[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Notices]
[Pages 10492-10496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4854]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
[Funding Announcement Number: HHS-2010-IHS-TSGN-0001]
Tribal Self-Governance Program; Negotiation Cooperative Agreement
Announcement Type: New.
Catalog of Federal Domestic Assistance Number: 93.444.
Key Dates: Application Deadline Date: April 16, 2010. Review Date:
May 14, 2010. Anticipated Start Date: June 14, 2010.
I. Funding Opportunity Description
The purpose of the Negotiation Cooperative Agreement is to provide
resources to Tribes interested in participating in the Tribal Self-
Governance Program (TSGP), as authorized by Public Law (Pub. L.) 106-
260, the Tribal Self-Governance Amendments of 2000, and Title V of the
Indian Self-Determination and Education Assistance Act, Public Law 93-
638, as amended (Title V) (25 U.S.C. 458aaa-2(e)). The Negotiation
Cooperative Agreement provides a Tribe with funds to help cover the
expenses involved in preparing for and negotiating a compact and
Funding Agreement (FA) with the Indian Health Service (IHS).
There is limited competition under this announcement because the
authorizing legislation restricts eligibility to Tribes that meet
specific criteria (Refer to Section III.1.A., Eligible Applicants in
this announcement). The TSGP is designed to promote Self-Governance by
enabling Tribes to assume control of IHS programs, services, functions,
and activities (PSFAs), or portions thereof, through compacts
negotiated with the IHS. This program is described at 93.444 in the
Catalog of Federal Domestic Assistance (CFDA).
The Negotiation Cooperative Agreement provides resources to assist
Indian Tribes with negotiation activities that include but are not
limited to:
1. Determine what PSFAs, or portions therein, will be negotiated.
2. Identification of Tribal funding shares that will be included in
the FA.
3. Development of the terms and conditions that will be set forth
in the compact and FA.
Indian Tribes that have completed comparable health planning
activities in previous years using Tribal resources are not required to
receive a Self-Governance Planning Cooperative Agreement to be eligible
to apply for a Negotiation Cooperative Agreement. The receipt of a
Negotiation Cooperative Agreement award is not a prerequisite to enter
the TSGP.
The Tribes eligible to compete for the Negotiation Cooperative
Agreements include: Any Federally recognized Indian Tribe that has not
previously received a Negotiation Cooperative Agreement; Federally
recognized Indian Tribes that have previously received a Negotiation
Cooperative Agreement, but chose not to enter the TSGP; and those
Federally recognized Indian Tribes that received a Negotiation
Cooperative Agreement, entered the TSGP, and would like to negotiate
the assumption of new and expanded programs. If a Tribe applies for a
Planning Cooperative Agreement within the same grant cycle, the
Negotiation Cooperative Agreement will be awarded only upon the
successful completion of the Planning Cooperative Agreement.
II. Award Information
Type of Awards: Cooperative Agreement.
Estimated Funds Available: The total amount identified for Fiscal
Year (FY) 2010 is $240,000 for approximately eight Tribes. Awards under
this announcement are subject to the availability of funds. In the
absence of funding, the agency is under no obligation to make awards
that are selected for funding under this announcement.
Anticipated Number of Awards: The estimated number of awards under
the program to be funded is approximately eight.
Project Period: 12 months.
Award Amount: $30,000 per year.
Programmatic Involvement: Negotiation Cooperative Agreements entail
substantial IHS programmatic involvement to establish a process through
which Tribes can effectively approach the IHS to identify PSFAs and
associated funding that could be incorporated into their programs.
The grantee roles and responsibilities are critical to the success
of the TSGP and include:
Determining the PSFAs and associated funding the Tribe may
elect to assume.
[[Page 10493]]
Preparing to discuss each PSFA in comparison to the
current level of services provided, so that an informed decision can be
made on new program assumption.
Developing a compact and FA to submit to the Agency Lead
Negotiator prior to negotiations. The Agency Lead Negotiator is the
Federal official with the delegated authority of the IHS Director to
negotiate compacts and funding agreements on behalf of the IHS.
