications.
4. Intergovernmental Review
Executive Order 12372 requiring intergovernmental review is not
applicable to this program.
5. Funding Restrictions
<bullet> Pre-award costs are not allowable.
<bullet> The available funds are inclusive of direct and indirect
costs.
<bullet> Only one cooperative agreement may be awarded per
applicant.
6. Electronic Submission Requirements
All applications must be submitted via <a href="http://Grants.gov">Grants.gov</a>. Please use the
<a href="https://www.Grants.gov">https://www.Grants.gov</a> website to submit an application. Find the
application by selecting the ``Search Grants'' link on the homepage.
Follow the instructions for submitting an application under the Package
tab. No other method of application submission is acceptable.
If you cannot submit an application through <a href="http://Grants.gov">Grants.gov</a>, you must
request a waiver prior to the application due date. You must submit
your waiver request by email to <a href="/cdn-cgi/l/email-protection#3f7b78727f56574c11585049"><span class="__cf_email__" data-cfemail="82c6c5cfc2ebeaf1ace5edf4">[email protected]</span></a>. Your waiver request must
include clear justification for the need to deviate from the required
application submission process. The IHS will not accept any
applications submitted through any means outside of <a href="http://Grants.gov">Grants.gov</a> without
an approved waiver.
If the DGM approves your waiver request, you will receive a
confirmation of approval email containing submission instructions. You
must include a copy of the written approval with the application
submitted to the DGM. Applications that do not include a copy of the
waiver approval from the DGM will not be reviewed. The Grants
Management Officer of the DGM will notify the applicant via email of
this decision. Applications submitted under waiver must be received by
the DGM no later than 5:00 p.m. Eastern Time on the Application
Deadline Date. Late applications will not be accepted for processing.
Applicants that do not register for both the System for Award
Management (SAM) and <a href="http://Grants.gov">Grants.gov</a> and/or fail to request timely
assistance with technical issues will not be considered for a waiver to
submit an application via alternative method.
Please be aware of the following:
<bullet> Please search for the application package in <a href="https://www.Grants.gov">https://www.Grants.gov</a> by entering the Assistance Listing number or the Funding
Opportunity Number. Both numbers are located in the header of this
announcement.
<bullet> If you experience technical challenges while submitting
your application, please contact <a href="http://Grants.gov">Grants.gov</a> Customer Support (see
contact information at <a href="https://www.Grants.gov">https://www.Grants.gov</a>).
<bullet> Upon contacting <a href="http://Grants.gov">Grants.gov</a>, obtain a tracking number as
proof of contact. The tracking number is helpful if there are technical
issues that cannot be resolved and a waiver from the agency must be
obtained.
<bullet> Applicants are strongly encouraged not to wait until the
deadline date to begin the application process through <a href="http://Grants.gov">Grants.gov</a> as
the registration process for SAM and <a href="http://Grants.gov">Grants.gov</a> could take up to 20
working days.
<bullet> Please follow the instructions on <a href="http://Grants.gov">Grants.gov</a> to include
additional documentation that may be requested by this funding
announcement.
<bullet> Applicants must comply with any page limits described in
this funding announcement.
<bullet> After submitting the application, you will receive an
automatic acknowledgment from <a href="http://Grants.gov">Grants.gov</a> that contains a <a href="http://Grants.gov">Grants.gov</a>
tracking number. The IHS will not notify you that the application has
been received.
System for Award Management
Organizations that are not registered with the System for Award
Management (SAM) must access the SAM online registration through the
SAM home page at <a href="https://sam.gov">https://sam.gov</a>. Organizations based in the U.S. will
also need to provide an Employer Identification Number from the
Internal Revenue Service that may take an additional 2-5 weeks to
become active. Please see <a href="http://SAM.gov">SAM.gov</a> for details on the registration
process and timeline. Registration with the SAM is free of charge but
can take several weeks to process. Applicants may register online at
<a href="https://sam.gov">https://sam.gov</a>.
