[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Notices]
[Pages 25267-25271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12314]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


Tribal Self-Governance Program; Negotiation Cooperative Agreement

    Announcement Type: New Funding.
    Announcement Number: HHS-2009-IHS-TSGN-0001.
    Catalog of Federal Domestic Assistance Number: 93.444.
    Key Dates:
    Application Deadline Date: June 22, 2009.
    Review Date: July 6-7, 2009.
    Anticipated Start Date: August 3, 2009.

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, 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)). There is limited 
competition under this announcement because the authorizing legislation 
restricts eligibility to Tribes that meet

[[Page 25268]]

specific criteria (Refer to Section III.1.A., ELIGIBLE APPLICANTS in 
this announcement). The TSGP is designed to promote Self-Determination 
by enabling Tribes to assume control of Indian Health Service (IHS) 
programs, services, functions, and activities, or portions thereof 
(PSFAs), through compacts negotiated with the IHS. The Negotiation 
Cooperative Agreement provides a Tribe with funds to help cover the 
expenses involved in preparing for and negotiating a compact 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 will be negotiated.
    2. Identification of Tribal funding shares that will be included in 
the funding agreement (FA).
    3. Development of the terms and conditions that will be set forth 
in the FA.
    Indian Tribes that have completed comparable health planning 
activities in previous years using Tribal resources but have not 
received a self-governance planning cooperative agreement award are 
eligible to apply for a Negotiation Cooperative Agreement. The award of 
a Negotiation Cooperative Agreement is not a prerequisite to enter the 
TSGP.

II. Award Information

    Type of Awards: Cooperative Agreement.
    Estimated Funds Available: The total amount identified for Fiscal 
Year (FY) 2009 is $240,000 for approximately eight Tribes. Awards under 
this announcement are subject to the availability of funds.
    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: Self-Governance 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 IHS roles and responsibilities will include:
     Providing a description of PSFAs and associated funding at 
all levels, including funding formulas and methodologies related to 
determining Tribal shares.
     Identification of IHS staff that will consult with 
applicants on methods currently used to manage and deliver health care.
     Provide applicants with statutes, regulations, and 
policies that provide authority for administering IHS programs, 
including contract support costs criteria for new or expanded programs.
    The Grantee's roles and responsibilities are essential to the 
overall success of the project. Therefore the grantee must:
     Determine the PSFAs and associated funding the Tribe may 
elect to assume.
     Prepare 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.
     Develop 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. Those Tribes not represented by a self-
governance Tribal consortium funding agreement within their area may 
still be considered to participate in the TSGP.
    B. Submit a resolution or official action from the appropriate 
governing body 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. For Tribal 
consortia applying for a Negotiation Cooperative Agreement, individual 
Tribal Council Resolutions from all individual Tribes whose PSFAs will 
be compacted must be submitted.
    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 Management (DGM), 
Attn: John Hoffman, 801 Thompson Avenue, TMP, Suite 360, Rockville, MD 
20852, prior to the evaluation on July 6, 2009. If an official signed 
resolution is not submitted by July 6, 2009, 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. Grantees are required to 
submit annual audit reports for the three years prior to the year in 
which the application will be submitted. The applicants may scan the 
documents and attach them to the electronic application. If the 
applicant determines that the audit reports are too lengthy, the 
applicants may submit them separately via regular mail by the due date, 
June 22, 2009. Applicants sending in audit reports via regular mail 
must submit two copies of the audits for the three previous fiscal 
years under separate cover directly to the DGM, Attn: John Hoffman, 801 
Thompson Avenue, TMP, Suite 360, Rockville, MD 20852, referencing the 
Funding Opportunity Number, HHS-2009-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 this documentation is not submitted with 
the application by the application receipt date, June 22, 2009, 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 by 
Grants.gov and the date submitted via Grants.gov in their cover letter 
transmitting the required 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 exceeds the stated dollar amount that 
is outlined

[[Page 25269]]

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 (http://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/NonMedicalProgramsv/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) 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) Budget narrative and justification.
    (5) Tribal Resolution (or official action).
    (6) 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 Lobbying and Discrimination 
public policy.
    3. Submission Dates and Times:
    Applications must be submitted electronically through Grants.gov by 
12 midnight Eastern Standard Time (EST) on the deadline date. If 
technical challenges arise and the applicant is unable to successfully 
complete the electronic application process, the grantee must submit a 
request, in writing (e-mails are acceptable), to Michelle Bulls, DGM, 
at [email protected], to obtain approval to submit a paper 
application. The request must be submitted at least 15 days prior to 
the application deadline and should include a justification for the 
need to deviate from the standard electronic submission process. Upon 
receipt of approval, a hard-copy application package must be downloaded 
by the applicant from Grants.gov and sent directly to John Hoffman, 
Division of Grants Management, 801 Thompson Avenue, TMP, Suite 360, 
Rockville, MD 20852 by the due date, June 22, 2009. Applications not 
submitted through Grants.gov, without an approved waiver, may be 
returned to the applicant without review or consideration. Late 
applications will not be accepted for processing nor considered for 
funding and will be returned to the applicant. 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:
    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.
    Electronic Submission--The preferred method for receipt of 
applications is electronic submission through Grants.gov. However, 
should any technical challenges arise regarding the submission, please 
contact Grants.gov Customer Support at 1-800-518-4726 or 
[email protected]. The Contact Center hours of operation are Monday-
Friday from 7 a.m. to 9 p.m. EST. If you require additional assistance 
please call the DGM at (301) 443-6290 and identify the need for 
assistance regarding your Grants.gov application. Your call will be 
transferred to the appropriate grants staff member. The applicant must 
seek assistance at least fifteen days prior to the application 
deadline. Applicants that do not adhere to the timelines for Central 
Contractor Registration (CCR) and/or Grants.gov registration and/or 
requesting timely assistance with technical issues will not be a 
candidate for paper applications. CCR is the primary registrant 
database for the Federal Government and collects, validates, stores, 
and disseminates data in support of agency acquisition missions.
    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 
website, 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.
    Please be reminded of the following:
     Under the new IHS application submission requirements, 
paper applications are not the preferred method. However, if you have 
technical problems submitting your application on-line, please contact 
Grants.gov Customer Support at: http://www.grants.gov/CustomerSupport
     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 DGM must 
be obtained.
     Upon entering the Grants.gov site, there are application 
instructions available to applicants under this announcement that 
outline the requirements of the Grants.gov submission process, as well 
as the hours of operation. We strongly encourage all applicants not to 
wait until the deadline date to begin the application process through 
Grants.gov as the registration process for CCR and Grants.gov could 
take up to fifteen working days.
     To use Grants.gov, you, as the applicant, must have a Data 
Universal Number System (DUNS) number and register in the CCR. You 
should allow a minimum of ten days working days to complete CCR 
registration. See below on how to apply.
     You must submit all documents electronically, including 
all information typically included on the SF-424 and all necessary 
assurances and certifications.
     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 DGM will retrieve your application 
from Grants.gov. The DGM will not notify

