[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47405-47411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19343]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

[Funding Announcement Number HHS-2012-IHS-TSGN-0001]


Funding Opportunity: Tribal Self-Governance Program; Negotiation 
Cooperative Agreement

    Catalog of Federal Domestic Assistance Number: 93.444.

    Announcement Type: New--Limited Competition.

Key Dates

    Application Deadline Date: September 9, 2012.
    Review Date: September 12, 2012.
    Earliest Anticipated Start Date: September 30, 2012.
    Signed Tribal Resolutions Due Date: September 11, 2012.

I. Funding Opportunity Description

Statutory Authority

    The Indian Health Service (IHS) Office of Tribal Self-Governance 
(OTSG) is accepting limited competition Negotiation Cooperative 
Agreement applications for the Tribal Self-Governance Program (TSGP). 
This program is authorized under Public Law (Pub. L.) 106-260, the 
Tribal Self-Governance Amendments of 2000; Title V of the Indian Self-
Determination and Education Assistance Act (ISDEAA), Public Law 93-638, 
as amended; and the Snyder Act, Public Law 67-85 (25 U.S.C. 13). This 
program is described in the Catalog of Federal Domestic Assistance 
(CFDA) under 93.444.

Background

    The TSGP is more than an IHS program; it is an expression of the 
government-to-government relationship between the United States and 
each Indian Tribe. Through the TSGP, Tribes negotiate with the IHS to 
assume IHS programs, services, functions, and activities (PSFAs), or 
portions thereof, to manage them to best fit the needs of their Tribal 
communities. Participation in the TSGP is one of three ways that Tribes 
can choose to obtain health care from the Federal Government for their 
members. 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; Tribes may 
choose to combine them based on their individual needs and 
circumstances. Participation in the TSGP affords Tribes the most 
flexibility to tailor health care services to the needs of their 
communities. The TSGP is and always has been a Tribally driven 
initiative, and strong Federal-Tribal partnerships have been critical 
to the program's success. The OTSG serves as the primary liaison and 
advocate for Tribes participating in the TSGP and was established to 
implement Tribal Self-Governance legislation and authorities within the 
IHS. The OTSG develops, directs, and implements Tribal Self-Governance 
policies and procedures; provides information and technical assistance 
to Self-Governance Tribes; and advises the IHS Director on Agency 
compliance with TSGP policies, regulations and guidelines. Each IHS 
Area has an Agency Lead Negotiator (ALN) that negotiates the Self-
Governance instruments (Compacts and Funding Agreements) on behalf of 
the IHS Director. To begin the Self-Governance negotiations process, a 
Tribe should contact the ALN. The ALN will provide an overview of the 
TSGP negotiations process and will provide technical assistance as the 
Tribe prepares to participate in the TSGP.

Purpose

    The purpose of this Negotiation Cooperative Agreement is to provide 
resources to Tribes to help defray the costs involved in and preparing 
for the TSGP negotiations process. Title V of the ISDEAA requires that 
a Tribe or Tribal Organization complete a planning phase to the 
satisfaction of the Tribe. Negotiations are a dynamic, evolving, and 
tribally driven process that requires careful planning and preparation 
by both parties, including the sharing of precise, up-to-date 
information. Because each Tribal situation is unique, a Tribe's 
successful transition into the TSGP requires focused discussions 
between the Federal and Tribal negotiation team about the Tribe's 
specific health care concerns and plans. The design of the negotiation 
process: (1) Enables a Tribe