Unique Entity Identifier
Your <a href="http://SAM.gov">SAM.gov</a> registration now includes a Unique Entity Identifier
(UEI), generated by <a href="http://SAM.gov">SAM.gov</a>, which replaces the DUNS number obtained
from Dun and Bradstreet. <a href="http://SAM.gov">SAM.gov</a> registration no longer requires a DUNS
number.
Check your organization's <a href="http://SAM.gov">SAM.gov</a> registration as soon as you
decide to apply for this program. If your <a href="http://SAM.gov">SAM.gov</a>
[[Page 26574]]
registration is expired, you will not be able to submit an application.
It can take several weeks to renew it or resolve any issues with your
registration, so do not wait.
Check your <a href="http://Grants.gov">Grants.gov</a> registration. Registration and role
assignments in <a href="http://Grants.gov">Grants.gov</a> are self-serve functions. One user for your
organization will have the authority to approve role assignments, and
these must be approved for active users in order to ensure someone in
your organization has the necessary access to submit an application.
The Federal Funding Accountability and Transparency Act of 2006, as
amended (``Transparency Act''), requires all HHS recipients to report
information on sub-awards. Accordingly, all IHS recipients must notify
potential first-tier sub-recipients that no entity may receive a first-
tier sub-award unless the entity has provided its UEI number to the
prime recipient organization. This requirement ensures the use of a
universal identifier to enhance the quality of information available to
the public pursuant to the Transparency Act.
Additional information on implementing the Transparency Act,
including the specific requirements for SAM, are available on the DGM
Grants Management, Policy Topics web page at <a href="https://www.ihs.gov/dgm/policytopics/">https://www.ihs.gov/dgm/policytopics/</a>.
V. Application Review Information
Possible points assigned to each section are noted in parentheses.
The project narrative and budget narrative should include only the
first year of activities. The project narrative should be written in a
manner that is clear to outside reviewers unfamiliar with prior related
activities of the applicant. It should be well organized, succinct, and
contain all information necessary for reviewers to fully understand the
project. Attachments requested in the criteria do not count toward the
page limit for the narratives. Points will be assigned to each
evaluation criteria adding up to a total of 100 possible points. Points
are assigned as follows:
1. Evaluation Criteria
A. Introduction and Need for Assistance (25 Points)
Demonstrate that the Tribe has conducted previous Self-Governance
planning activities by clearly stating the results of what was learned
during the planning process. Explain how the Tribe has determined it
has the knowledge and expertise to assume or expand PSFAs and the
administrative infrastructure to support the assumption of PSFAs.
Identify the need for assistance and how the Negotiation Cooperative
Agreement would benefit the health activities the Tribe is preparing to
assume or expand.
B. Project Objective(s), Work Plan and Approach (25 Points)
State in measurable terms the objectives and appropriate activities
to achieve the following Negotiation Cooperative Agreement recipient
award activities:
1. Determine the PSFAs that will be negotiated into the Tribe's
Compact and FA. Prepare and discuss each PSFA in comparison to the
level of services provided so that an informed decision can be made on
new or expanded program assumption.
2. Identify Tribal shares associated with the PSFAs that will be
included in the FA.
3. Develop the terms and conditions that will be set forth in both
the Compact and FA to submit to the ALN prior to negotiations. Clearly
describe how the Tribe's proposal will result in an improved approach
to managing the PSFAs to be assumed or expanded. Include how the Tribe
plans to demonstrate improved health care services to the community and
incorporate the proposed timelines for negotiations.
C. Program Evaluation (25 Points)
Describe fully the improvements that will be made by the Tribe to
manage the health care system and identify the anticipated or expected
benefits for the Tribe. Define the criteria to be used to evaluate
objectives associated with the project and how they will be measured.
D. Organizational Capabilities, Key Personnel, and Qualifications (15
Points)
Describe the organizational structure of the Tribe and its ability
to manage the proposed project. Include resumes or position
descriptions of key staff showing requisite experience and expertise.