III. Eligibility Information
1. Eligible Applicants
To be eligible for a Negotiation Cooperative Agreement under this
announcement, an applicant must:
A. Be a Federally recognized Tribe as defined in 25 U.S.C. 450b(e).
However, Alaska Native Villages or Alaska Native Village Corporations
are not eligible if they are located within the area served by an
Alaska Native regional health entity already participating in the
Alaska Tribal Health Compact in 1998. By Congressional statute, the
Native Village of Eyak, Eastern Aleutian Tribes, and the Council for
Athabascan Tribal Governments have also been deemed Alaska Native
regional health entities. Those Alaska Tribes not represented by a
Self-Governance Tribal consortium FA within their area may still be
considered to participate in the TSGP.
B. Submit a Tribal resolution or other official action from the
appropriate governing body of each Indian Tribe to be served
authorizing the submission of the Negotiation Cooperative Agreement
application. An Indian Tribe that is proposing a Negotiation
Cooperative Agreement affecting another Indian Tribe must include
resolutions from all affected Tribes to be served. Tribal consortia
applying for a Negotiation Cooperative Agreement shall submit
individual Tribal Council Resolutions from all individual Tribes who's
PSFAs will be compacted.
Draft resolutions are acceptable in lieu of an official resolution
to submit with the application; however an official signed Tribal
resolution must be received by the Division of Grants Operations (DGO),
Attn: Kimberly M. Pendleton, 801 Thompson Avenue, TMP Suite 360,
Rockville, MD 20852, by May 12, 2010, prior to the Objective Review
Committee (ORC) evaluation on May 14, 2010. If the IHS DGO does not
receive an official signed resolution by May 12, 2010, the application
will be considered incomplete and will be returned to the applicant
without further consideration.
*It is highly recommended that the Tribal resolution be sent by a
delivery method that includes proof of receipt.
C. Demonstrate, for three fiscal years, financial stability and
financial management capability, which is defined as 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.
Applicants are required to submit complete annual audit reports for
the three years prior to the year in which the applicant is applying
for the Negotiation Cooperative Agreement. The applicants may scan an
electronic copy of the documents and attach them to the online
application. If the applicant determines that the audit reports are too
lengthy, then the applicants may submit them separately via regular
mail by the due date, April 16, 2010. Applicants sending in audit
reports via regular mail must submit two copies of the complete audits
for the three previous fiscal years under separate cover directly to
the DGO, Attn: Kimberly M. Pendleton, 801 Thompson Avenue, TMP Suite
360, Rockville, MD 20852, referencing the Funding Opportunity Number,
HHS-2010-IHS-TSGN-0001, as prescribed by Public Law 98-502, the Single
Audit Act, as amended (see OMB Circular A-133, revised June 24, 1997,
Audits of States, Local Governments, and Non-Profit Organizations). If
the IHS DGO does not receive this documentation by April 16, 2010, then
the application will be considered incomplete and will be returned to
the applicant without further consideration. Applicants must include
the grant tracking number assigned to their electronic submission from
Grants.gov and the date submitted via Grants.gov in their cover letter
transmitting the required complete audits for the previous three fiscal
years.
2. Cost Sharing or Matching
The Negotiation Cooperative Agreement does not require matching
funds or cost sharing to participate in the competitive grant process.
3. Other Requirements
A. This program is described at 93.444 in the CFDA.
B. If the application budget documents exceed the stated dollar
amount that is outlined within this announcement, the application will
be returned to the applicant without further consideration.
IV. Application and Submission Information
1. Applicant package may be found through Grants.gov
(www.Grants.gov) or at: http://www.ihs.gov/NonMedicalPrograms/gogp/index.cfm?module=gogp_funding.
Information regarding this announcement may also be found on the
Office of Tribal Self-Governance Web site at: http://www.ihs.gov/NonMedicalPrograms/SelfGovernance/index.cfm?module=planning_negotiation.
2. Content and Form of Application Submission:
A. The application must contain the following:
(1) Table of Contents.
(2) Abstract (one page) summarizing the project.
(3) Project Narrative (no more than seven pages) providing:
(a) Background information on the Tribe.
(b) Proposed scope of work, objectives, and activities that provide
a description of what will be accomplished including a one-page Time
Frame Chart.
(4) Application forms: SF-424, SF-424A, and SF-424B.
(5) Budget narrative and justification.
(6) Tribal Resolution (or official action).
(7) Appendices:
(a) Work plan for proposed objectives.
(b) Resumes or position descriptions of key staff.
(c) Contractor/Consultant resumes or qualifications and scope of
work.
(d) Current Indirect Cost Agreement.
(e) Organizational Chart (optional).