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to set its own priorities when assuming responsibility for IHS PSFAs, 
(2) observes the government-to-government relationship between the 
United States and each Tribe, and (3) involves the active participation 
of both Tribal and IHS representatives, including the IHS OTSG. The 
process for entering the TSGP has four major stages: planning, pre-
negotiations, negotiations, and post-negotiations. During pre-
negotiations, the Tribal and Federal negotiation teams review and 
discuss issues identified during the planning phase. A draft Compact, 
Funding Agreement, and funding table are developed, typically by the 
Tribe, and distributed to both the Tribal and Federal negotiation 
teams. These draft documents are used as the basis for pre and final 
negotiations. Pre-negotiations provide an opportunity for the Tribe and 
the IHS to identify and discuss issues directly related to the Tribe's 
Compact, Funding Agreement and Tribal shares. At final negotiations, 
Tribal and Federal negotiations teams come together to determine and 
agree upon the terms and provisions of the Tribes Compact and Funding 
Agreement. The Tribal negotiation team may include a Tribal leader from 
the governing body (or a designee), the Tribal Health Director, 
technical and program staff, legal counsel and other consultants. The 
Federal negotiation team is led by the ALN and generally includes an 
OTSG Program Analyst, a member of the Office of General Counsel, and 
may also include other IHS staff and subject matter experts as needed. 
The ALN is the only member of the Federal negotiation team with 
delegated authority to negotiate on behalf of the IHS Director. These 
negotiations provide the opportunity for both sides to work together in 
good faith to enhance each Self-Governance agreement. Negotiations are 
not an allocation process; they provide an opportunity to mutually 
review and discuss budget and program issues. As issues arise, both 
negotiation teams work through the issues to reach agreement on the 
final documents. After negotiations are complete, the Compact and 
Funding Agreement are signed by the authorizing Tribal official and 
submitted to the ALN, who then reviews the final package to ensure each 
document accurately reflects what was agreed to during negotiations. 
Once the ALN completes this review, the final package is submitted to 
the OTSG to be prepared for the IHS Director's signature. Once the 
Compact and Funding Agreement have been signed by both parties, they 
become legally binding and enforceable agreements and the negotiating 
Tribe becomes a ``Self-Governance Tribe,'' and a participant in the 
TSGP.

Limited Competition Justification

    There is limited competition under this announcement because the 
authorizing legislation restricts eligibility to Tribes that meet 
specific criteria (refer to Section III.1. Eligiblity of this 
announcement). See 25 U.S.C. 458aaa-2(e); 42 CFR 137.24-25; see also 42 
CFR137.10. The Tribes eligible to compete for the Negotiation 
Cooperative Agreements include: any Indian Tribe that has not 
previously received an Negotiation Cooperative Agreement; any Indian 
Tribe that has previously received a Negotiation Cooperative Agreement 
but chose not to enter the TSGP; and those Indian Tribes that have 
previously received a Negotiation Cooperative Agreement, entered the 
TSGP, and would like to negotiate the assumption of new and/or expanded 
programs. The receipt of a Negotiation Cooperative Agreement is not a 
prerequisite to enter the TSGP. A Tribe may use its own resources to 
develop and negotiate its Compact and Funding Agreement. Tribes that 
receive Negotiation Cooperative Agreements are not obligated to 
participate in Title V.

II. Award Information

Type of Award

    Cooperative Agreement.

Estimated Funds Available

    The total amount of funding identified for the current fiscal year 
(FY) 2012 is approximately $240,000. Individual award amounts shall not 
exceed $48,000. Competing awards issued under this announcement are 
subject to the availability of funds. In the absence of funding, the 
IHS is under no obligation to make awards that are selected for funding 
under this announcement.

Anticipated Number of Awards

    Approximately five awards will be issued under this program 
announcement.

Project Period

    The project period will be for 12 months and will run from 
September 30, 2012 to September 29, 2013.

Cooperative Agreement

    In the Department of Health and Human Services (HHS), a cooperative 
agreement is administered under the same policies as a grant. The 
funding agency (IHS) is required to have substantial programmatic 
involvement in the project during the entire award segment. Below is a 
detailed description of the level of involvement required for both IHS 
and the grantee. The IHS will be responsible for activities listed 
under section A and the grantee will be responsible for activities 
listed under section B as stated:

Substantial Involvement Description for Cooperative Agreement

A. IHS Programmatic Involvement
    (1) 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.
    (2) Meet with Tribe to provide program information and discuss 
methods currently used to manage and deliver health care.
    (3) Identify and provide statutes, regulations, and policies that 
provide authority for administering IHS programs.
    (4) Provide technical assistance on the IHS budget, Tribal shares, 
and other topics as needed.
B. Grantee Cooperative Agreement Award Activities
    (1) Determine what PSFAs, or portions thereof, will be negotiated 
into the Tribe's Compact and Funding Agreement and 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.
    (2) Identify Tribal funding shares associated with the PSFAs that 
will be included in the Funding Agreement.
    (3) Develop the terms and conditions that will be set forth in both 
the Compact and Funding Agreement to submit to the ALN prior to 
negotiations.