If applicable, include resumes and scope of work for consultants that
demonstrate experience and expertise relevant to the project.
E. Categorical Budget and Budget Justification (10 Points)
Submit a budget with a narrative describing the budget request and
matching the scope of work described in the project narrative. Justify
all expenditures identifying reasonable and allowable costs necessary
to accomplish the goals and objectives as outlined in the project
narrative.
Additional documents can be uploaded as Other Attachments in
<a href="http://Grants.gov">Grants.gov</a>.
These can include:
<bullet> Work plan, logic model, and/or timeline for proposed
objectives.
<bullet> Position descriptions for key staff.
<bullet> Resumes of key staff that reflect current duties.
<bullet> Consultant or contractor proposed scope of work and letter
of commitment (if applicable).
<bullet> Current Indirect Cost Rate Agreement.
<bullet> Organizational chart.
<bullet> Map of area identifying project location(s).
<bullet> Additional documents to support narrative (i.e., data
tables, key news articles, etc.).
2. Review and Selection
Each application will be prescreened for eligibility and
completeness as outlined in the funding announcement. Applications that
meet the eligibility criteria shall be reviewed for merit by the Review
Committee (RC) based on the evaluation criteria. Incomplete
applications and applications that are not responsive to the
administrative thresholds (budget limit, period of performance limit)
will not be referred to the RC and will not be funded. The DGM will
notify the applicant of this determination.
Applicants must address all program requirements and provide all
required documentation.
3. Notifications of Disposition
All applicants will receive an Executive Summary Statement from the
OTSG within 30 days of the conclusion of the RC outlining the strengths
and weaknesses of their application. The summary statement will be sent
to the Authorizing Official identified on the face page (SF-424) of the
application.
A. Award Notices for Funded Applications
The NoA is the authorizing document for which funds are dispersed
to the approved entities and reflects the amount of Federal funds
awarded, the purpose of the award, the terms and conditions of the
award, the effective date of the award, the budget period, and period
of performance. Each entity approved for funding must have a user
account in GrantSolutions in order to retrieve the NoA. Please see the
Agency Contacts list in Section VII for the systems contact
information.
B. Approved but Unfunded Applications
Approved applications not funded due to lack of available funds
will be
[[Page 26575]]
held for 1 year. If funding becomes available during the course of the
year, the application may be reconsidered.
Note: Any correspondence, other than the official NoA executed
by an IHS grants management official announcing to the project
director that an award has been made to their organization, is not
an authorization to implement their program on behalf of the IHS.
VI. Award Administration Information
1. Administrative Requirements
Awards issued under this announcement are subject to, and are
administered in accordance with, the following regulations and
policies:
A. The criteria as outlined in this program announcement.
B. Administrative Regulations for Awards:
<bullet> Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for HHS Awards currently in effect or implemented
during the period of award, other Department regulations and policies
in effect at the time of award, and applicable statutory provisions. At
the time of publication, this includes 45 CFR part 75, at <a href="https://www.govinfo.gov/content/pkg/CFR-2021-title45-vol1/pdf/CFR-2021-title45-vol1-part75.pdf">https://www.govinfo.gov/content/pkg/CFR-2021-title45-vol1/pdf/CFR-2021-title45-vol1-part75.pdf</a>.
<bullet> Please review all HHS regulatory provisions for
Termination at 45 CFR 75.372, at the time of this publication located
at <a href="https://www.govinfo.gov/content/pkg/CFR-2021-title45-vol1/pdf/CFR-2021-title45-vol1-sec75-372.pdf">https://www.govinfo.gov/content/pkg/CFR-2021-title45-vol1/pdf/CFR-2021-title45-vol1-sec75-372.pdf</a>.