(f) Audits.
B. The project and budget narratives must:
(1) Be single spaced.
(2) Be typewritten.
(3) Have consecutively numbered pages.
(4) Use black type not smaller than 12 characters per one inch.
(5) Be printed on one side only of standard size 8\1/2\'' x 11''
paper.
C. The seven-page limit for the narrative does not include the work
plan, standard forms, Tribal resolutions or letters of support, table
of contents, budget, budget justifications, narratives, and/or other
appendix items.
Public Policy Requirements:
All Federal-wide public policies apply to IHS grants with the
exception of the Discrimination policy.
3. Submission Dates and Times:
Applications must be submitted electronically through Grants.gov by
12 midnight Eastern Standard Time (EST)
[[Page 10494]]
on April 16, 2010. Any application received after the application
deadline will not be accepted for processing, and it will be returned
to the applicant(s) without further consideration for funding.
If technical challenges arise and assistance is required with the
electronic application process, contact Grants.gov Customer Support via
e-mail to [email protected] or at (800) 518-4726. Customer Support is
available to address questions 24 hours a day, 7 days a week (except on
Federal holidays). If problems persist, contact Tammy Bagley, Division
of Grants Policy (DGP) ([email protected]) at (301) 443-5204. Please
be sure to contact Ms. Bagley at least ten days prior to the
application deadline. Please do not contact the DGP until you have
received a Grants.gov tracking number. In the event you are not able to
obtain a tracking number, call the DGP as soon as possible.
If an applicant needs to submit a paper application instead of
submitting electronically via Grants.gov, prior approval must be
requested and obtained. The waiver must be documented in writing (e-
mails are acceptable), before submitting a paper application. A copy of
the written approval must be submitted along with the hardcopy that is
mailed to the DGO (Refer to Section VII for grant contact information).
Paper applications that are submitted without a waiver will be returned
to the applicant without review or further consideration. Late
applications will not be accepted for processing, will be returned to
the applicant, and will not be considered for funding.
4. Intergovernmental Review:
Executive Order 12372 requiring intergovernmental review is not
applicable to this program.
5. Funding Restrictions:
A. Each Negotiation Cooperative Agreement shall not exceed $30,000.
B. The available funds are inclusive of direct and appropriate
indirect costs.
C. Only one Negotiation Cooperative Agreement will be awarded per
applicant per grant cycle.
D. Pre-award costs are not allowable without prior approval from
the awarding agency. All pre-award costs are incurred at the
recipient's risk.
6. Electronic Submission Requirements:
The preferred method for receipt of applications is electronic
submission through Grants.gov. In order to submit an application
electronically, please go to http://www.Grants.gov and select the
``Apply for Grants'' link on the home page. Download a copy of the
application package on the Grants.gov Web site, complete it offline and
then upload and submit the application via the Grants.gov site. You may
not e-mail an electronic copy of a grant application to IHS.
Applicants that receive a waiver to submit paper application
documents must follow the rules and timelines that are noted below. The
applicant must seek assistance at least ten days prior to the
application deadline (exact date April 6, 2010).
Please be reminded of the following:
Please search for the application package in Grants.gov
(http://www.Grants.gov) by entering the CFDA number or the Funding
Opportunity Number. Both numbers are located in the header of this
announcement.
Paper applications are not the preferred method for
submitting applications. However, if you experience technical
challenges while submitting your application electronically, please
contact Grants.gov Customer Support directly at: http://www.Grants.gov/
CustomerSupport or (800) 518-4726. Customer Support is available to
address questions 24 hours a day, 7 days a week (except on Federal
holidays).
Upon contacting Grants.gov, 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 request from the DGO must
be obtained.
If it is determined that a waiver is needed, you must
submit a request in writing (e-mails are acceptable) to
[email protected] with a copy to [email protected]. Please
include a clear justification for the need to deviate from our standard
electronic submission process.
If the waiver is approved, the application should be sent
directly to the DGO grants official (Refer to Section VII) by the
deadline date, April 16, 2010.
You must submit all documents electronically, including
all information typically included on the SF-424 and all necessary
assurances and certifications. Audits being sent separately must be
received by the due date, April 16, 2010. Although draft Tribal
resolutions may be submitted with the application, an official signed
Tribal resolution must be received by May 12, 2010, prior to the ORC
review on May 14, 2010.
Please use the optional attachment feature in Grants.gov
to attach additional documentation that may be requested by IHS.