III. Eligibility Information

1. Eligibility

    To be eligible for this Limited Competition Negotiation Cooperative 
Agreement under this announcement, an applicant must:
    A. Be an ``Indian Tribe'' as defined in 25 U.S.C. 450b(e); a 
``Tribal Organization'' as defined in 25 U.S.C. 450b(l); or an ``Inter-
Tribal Consortium'' as defined at 42 CFR 137.10. Entities must be 
eligible to receive IHS funds for the provision of health care services 
pursuant to the ISDEAA in order to be eligible for this award. Pursuant 
to the Consolidated Appropriations Act, 2012, Public Law 112-74, ``the 
Indian Health Service may not disburse funds for the provision of 
health care services pursuant to [the ISDEAA] to any Alaska Native 
village or Alaska Native village

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corporation that is located within the area served by an Alaska Native 
regional health entity.''
    B. Submit a Tribal resolution from the appropriate governing body 
of each Indian Tribe to be served under the ISDEAA compact and 
authorizing the submission of the Negotiation Cooperative Agreement 
application. Tribal consortia applying for a TSGP Negotiation 
Cooperative Agreement shall submit Tribal Council resolutions from each 
Tribe in the consortium. Tribal resolutions can be attached to the 
electronic online application.
    Draft resolutions can be submitted with the application in lieu of 
an official signed resolution; however an official signed Tribal 
resolution must be received by the Division of Grants Management (DGM), 
prior to the Objective Review on September 6, 2012. Official signed 
resolutions can be mailed to the DGM, Attn: John Hoffman, 801 Thompson 
Avenue, TMP, Suite 360, Rockville, MD 20852. Please contact John 
Hoffman by telephone at (301) 443-5204 prior to September 6, 2012 
regarding submission questions. If the DGM does not receive an official 
signed resolution by September 5, 2012, then the application will be 
considered incomplete and ineligible for review or further 
consideration.
    C. Demonstrate, for three fiscal years, financial stability and 
financial management capability. Applicants are required to submit 
complete annual audit report for the three fiscal years prior to the 
year the applicant is applying for the Negotiation Cooperative 
Agreement. The Indian Tribe must provide evidence that for the three 
years prior to applying for the Negotiation Cooperative Agreement; the 
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 42 CFR137.21-23. Scanned electronic copies of the documents 
can be attached to the electronic 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, August 30, 
2012. Applicants sending audits via regular mail must submit two copies 
of the complete 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. Applicants must reference 
the following information in their cover letter transmitting the 
required complete audits: (1) The Funding Opportunity Number: HHS-2012-
IHS-TSGN-0001, (2) the grant tracking number assigned to their 
electronic submission from http://www.Grants.gov, and (3) the date 
submitted via http://www.Grants.gov. If the DGM does not receive this 
documentation by August 30, 2012, then the application will be 
considered incomplete and ineligible for review or further 
consideration.
    Please note that meeting eligibility criteria for a Negotiation 
Cooperative Agreement does not mean that a Tribe or Tribal Organization 
will be eligible for participation in the IHS TSGP under Title V of the 
ISDEAA, 25 U.S.C. 458aaa-2; 42 CFR 137.15-23.

    Note:  Applicants submitting any of the above documentation 
after or aside from the online electronic application submission are 
required to ensure the information is received by the IHS. It is 
highly recommended that the documentation be sent by a delivery 
method that includes delivery confirmation and tracking.

    (2). Note:
     Please refer to Section IV.2 (Application and Submission 
Information/Subsection 2, Content and Form of Application Submission) 
for additional documents required to determine eligibility for this 
announcement.

2. Cost Sharing or Matching

    The IHS does not require matching funds or cost sharing for grants 
or cooperative agreements.

3. Other Requirements

    If application budgets exceed the highest dollar amount outlined 
under the ``Estimated Funds Available'' section within this funding 
announcement, the application will be considered ineligible and will 
not be reviewed for further consideration. The IHS will not return your 
application to you. You will be notified by email or certified mail by 
the DGM of this decision.
    Letters of Intent will not be required under this funding 
opportunity announcement.

IV. Application and Submission Information

1. Obtaining Application Materials

    The application package and detailed instructions for this 
announcement can be found at http://www.Grants.gov or http://www.ihs.gov/NonMedicalPrograms/gogp/index.cfm?module=gogp_funding
    Additional information regarding the TSGP may also be found on the 
OTSG Web site at http://www.ihs.gov/selfgovernance.
    For questions regarding the electronic application process, please 
contact Paul Gettys, DGM Grant Systems Coordinator, by telephone at 
(301) 443-2114, or by email to [email protected].