C. Grants Policy:
<bullet> HHS Grants Policy Statement, Revised January 2007, at
<a href="https://www.hhs.gov/sites/default/files/grants/grants/policies-regulations/hhsgps107.pdf">https://www.hhs.gov/sites/default/files/grants/grants/policies-regulations/hhsgps107.pdf</a>.
D. Cost Principles:
<bullet> Uniform Administrative Requirements for HHS Awards, ``Cost
Principles,'' at 45 CFR part 75 subpart E, at the time of this
publication located at <a href="https://www.govinfo.gov/content/pkg/CFR-2021-title45-vol1/pdf/CFR-2021-title45-vol1-part75-subpartE.pdf">https://www.govinfo.gov/content/pkg/CFR-2021-title45-vol1/pdf/CFR-2021-title45-vol1-part75-subpartE.pdf</a>.
E. Audit Requirements:
<bullet> Uniform Administrative Requirements for HHS Awards,
``Audit Requirements,'' at 45 CFR part 75 subpart F, at the time of
this publication located at <a href="https://www.govinfo.gov/content/pkg/CFR-2021-title45-vol1/pdf/CFR-2021-title45-vol1-part75-subpartF.pdf">https://www.govinfo.gov/content/pkg/CFR-2021-title45-vol1/pdf/CFR-2021-title45-vol1-part75-subpartF.pdf</a>.
F. As of August 13, 2020, 2 CFR part 200 was updated to include a
prohibition on certain telecommunications and video surveillance
services or equipment. This prohibition is described in 2 CFR part
200.216. This will also be described in the terms and conditions of
every IHS grant and cooperative agreement awarded on or after August
13, 2020.
2. Indirect Costs
This section applies to all recipients that request reimbursement
of IDC in their application budget. In accordance with HHS Grants
Policy Statement, Part II-27, the IHS requires applicants to obtain a
current IDC rate agreement and submit it to the DGM prior to the DGM
issuing an award. The rate agreement must be prepared in accordance
with the applicable cost principles and guidance as provided by the
cognizant agency or office. A current rate covers the applicable award
activities under the current award's budget period. If the current rate
agreement is not on file with the DGM at the time of award, the IDC
portion of the budget will be restricted. The restrictions remain in
place until the current rate agreement is provided to the DGM.
Per 2 CFR 200.414(f) Indirect (F&A) costs,
any non-Federal entity (NFE) [i.e., applicant] that does not have a
current negotiated rate, . . . may elect to charge a de minimis rate
of 10 percent of modified total direct costs which may be used
indefinitely. As described in Section 200.403, costs must be
consistently charged as either indirect or direct costs, but may not
be double charged or inconsistently charged as both. If chosen, this
methodology once elected must be used consistently for all Federal
awards until such time as the NFE chooses to negotiate for a rate,
which the NFE may apply to do at any time.
Electing to charge a de minimis rate of 10 percent can be used by
applicants that have received an approved negotiated indirect cost rate
from HHS or another cognizant Federal agency. Applicants awaiting
approval of their indirect cost proposal may request the 10 percent de
minimis rate. When the applicant chooses this method, costs included in
the indirect cost pool must not be charged as direct costs to the
award.
Available funds are inclusive of direct and appropriate indirect
costs. Approved indirect funds are awarded as part of the award amount,
and no additional funds will be provided.
Generally, IDC rates for IHS recipients are negotiated with the
Division of Cost Allocation at <a href="https://rates.psc.gov/">https://rates.psc.gov/</a> or the Department
of the Interior (Interior Business Center) at <a href="https://ibc.doi.gov/ICS/tribal">https://ibc.doi.gov/ICS/tribal</a>. For questions regarding the indirect cost policy, please write
to <a href="/cdn-cgi/l/email-protection#c783808a87aeafb4e9a0a8b1"><span class="__cf_email__" data-cfemail="4307040e032a2b306d242c35">[email protected]</span></a>.