Your application must comply with any page limitation
requirements described in the program announcement.
After you electronically submit your application, you will
receive an automatic acknowledgment from Grants.gov that contains a
Grants.gov tracking number. The IHS DGO will retrieve your application
from Grants.gov. The DGO will not notify applicants that the
application has been received.
If submission of a paper application is requested and
approved, the original and two copies must be sent to the appropriate
grants contact listed in Section VII.
E-mail applications will not be accepted under this
announcement.
Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
Applicants are required to have a DUNS number to apply for a grant
or cooperative agreement from the Federal Government. The DUNS number
is a unique nine-digit identification number provided by D&B, which
uniquely identifies your entity. The DUNS number is site specific;
therefore each distinct performance site may be assigned a DUNS number.
Obtaining a DUNS number is easy and there is no charge. To obtain a
DUNS number, you may access it through the following Web site http://fedgov.dnb.com/webform or to expedite the process call (866) 705-5711.
Another important fact is that applicants must also be registered
with the Central Contractor Registration (CCR) and a DUNS number is
required before an applicant can complete their CCR registration.
Registration with the CCR is free of charge. Applicants may register
online at http://www.ccr.gov or by calling (866) 606-8220. Additional
information regarding the DUNS, CCR, and Grants.gov processes can be
found at: www.Grants.gov.
V. Application Review Information
1. Criteria
A. Demonstration of Previous Planning Activities (30 points).
Has the Indian Tribe determined the PSFAs it will assume? Has the
Indian Tribe determined it has the administrative infrastructure to
support the assumption of the PSFAs? Are the results of what was
learned or is being learned during the planning process clearly stated?
B. Thoroughness of Approach (25 points).
Is a specific narrative provided regarding the direction the Indian
Tribe plans to take in the TSGP? How will the Tribe demonstrate
improved health and
[[Page 10495]]
services to the community it serves? Are proposed time lines for
negotiations indicated?
C. Project Outcome (25 points).
What beneficial contributions are expected or anticipated for the
Tribe? Is information provided on the services that will be assumed?
What improvements will be made to manage the health care system? Are
Tribal needs discussed in relation to the proposed programmatic
alternatives and outcomes which will serve the Tribal community?
D. Administrative Capabilities (20 points).
Does the Indian Tribe clearly demonstrate knowledge and experience
in the operation and management of health programs? Is the internal
management and administrative infrastructure of the applicant
described?
2. Review and Selection Process
In addition to the criteria in Section V.1., applications are
considered according to the following:
A. Application Submission
(1) The applicant and proposed project type is eligible in
accordance with this cooperative agreement announcement.
(2) The application is not a duplication of a previously funded
project.
(3) The application narrative, forms, and materials submitted meet
the requirements of the announcement, allowing the review panel to
undertake an in-depth evaluation.
B. Competitive Review of Eligible Applications
Applications will undergo an initial pre-screening by the DGO. The
pre-screening will assess whether applications that meet the
eligibility requirements are complete, responsive, and conform to
criteria outlined in this program announcement. The applications that
meet the minimum criteria will be reviewed for merit by the ORC based
on the evaluation criteria. The ORC is composed of both Tribal and
Federal reviewers, appointed by the IHS, to review and make
recommendations on these applications. The review will be conducted in
accordance with the IHS Objective Review Guidelines. The technical
review process ensures selection of quality projects in a national
competition for limited funding. Applications will be evaluated and
rated by each reviewer on the basis of the evaluation criteria listed
in Section V.1. The reviewers will use the criteria outlined in this
announcement to evaluate the quality of a proposed project, determine
the likelihood of success, and assign a numerical score to each
application. The scoring of approved applications will assist the IHS
in determining which proposals will be funded if the amount of TSGP
funding is not sufficient to support all approved applications.
Applications scored by the ORC at 60 points and above will be
recommended for approval and forwarded to the DGO for cost analysis and
further recommendation. The program official will forward the approval
list to the IHS Director for final review and approval. Applications
scoring below 60 points will be disapproved.
Note: In making final selections, the IHS Director will
consider the ranking factors and the status of the applicant's three
previous years' single audit reports. The comments from the
individual reviewers that participate in the ORC will be
recommendations only. The IHS Director will make the final decision
on awards.