2. Content and Form Application Submission

    The applicant must include the project narrative as an attachment 
to the application package. Mandatory documents for all applicants 
include:
     Table of contents.
     Abstract (one page) summarizing the project.
     Application forms:
     [cir] SF-424, Application for Federal Assistance.
     [cir] SF-424A, Budget Information--Non-Construction Programs.
     [cir] SF-424B, Assurances--Non-Construction Programs.
      Budget Justification and Narrative (must be single spaced 
and not exceed 5 pages).
     Project Narrative (must not exceed 10 pages).
     [cir] Background information on the Tribe
     [cir] Proposed scope of work, objectives, and activities that 
provide a description of what will be accomplished, including a one-
page Timeframe Chart.
     Tribal Resolution(s).
     501(c)(3) Certificate (if applicable).
     Biographical sketches for all Key Personnel.
     Contractor/Consultant resumes or qualifications and scope 
of work.
     Disclosure of Lobbying Activities (SF-LLL).
     Certification Regarding Lobbying (GG-LobbyingForm).
     Copy of current Negotiated Indirect Cost rate (IDC) 
agreement (required) in order to receive IDC.
     Organizational Chart (optional).
     Documentation of three years of Office of Management and 
Budget (OMB) A-133 required Financial Audit (see Section III.1.C. of 
this announcement for more information).

3. Public Policy Requirements

    All Federal-wide public policies apply to IHS grants with exception 
of the Discrimination policy.

4. Requirements for Project and Budget Narratives

    A. Project Narrative: This narrative should be a separate Word 
document that is no longer than 10 pages and must: be single-spaced, be 
type written, have consecutively numbered pages, use black type not 
smaller than 12 characters per one inch, and be printed

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on one side only of standard size 8\1/2\'' x 11'' paper.
    Be sure to succinctly answer all questions listed under the 
evaluation criteria (refer to Section V.1, Evaluation criteria in this 
announcement) and place all responses and required information in the 
correct section (noted below), or they will not be considered or 
scored. These narratives will assist the Objective Review Committee 
(ORC) in becoming more familiar with the grantee's activities and 
accomplishments prior to this possible grant award. If the narrative 
exceeds the page limit, only the first 10 pages will be reviewed. The 
10-page limit for the narrative does not include the work plan, 
standard forms, Tribal resolutions, table of contents, budget, budget 
justifications, narratives, and/or other appendix items.
    There are three parts to the narrative: Part A--Program 
Information; Part B--Program Planning and Evaluation; and Part C--
Program Report. See below for additional details about what must be 
included in the narrative.
Part A: Program Information (4-Page Limitation)
Section 1: Needs
    Describe how the Tribe has determined it has the administrative 
infrastructure to support the assumption of PSFAs. Explain the previous 
planning activities the Tribe has completed and if the Tribe has 
determined the PSFAs it will assume.
Part B: Program Planning and Evaluation (4-page limitation)
Section 1: Program Plans
    Describe fully and clearly the direction the Tribe plans to take in 
the TSGP, by proposing an improved approach to managing the health 
programs, including how the Tribe plans to demonstrate improved health 
and services to the community it serves. Include proposed timelines for 
negotiations.
Section 2: Program Evaluation
    Describe fully and clearly 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.
Part C: Program Report (2-Page Limitation)
    Section 1: Describe major accomplishments over the last 24 months. 
Please identify and describe significant health related project 
activities 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.
    Section 2: Describe major activities over the last 24 months.
    Please identify and summarize recent major health related project 
activities of the work done during the project period. Describe 
significant program achievements associated with the delivery of 
quality health services, as described in the previous accomplishments 
section.
    B. Budget Narrative: This narrative must describe the budget 
requested and match the scope of work described the project narrative. 
The budget narrative should not exceed 5 pages.