3. Reporting Requirements
The recipient must submit required reports consistent with the
applicable deadlines. Failure to submit required reports within the
time allowed may result in suspension or termination of an active
award, withholding of additional awards for the project, or other
enforcement actions such as withholding of payments or converting to
the reimbursement method of payment. Continued failure to submit
required reports may result in the imposition of special award
provisions and/or the non-funding or non-award of other eligible
projects or activities. This requirement applies whether the
delinquency is attributable to the failure of the recipient
organization or the individual responsible for preparation of the
reports. Per DGM policy, all reports must be submitted electronically
by attaching them as a ``Grant Note'' in GrantSolutions. Personnel
responsible for submitting reports will be required to obtain a login
and password for GrantSolutions. Please use the form under the
Recipient User section of <a href="https://www.grantsolutions.gov/home/getting-started-request-a-user-account/">https://www.grantsolutions.gov/home/getting-started-request-a-user-account/</a>. Download the Recipient User Account
Request Form, fill it out completely, and submit it as described on the
web page and in the form.
The reporting requirements for this program are noted below.
A. Progress Reports
Program progress reports are required semi-annually. The progress
reports are due within 30 days after the reporting period ends
(specific dates will be listed in the NoA Terms and Conditions). These
reports must include a brief comparison of actual accomplishments to
the goals established for the period, a summary of progress to date or,
if applicable, provide sound justification for the lack of progress,
and other pertinent information as required. A final report must be
submitted within 120 days of the period of performance end date.
B. Financial Reports
Federal Financial Reports are due 90 days after the end of each
budget period, and a final report is due 120 days after the end of the
period of performance.
Recipients are responsible and accountable for reporting accurate
information on all required reports: the Progress Reports and the
Federal Financial Report.
Failure to submit timely reports may result in adverse award
actions blocking access to funds.
[[Page 26576]]
C. Federal Sub-Award Reporting System (FSRS)
This award may be subject to the Transparency Act sub-award and
executive compensation reporting requirements of 2 CFR part 170.
The Transparency Act requires the OMB to establish a single
searchable database, accessible to the public, with information on
financial assistance awards made by Federal agencies. The Transparency
Act also includes a requirement for recipients of Federal awards to
report information about first-tier sub-awards and executive
compensation under Federal assistance awards.
The IHS has implemented a Term of Award into all IHS Standard Terms
and Conditions, NoAs, and funding announcements regarding the FSRS
reporting requirement. This IHS Term of Award is applicable to all IHS
grant and cooperative agreements issued on or after October 1, 2010,
with a $25,000 sub-award obligation threshold met for any specific
reporting period.
For the full IHS award term implementing this requirement and
additional award applicability information, visit the DGM Grants
Management website at <a href="https://www.ihs.gov/dgm/policytopics/">https://www.ihs.gov/dgm/policytopics/</a>.
D. Non-Discrimination Legal Requirements for Recipients of Federal
Financial Assistance (FFA)
The recipient must administer the project in compliance with
Federal civil rights laws, where applicable, that prohibit
discrimination on the basis of race, color, national origin,
disability, age, and comply with applicable conscience protections. The
recipient must comply with applicable laws that prohibit discrimination
on the basis of sex, which includes discrimination on the basis of
gender identity, sexual orientation, and pregnancy. Compliance with
these laws requires taking reasonable steps to provide meaningful
access to persons with limited English proficiency and providing
programs that are accessible to and usable by persons with
disabilities. The HHS Office for Civil Rights provides guidance on
complying with civil rights laws enforced by HHS. See <a href="https://www.hhs.gov/civil-rights/for-providers/provider-obligations/index.html">https://www.hhs.gov/civil-rights/for-providers/provider-obligations/index.html</a>
and <a href="https://www.hhs.gov/civil-rights/for-individuals/nondiscrimination/index.html">https://www.hhs.gov/civil-rights/for-individuals/nondiscrimination/index.html</a>.