VI. Award Administration Information
1. Award Notices
The Notice of Award (NoA) is a legally binding document, signed by
the Grants Management Officer, and serves as the official notification
of the grant award. 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 grant, the terms and
conditions of the award, the effective date of the award, and the
budget/project period. The NoA will be mailed via postal mail to each
entity that is approved for funding under this announcement. Applicants
who are approved but unfunded or disapproved based on their Objective
Review score will receive a copy of the Final Executive Summary which
identifies the weaknesses and strengths of the application submitted.
Any correspondence other than the NoA announcing to the Project
Director that an application was selected is not an authorization to
begin performance.
2. Administrative Requirements
Cooperative Agreements are administered in accordance with the
following documents:
A. The criteria as outlined this Program Announcement.
B. Program and Administrative Regulations:
Program Regulations, 42 CFR 136.101 et seq.
45 CFR Part 92, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State, Local and Tribal
Governments.
C. Grants Policy:
HHS Grants Policy Statement, January 2007.
D. Cost Principles:
Title 2: Grant and Agreements, Part 225--Cost Principles
for State, Local, and Indian Tribal Governments (OMB Circular A-87).
E. Audit Requirements:
Audits of States, Local Governments, and Non-profit
Organizations (OMB Circular A-133).
3. Indirect Costs
This section applies to all grant recipients that request
reimbursement of indirect costs in their grant application. In
accordance with the HHS Grants Policy Statement, Part II-27, IHS
requires applicants to have a current indirect cost rate agreement in
place prior to 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 means the rate covering the
applicable activities and the award budget period. If the current rate
is not on file with the DGO at the time of award, the indirect cost
portion of the budget will be restricted and not available to the
recipient until the current rate is provided to the DGO. Generally,
indirect costs rates for IHS grantees are negotiated with the Division
of Cost Allocation (http://rates.psc.gov/) and the Department of the
Interior National Business Center (1849 C St., NW., Washington, DC
20240) (http://www.aqd.nbc.gov/services/ICS/aspx). If your organization
has questions regarding the indirect cost policy, please contact the
DGO at (301) 443-5204 to request assistance.
4. Reporting Requirements
Grantees must submit the reports consistent with the applicable
deadlines. Failure to submit required reports within the time allowed
may result in suspension or termination of an active cooperative
agreement, 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 one or both of the following: (1) The
imposition of special award provisions; and (2) the non-funding or non-
award of other eligible projects or activities. This applies whether
the delinquency is attributable to the failure of the grantee
organization or the individual responsible for preparation of the
reports.
A. Progress Report. Program progress reports are required to be
submitted semi-annually, within 30 days after the
[[Page 10496]]
budget period ends, and will include a brief comparison of actual
accomplishments to the goals established for the period, or, if
applicable, provide sound justification for the lack of progress, and
other pertinent information as required. A final report must be
submitted within 90 days of expiration of the budget/project period.
B. Financial Status Report. Semi-annual financial status reports
must be submitted within 30 days after the budget period ends. Final
financial status reports are due within 90 days of expiration of the
budget/project period. Standard Form (SF) 269 (long form) will be used
for financial reporting and the final SF-269 must be verified from the
grantee's records on how the value was derived.
C. Federal Cash Transaction Reports are due every calendar quarter
to the Division of Payment Management (DPM), Payment Management Branch.
Please refer to the DPM Web site (http://www.dpm.psc.gov/) for
additional guidance. Failure to submit timely reports may cause a
disruption in timely payments to your organization.
Telecommunication for the hearing impaired is available at: TTY
(301) 443-6394.
VII. IHS Agency Contact(s)
1. Questions on the programmatic issues may be directed to: Anna
Old Elk, Program Analyst, Office of Tribal Self-Governance, Telephone
No.: (301) 443-7821, Fax No.: (301) 443-1050, E-mail:
[email protected].
2. Questions on grants management and fiscal matters may be
directed to: Kimberly M. Pendleton, Grants Management Officer, Division
of Grants Operations, Telephone No.: (301) 443-5204, Fax No.: (301)
443-9602, E-mail: [email protected].
VIII. Other Information
The Public Health Service (PHS) strongly encourages all 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 PHS mission to protect and advance the physical and
mental health of the American people.
Dated: March 1, 2010.
Yvette Roubideaux,
Director, Indian Health Service.
[FR Doc. 2010-4854 Filed 3-5-10; 8:45 am]
BILLING CODE 4165-16-P