5. Submission Dates and Times

    Applications must be submitted electronically through Grants.gov by 
12:00 a.m., midnight Eastern Daylight Time (EDT) on August 30, 2012. 
Any application received after the application deadline will not be 
accepted for processing, nor will it be given further consideration for 
funding. You will be notified by the DGM via email or certified mail of 
this decision.
    If technical challenges arise and assistance is required with the 
electronic application process, contact Grants.gov Customer Support by 
telephone at (800) 518-4726 or via email to [email protected]. 
Customer Support is available to address questions 24 hours a day, 7 
days a week (except on Federal holidays). If problems persist, contact 
Paul Gettys, DGM Grant Systems Coordinator by telephone at (301) 443-
2114 or via email at [email protected]. Please be sure to contact Mr. 
Gettys at least ten days prior to the application deadline with your 
tracking number received from Grants.gov. In the event you are not able 
to obtain a tracking number, call the DGM as soon as possible.
    If an applicant needs to submit a paper application instead of 
submitting electronically via Grants.gov, a waiver must be requested. 
Prior approval for a waiver must be requested and obtained from Tammy 
Bagley, Acting Director of DGM (see Section IV.8 of this announcement). 
The waiver must: 1) be documented in writing (emails are acceptable) to 
[email protected] with a copy to [email protected], before 
submitting a paper application; and 2) include a clear justification 
for the need to deviate from our standard electronic submission 
process. Once your waiver request has been approved by the Acting 
Director of DGM, you will receive a confirmation of approval and the 
mailing address to submit your paper application. A copy of the written 
approval from the Acting Director of DGM must be submitted along with 
the paper application that is submitted to the DGM. Paper applications 
that are submitted without a waiver from the Acting Director of DGM 
will not be reviewed or considered further for funding. You will be 
notified via email or certified mail of this decision by the Grants 
Management Officer of DGM. Paper applications must be received by the 
DGM no later than 5:00 p.m., EDT August 30, 2012. Late applications 
will not be accepted for processing or considered for funding.

6. Intergovernmental Review

    Executive Order 12372 requiring intergovernmental review is not 
applicable to this program.

7. Funding Restrictions

     Pre-award costs are not allowable.
     Each Negotiation Cooperative Agreement shall not exceed 
$48,000, including direct and indirect costs.
     Although only one Negotiation Cooperative Agreement will 
be awarded per applicant per grant cycle, a Tribe may also apply for a 
Planning Cooperative within the same grant cycle. Both applications 
will be reviewed separately for merit by the ORC based on evaluation 
criteria.

8. Electronic Submission Requirements

    All applications must be submitted electronically. Please use the 
``Find Grant Opportunities'' link on the http://www.Grants.gov homepage 
to search for the application package by either entering: (1) the CFDA 
number (93.444), or (2) the Funding Opportunity Number (HHS-2012-IHS-
TSGN-0001). Download a copy of the application package, complete it 
offline, and then upload and submit the completed application via the 
http://www.Grants.gov Web site. Electronic copies of the application 
may not be submitted as attachments to email messages addressed to IHS 
employees or offices.
    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.
    Applicants that do not adhere to the timelines for Central 
Contractor Registry (CCR) and/or http://www.Grants.gov registration or 
that fail to request timely assistance with technical issues will not 
be considered for a waiver to submit a paper application.
    Please be aware of the following:

[[Page 47409]]

     Please search for the application package in http://www.Grants.gov by entering the CFDA number or the Funding Opportunity 
Number. Both numbers are located in the header of this announcement.
     If you experience technical challenges while submitting 
your application electronically, please contact Grants.gov Support 
directly at: [email protected] 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 from the agency must be 
obtained.
     If it is determined that a waiver is needed, you must 
submit a request in writing (emails 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 DGM by the deadline date of August 30, 2012.
     Applicants are strongly encouraged 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.
     Please use the optional attachment feature in Grants.gov 
to attach additional documentation that may be requested by the DGM or 
this announcement.
     All applicants must comply with any page limitation 
requirements described in this Funding Announcement.
     After you electronically submit your application, you will 
receive an automatic acknowledgment from Grants.gov that contains a 
Grants.gov tracking number. The DGM will download your application from 
Grants.gov and provide necessary copies to the appropriate Program 
officials. Neither the DGM nor the OTSG will notify applicants that the 
application has been received.
     Email applications will not be accepted under this 
announcement.
Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
    All IHS applicants and grantee organizations are required to obtain 
a DUNS number and maintain an active registration in the CCR database. 
The DUNS number is a unique 9-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 http://fedgov.dnb.com/webform, or to expedite the process, call (866) 705-
5711.
    Effective October 1, 2010, all HHS recipients were asked to start 
reporting information on subawards, as required by the Federal Funding 
Accountability and Transparency Act of 2006, as amended (``Transparency 
Act''). Accordingly, all IHS grantees must notify potential first-tier 
subrecipients that no entity may receive a first-tier subaward unless 
the entity has provided its DUNS number to the prime grantee 
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.''
Central Contractor Registry (CCR)
    Organizations that have not registered with CCR will need to obtain 
a DUNS number first and then access the CCR online registration through 
the CCR home page at https://www.bpn.gov/ccr/default.aspx (U.S. 
organizations 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). Completing and submitting the registration 
takes approximately one hour and your CCR registration will take 3-5 
business days to process. Registration with the CCR is free of charge. 
Applicants may register online at https://www.bpn.gov/ccrupdate/NewRegistration.aspx.
    Additional information on implementing the ``Transparency Act,'' 
including the specific requirements for DUNS and CCR, can be found on 
the IHS Grants Management, Grants Policy Web site: http://www.ihs.gov/NonMedicalPrograms/gogp/index.cfm?module=gogp_policy_topics.