<bullet> Recipients of FFA must ensure that their programs are
accessible to persons with limited English proficiency. For guidance on
meeting your legal obligation to take reasonable steps to ensure
meaningful access to your programs or activities by limited English
proficiency individuals, see <a href="https://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-proficiency/fact-sheet-guidance/index.html">https://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-proficiency/fact-sheet-guidance/index.html</a> and <a href="https://www.lep.gov">https://www.lep.gov</a>.
<bullet> For information on your specific legal obligations for
serving qualified individuals with disabilities, including reasonable
modifications and making services accessible to them, see <a href="https://www.hhs.gov/civil-rights/for-individuals/disability/index.html">https://www.hhs.gov/civil-rights/for-individuals/disability/index.html</a>.
<bullet> HHS funded health and education programs must be
administered in an environment free of sexual harassment. See <a href="https://www.hhs.gov/civil-rights/for-individuals/sex-discrimination/index.html">https://www.hhs.gov/civil-rights/for-individuals/sex-discrimination/index.html</a>.
<bullet> For guidance on administering your program in compliance
with applicable Federal religious nondiscrimination laws and applicable
Federal conscience protection and associated anti-discrimination laws,
see <a href="https://www.hhs.gov/conscience/conscience-protections/index.html">https://www.hhs.gov/conscience/conscience-protections/index.html</a>
and <a href="https://www.hhs.gov/conscience/religious-freedom/index.html">https://www.hhs.gov/conscience/religious-freedom/index.html</a>.
<bullet> Pursuant to 45 CFR 80.3(d), an individual shall not be
deemed subjected to discrimination by reason of their exclusion from
benefits limited by Federal law to individuals eligible for benefits
and services from the IHS.
E. Federal Awardee Performance and Integrity Information System
(FAPIIS)
The IHS is required to review and consider any information about
the applicant that is in the FAPIIS at <a href="https://www.fapiis.gov/fapiis/#/home">https://www.fapiis.gov/fapiis/#/home</a> before making any award in excess of the simplified acquisition
threshold (currently $250,000) over the period of performance. An
applicant may review and comment on any information about itself that a
Federal awarding agency previously entered. The IHS will consider any
comments by the applicant, in addition to other information in FAPIIS,
in making a judgment about the applicant's integrity, business ethics,
and record of performance under Federal awards when completing the
review of risk posed by applicants, as described in 45 CFR 75.205.
As required by 45 CFR part 75 Appendix XII of the Uniform Guidance,
NFEs are required to disclose in FAPIIS any information about criminal,
civil, and administrative proceedings, and/or affirm that there is no
new information to provide. This applies to NFEs that receive Federal
awards (currently active grants, cooperative agreements, and
procurement contracts) greater than $10 million for any period of time
during the period of performance of an award/project.
Mandatory Disclosure Requirements
As required by 2 CFR part 200 of the Uniform Guidance, and HHS
implementing regulations at 45 CFR part 75, the IHS must require an NFE
or an applicant for a Federal award to disclose, in a timely manner, in
writing to the IHS or pass-through entity all violations of Federal
criminal law involving fraud, bribery, or gratuity violations
potentially affecting the Federal award.
All applicants and recipients must disclose in writing, in a timely
manner, to the IHS and to the HHS Office of Inspector General all
information related to violations of Federal criminal law involving
fraud, bribery, or gratuity violations potentially affecting the
Federal award. 45 CFR 75.113.