[[Page 25270]]

applicants that the application has been received.
     You may access the electronic application for this program 
on http://www.Grants.gov.
     You may search for the downloadable application package 
either by the CFDA number or the Funding Opportunity Number. Both 
numbers are identified in the heading of this announcement.
     The applicant must provide the Funding Opportunity Number: 
HHS-2009-IHS-TSGN-0001.
     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 IV.3.
     E-mail applications will not be accepted under this 
announcement.

DUNS Number

    Applicants are required to obtain a DUNS number from Dun and 
Bradstreet to apply for a grant or cooperative agreement from the 
Federal Government. The DUNS number is a nine-digit identification 
number, which uniquely identifies business entities. Obtaining a DUNS 
number is easy and there is no charge. To obtain a DUNS number, access 
http://www.dunandbradstreet.com or call 1-866-705-5711. Interested 
parties may wish to obtain their DUNS number by phone to expedite the 
process.
    Applications submitted electronically must also be registered with 
the CCR. A DUNS number is required before CCR registration can be 
completed. Many organizations may already have a DUNS number. Please 
use the number listed above to investigate whether or not your 
organization has a DUNS number. Registration with the CCR is free of 
charge.
    Applicants may register by calling 1-888-227-2423. Please review 
and complete the CCR Registration Worksheet located on http://www.grants.gov/CCRRegister.
    More detailed information regarding these registration processes 
can be found at http://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 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 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.
    (4) Applicants must not have previously received a Negotiation 
Cooperative Agreement award.
B. Competitive Review of Eligible Applications
    Applications meeting eligibility requirements that are complete, 
responsive, and conform to this program announcement will be reviewed 
for merit by the Objective Review Committee (ORC) 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 on the basis of the evaluation criteria 
listed in Section V.1. The ORC uses the criteria 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 DGM 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 single audit 
reports. The comments from the ORC will be advisory only. The IHS 
Director will make the final decision on awards.

IV. Award Administration Information

1. Award Notices

    The Notice of Award (NoA) will be initiated by the DGM and will be 
mailed via postal mail to each entity that is approved for funding 
under this announcement. The NoA will be signed by the Grants 
Management Officer and this is the authorizing document under which 
funds are dispersed to the approved entities. The NoA will serve as the 
official notification of the grant award and will reflect 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 is the legally binding document. 
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:
     This Program Announcement.
     Program Regulations, 42 CFR Part 136.101 et seq.
     45 CFR Part 92, ``Uniform Administrative Requirements for 
Grants and Cooperative Agreements to State, Local and Tribal 
Governments,'' or 45 CFR Part 74, ``Uniform Administrative

[[Page 25271]]

Requirements for Awards to Institutions of Higher Education, Hospitals, 
Other Non Profit Organizations, and Commercial Organizations.''
     Grants Policy Guidance: HHS Grants Policy Statement, 
January 2007.
     Cost Principles: OMB Circular A-87, ``Cost Principles for 
State, Local, and Indian Tribal Governments'' (Title 2 Part 225).
     Administrative Requirements: OMB Circular A-122, ``Non 
Profit Organizations'' (Title 2 Part 230).
     Audit Requirements: OMB Circular A-133, ``Audits of 
States, Local Governments, and Non-Profit Organizations.''

3. Indirect Costs

    This section applies to all grant recipients that request 
reimbursement of indirect costs in their grant application. In 
accordance with 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 DGM 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 DGM.
    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.nbc.gov/acquisition/ics/icshome.html. 
If your organization has questions regarding the indirect cost policy, 
please contact the DGM at (301) 443-5204 or (301) 443-6290.

4. Reporting

    A. Progress Report. Program progress reports are required semi-
annually. These reports must be submitted within 30 days of the end of 
the half year 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 of the end of the half year. Final 
financial status reports are due within 90 days of expiration of the 
budget/project period. Standard Form 269 (long form) will be used for 
financial reporting. The final SF-269 must be verified from the 
grantee's records on how the value was derived. Grantees must submit 
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.
    5. Telecommunication for the hearing impaired is available at: TTY 
(301) 443-6394.

VII. Agency Contact(s)

    1. Questions on the programmatic issues may be directed to: Matt 
Johnson, Policy 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: John Hoffman, Grants Management Specialist, Division of 
Grants Management, 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: May 20, 2009.
Randy Grinnell,
Deputy Director, Management Operations, Indian Health Service.
[FR Doc. E9-12314 Filed 5-26-09; 8:45 am]
BILLING CODE 4165-16-P