V. Application Review Information

    The instructions for preparing the application narrative also 
constitute the evaluation criteria for reviewing and scoring the 
application. Weights assigned to each section are noted in parentheses. 
The narrative section 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 understand the project fully. 
Points will be assigned to each evaluation criteria adding up to a 
total of 100 points. A minimum score of 60 points is required for 
funding. Points are assigned as follows:

1. Criteria

A. Introduction and Need for Assistance (25 Points)
    Demonstrate 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 experience to operate and manage the assumption 
of the PSFAs. Identify the need for assistance and how the Negotiation 
Cooperative Agreement would benefit the health activities the Tribe is 
preparing to assume.
B. Project Objective(s), Work Plan and Approach (30 Points)
    State in measurable terms the objectives and appropriate activities 
to achieve each of the objectives for the project listed under Section 
II (Grantee Cooperative Agreement Award Activities) of this 
announcement. Thoroughly describe the Tribe's approach regarding the 
direction that the Tribe plans to take in the TSGP. Explain how the 
Tribe will demonstrate improve health services to the community it 
serves. Propose time lines for negotiations.
C. Program Evaluation (10 Points)
    Define the criteria to be used to evaluate objectives associated 
with the project. Describe fully and clearly the methodology that will 
be used to determine if the needs for the objectives are being met and 
if the outcomes identified are being achieved.
D. Organizational Capabilities, Key Personnel and Qualifications (20 
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 (15 Points)
    Submit a line-item budget with a narrative justification for all 
expenditures identifying reasonable and allowable costs necessary to 
accomplish the goals and objectives as outlined in the project 
narrative.

[[Page 47410]]

2. Review and Selection

    Each application will be prescreened by the DGM staff for 
eligibility and completeness as outlined in the funding 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 technical review 
process ensures selection of quality projects in a national competition 
for limited funding. 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 TSGN 
funding is not sufficient to support all approved applications. 
Incomplete applications and applications that are non-responsive to the 
eligibility criteria will not be referred to the ORC. Applicants will 
be notified by DGM, via email or letter, to outline minor missing 
components (i.e., signature on the SF-424, audit documentation, key 
contact form) needed for an otherwise complete application. All missing 
documents must be sent to DGM on or before the due date listed in the 
email of notification of missing documents required.
    To obtain a minimum score for funding by the ORC, applicants must 
address all program requirements and provide all required 
documentation. Applicants that receive less than a minimum score will 
be considered to be ``Disapproved'' and will be informed via email or 
regular mail by the IHS OTSG Program Official of their application's 
deficiencies. A summary statement outlining the strengths and 
weaknesses of the application will be provided to each disapproved 
applicant. The summary statement will be sent to the Authorized 
Organizational Representative that is identified on the face page (SF-
424), of the application within 60 days of the completion of the 
Objective Review.

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 will be initiated by the DGM and will be 
mailed via postal mail or emailed to each entity that is approved for 
funding under this announcement. 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.
Disapproved Applicants
    Applicants who: (1) Received a score less than 60 points, the 
recommended approval level; and (2) were deemed to be disapproved by 
the ORC, will receive an Executive Summary Statement outlining the 
strengths and weaknesses of the application that was submitted from the 
IHS OTSG Program Official within 30 days of the conclusion of the ORC. 
The IHS OTSG Program Official will also provide additional contact 
information to address questions and concerns as well as provide 
technical assistance if desired.
Approved but Unfunded Applicants
    Approved but unfunded applicants that met the minimum scoring range 
and were deemed by the ORC to be ``Approved,'' but were not funded due 
to lack of funding, will have their applications held by DGM for a 
period of one year from the date of official ORC. If additional funding 
becomes available during the course of FY 2012, then the approved 
application may be reconsidered by the awarding program office for 
possible funding. The applicant will also receive an Executive Summary 
Statement from the IHS OTSG Program Official within 30 days of the 
conclusion of the ORC.