Disclosures must be sent in writing to:
U.S. Department of Health and Human Services, Indian Health Service,
Division of Grants Management, ATTN: Marsha Brookins, Director, 5600
Fishers Lane, Mail Stop: 09E70, Rockville, MD 20857, (Include
``Mandatory Grant Disclosures'' in subject line), Office: (301) 443-
5204, Fax: (301) 594-0899, Email: <a href="/cdn-cgi/l/email-protection#83c7c4cec3eaebf0ade4ecf5"><span class="__cf_email__" data-cfemail="15515258557c7d663b727a63">[email protected]</span></a>
AND
U.S. Department of Health and Human Services, Office of Inspector
General, ATTN: Mandatory Grant Disclosures, Intake Coordinator, 330
Independence Avenue SW, Cohen Building, Room 5527, Washington, DC
20201, URL: <a href="https://oig.hhs.gov/fraud/report-fraud/">https://oig.hhs.gov/fraud/report-fraud/</a>, (Include
``Mandatory Grant Disclosures'' in subject line), Fax: (202) 205-0604
(Include ``Mandatory Grant Disclosures'' in subject line) or, Email:
<a href="/cdn-cgi/l/email-protection#672a060903061308151e20150609130202230e14040b08141215021427080e00490f0f1449000811"><span class="__cf_email__" data-cfemail="ade0ccc3c9ccd9c2dfd4eadfccc3d9c8c8e9c4decec1c2ded8dfc8deedc2c4ca83c5c5de83cac2db">[email protected]</span></a>
Failure to make required disclosures can result in any of the
remedies described in 45 CFR 75.371 Remedies for noncompliance,
including suspension or debarment (see 2 CFR part 180 and 2 CFR part
376).
VII. Agency Contacts
1. Questions on the program matters may be directed to: Roxanne
Houston, Program Officer, Indian Health Service, Office of Tribal Self-
Governance, 5600 Fishers Lane, Mail Stop: 08E09B, Rockville, MD 20857,
Phone: (301) 443-7821, Email: <a href="/cdn-cgi/l/email-protection#2674495e47484843086e495355524948664f4e5508414950"><span class="__cf_email__" data-cfemail="2a7845524b44444f0462455f595e45446a434259044d455c">[email protected]</span></a>, Website: <a href="https://www.ihs.gov/SelfGovernance/">https://www.ihs.gov/SelfGovernance/</a>.
2. Questions on awards management and fiscal matters may be
directed to:
[[Page 26577]]
Indian Health Service, Division of Grants Management, 5600 Fishers
Lane, Mail Stop: 09E70, Rockville, MD 20857, Email: <a href="/cdn-cgi/l/email-protection#a8ecefe5e8c1c0db86cfc7de"><span class="__cf_email__" data-cfemail="3175767c715859421f565e47">[email protected]</span></a>.
3. For technical assistance with <a href="http://Grants.gov">Grants.gov</a>, please contact the
<a href="http://Grants.gov">Grants.gov</a> help desk at 800-518-4726, or by email at
<a href="/cdn-cgi/l/email-protection#c8bbbdb8b8a7babc88afbaa9a6bcbbe6afa7be"><span class="__cf_email__" data-cfemail="91e2e4e1e1fee3e5d1f6e3f0ffe5e2bff6fee7">[email protected]</span></a>.
4. For technical assistance with GrantSolutions, please contact the
GrantSolutions help desk at (866) 577-0771, or by email at
<a href="/cdn-cgi/l/email-protection#e189848d91a18693808f95928e8d9495888e8f92cf868e97"><span class="__cf_email__" data-cfemail="89e1ece5f9c9eefbe8e7fdfae6e5fcfde0e6e7faa7eee6ff">[email protected]</span></a>.
VIII. Other Information
The Public Health Service strongly encourages all grant,
cooperative agreement, and contract recipients to provide a smoke-free
workplace and promote the non-use of all tobacco products. In addition,
Public Law 103-227, the Pro-Children Act of 1994, prohibits smoking in
certain facilities (or in some cases, any portion of the facility) in
which regular or routine education, library, day care, health care, or
early childhood development services are provided to children. This is
consistent with the HHS mission to protect and advance the physical and
mental health of the American people.
P. Benjamin Smith,
Deputy Director, Indian Health Service.
[FR Doc. 2023-09097 Filed 4-28-23; 8:45 am]
BILLING CODE 4165-16-P
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</html>Indexed from Federal Register on May 1, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.