    Note:  Any correspondence other than the official NoA signed 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 IHS.

2. Administrative Requirements

    Cooperative Agreements are administered in accordance with the 
following regulations, policies, and OMB cost principles:
    A. The criteria as outlined in this Program Announcement.
    B. Administrative Regulations for Grants:
     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, Revised 01/07.
    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:
     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 IDC in their grant application. In accordance with HHS 
Grants Policy Statement, Part II-27, IHS requires applicants to obtain 
a current IDC rate agreement 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 covers 
the applicable grant activities under the current award's budget 
period. If the current rate 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 is provided to the 
DGM.
    Generally, IDC rates for IHS grantees are negotiated with the 
Division of Cost Allocation http://rates.psc.gov/ and the Department of 
Interior (National Business Center) http://www.aqd.nbc.gov/services/ICS.aspx. If your organization has questions regarding the IDC policy, 
please contact the DGM, by telephone at (301) 443-5204 to request 
assistance.

4. Reporting Requirements

    Grantees 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 
grant, 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 requirement 
applies whether the delinquency is attributable to the failure of the 
grantee organization or the individual responsible for preparation of 
the reports.
    The reporting requirements for this program are noted below.
A. Progress Reports
    Program progress reports are required semi annually, within 30 days 
after the budget period ends. These reports must include a brief 
comparison of actual accomplishments to the goals

[[Page 47411]]

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 Reports
    Federal Financial Report FFR (SF-425), Cash Transaction Reports are 
due 30 days after the close of every calendar quarter to the Division 
of Payment Management, HHS at: http://www.dpm.psc.gov. It is 
recommended that you also send a copy of your FFR (SF-425) report to 
your Grants Management Specialist (see Section VII., 2., of this 
announcement). Failure to submit timely reports may cause a disruption 
in timely payments to your organization.
    Grantees are responsible and accountable for accurate information 
being reported on all required reports: the Progress Reports and 
Federal Financial Report.
C. Federal Subaward Reporting System (FSRS)
    This award may be subject to the ``Transparency Act'' subaward and 
executive compensation reporting requirements of 2 CFR Part 170.
    The ``Transparency Act'' requires: (1) The OMB to establish a 
single searchable database, accessible to the public, with information 
on financial assistance awards made by Federal agencies; and (2) 
recipients of Federal grants to report information about first-tier 
subawards and executive compensation under Federal assistance awards.
    Effective October 1, 2010, IHS implemented a Term of Award into all 
IHS Standard Terms and Conditions, NoAs and funding announcements 
regarding this 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 subaward obligation dollar threshold met for any 
specific reporting period. Additionally, all new (discretionary) IHS 
awards (where the project period is made up of more than one budget 
period) and where: (1) the project period start date was October 1, 
2010 or after and (2) the primary awardee will have a $25,000 subaward 
obligation dollar threshold during any specific reporting period will 
be required to conduct address the FSRS reporting. For the full IHS 
award term implementing this requirement and additional award 
applicability information, visit the Grants Management Grants Policy 
Web site at: http://www.ihs.gov/NonMedicalPrograms/gogp/index.cfm?module=gogp_policy_topics.
    Telecommunication for the hearing impaired is available at: TTY 
(301) 443-6394.

VII. Agency Contacts

    1. Questions on the programmatic issues may be directed to: Anna 
Johnson, Program Official, Office of Tribal Self-Governance, 801 
Thompson Avenue, Suite 240, Phone: (301) 443-7821, Fax: (301) 443-1050, 
Email: [email protected].
    2. Questions on grants management and fiscal matters may be 
directed to: John Hoffman, Grants Management Specialist, 801 Thompson 
Avenue, TMP 360, Rockville, MD 20852, Phone: (301) 443-2116, Fax: (301) 
443-9602, Email: [email protected].

VIII. Other Information

    The Public Health Service 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 HHS mission to protect and advance the physical and 
mental health of the American people.

    Dated: August 1, 2012.
Yvette Roubideaux,
Director, Indian Health Service.
[FR Doc. 2012-19343 Filed 8-7-12; 8:45 am]
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