99j* - FEC.govsaos.fec.gov › aodocs › 1082774.pdfThank you for the follow-up on our letter of June 28, and your taking the time to --• fully consider both our request and the

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MISSISSIPPI BAND OF CHOCTAW INDIANSOFFICE OF THE TRIBAL CHIEF

TRIBALttFFICE BUILDINGPOST-OFFICE BOX 6010

PHILADELPHIA, MISSISSIPPI 39350TELEPHONE (601) 656-5251

July 27, \99j*

Mr. Lawrence M. NobleGeneral CounselFederal Election CommissionWashington DC 20463

Attn: Mr. N. Bradley Litchfield

Dear Mr. Noble:

Thank you for the follow-up on our letter of June 28, and your taking the time to --•fully consider both our request and the unique situation in which we, as the tribal J:government of a federally-recognized Indian tribe, find ourselves. j

Enclosed are copies of three current agreements between the federal government and";the tribe entered into under the auspices of the Indian Self-Determination Act, P.L. 93-638. ~Please note that although the agreement mechanism is usually referred to as a "contract," 1) ••the Indian Self-Determination Act amendments provide that the mechanism is nof a classic rprocurement contract, and 2) one of the three examples we have enclosed is actually a grant"rather than a contract.

Insofar as the tribe's economic enterprises are concerned, I am enclosing a copy ofthe one federal contract that we have received so far, a contract (in the form of a purchaseorder) to print posters for the U.S. Department of the Interior by the First American Printingand Direct Mail Enterprise, chartered by the Tribal Council and located in Ocean Springs,Mississippi. Although we have had but one direct federal contract, we anticipate that thenumber will increase; and have in fact submitted a proposal for involvement of one of ourenterprises in the Superconducting Super Collider project in Texas.

Please feel free to ask for any additional information you might need.

Sincerely,

Chie

PM:ab

"CHOCTAW SELF-DETERMINATION'

AWARD/CONTRACTCONTRACT^

CTS78T98007In,, M,.n,,N6.

THIS CONTRACT is A RATkDORDCRUNOER OPAS Mb CFR 350)

P A G C O r 5

I

BIA/EASIERN AREA OFFICE COOE L

ATIN: SUITE 260/CCNIRACTS & GRANTS3701 NOKIH FAIRFAX DRIVEARLINGTON, VIRGINIA 22203

10/01/906. ADMINISTCRCD BV HI olhi-r Man Itrm

MAR 04 1391

j. NMMC AI*D ADDNfcas OF CONTRACTOR fAo . tlrffl. cifv. count\. sraft and S.ir Coat t

MISSISSIPPI BAND OF CHOCIAW INDIANSPOST OFFICE BOX 6010CHOCIAW BRANCHPHILADELPHIA, MISSISSIPPI 39350

COOE FACILITY CODE

ft. DELIVERY

Q] FOB ORIGIN

9. DISCOUNTfc-fou-J

10 SUBMIT INVOICES(4 eoftft iinlrM oftin •u-i«« tprriflrrfj TO THEADDRESS SHOWN IN

(ITEM

Item J5 ThruChoctaw Agency

CODE

Same as item No. 5

13. A'UTHQRITY FOR*USTNC OTHERTION: 25 USC 450f & 25 CFR 271

10USC 230« 10( 41 USC253ICM 10(15115A. ITEM NO. i5B. SUPPLIES-SERVICES

BIA/EASTEKN AREA OFFICE CODEATIN: SUITE 260/BR. OF FIN. & ACCTNG.3701 NOKffl FAIRFAX DRIVE

OOOftl.

See attached "FINANCIAL INFORMATION FOROBLIGATION" sheet.

15C. QUANTITY 150 UNIT 15E. UNIT PRICE 15? AVQUNT

To adoninister the "LAW1991, effective 10/01/90 Thru anunless requested for change. Thefor FY 91 is tentative and subjectdecrease upon receipt of actualand the allocation of these funds byOffice.

for Fiscal Yea:'f rime

contractinite period

for thisrevision,

essional apprqthe Washington

inc 'easeiriatioosD.C.

$ 868,893.0018G. TOTAL AMOUNT OF CONTRACT 86fcL893JJ)Q.

16. TABLE OF CONTENTSV) SEC

XX

XXXx

A

BCDEF

GH

DESCRIPTION

PART 1 - THE SCHEDULE

SOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKINGINSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCECONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

PAGE (SI V) SEC DESCRIPTION |P AGE IS)PART II - CONTRACT CLAUSES

X 1 CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS. EXHIBITS AND OTHER ATTACH.

X J LIST OF ATTACHMENTSPART IV - REPRESENTATIONS AND INSTRUCTIONS

XK

LM

REPRESENTATIONS. CERTIFICATIONS ANDOTHER STATEMENTS OF QFFERORS

INSTRS . CONDS . AND NOTlCfcS TO OFFERORS

EVALUATION FACTORS FOR AWARD

CONTRACTING OFFICfR WILL COMPLETE IT£M 17 OH 18 AS APPLICABLE

iv. CONTRACTOR'S NEGOTIATED AGREEMENT iContnctor it rt-to toning offlct.JOMfrva* to tig* ffca) tfocwmanf and rvfwm

contractor afroos to furmsrt and deliver an items or oarf or m an the services setforth or otherwise identified above and on any continuation sheets tor theconsideration stated herein. The rieim and oWifjations of the parties to thiscontract snail fee subiect to end governed by the foiiowint documents: (•} thisoward/contract. (b) the solicitation, if any. and (e) such provisions, reoresenta-tions. certifications, and specifications, as are attached or incorporated oyreference herein. tAtltckminti t* Uttti iei ' '

NAME AND TITLE OF SIGN

It. DAWARD (Contractor l» oof r»«ulrv4 to wffn thU iotumfiH.l Vour

of fei on Solicitation Number - .inciudine the additions or chances made oy you which additions or chancesare set forth in full above, is hereby accepted as to tna items listed abovt andon any continuation sheets. This ewe*d consummates the contract wmcn con.situ of the fonowint documents: tai the Government's solicitation ano youroffer, and (b) this award/contract, nv further contractual document is neces-sary.

20A. NAME OF CONTRACTING OFFICER

Edward J. Lovelette, Contracting Officer

NSN 7S40-Ol-lS»40«e U-J07 STANDARD FORM M (»Ev. < SS)Pi«»e»iOeaOy CSA

••

CONTINUATION SHEET

CONTRACTOR: MISSISSIPPI BAND OFCHOCTAW INDIANS

CONTRACT NUMBER: CTS78T98007

MODIFICATION NUMBER:

FINANCIAL INFORMATIONFOR OBLIGATION

"LAW ENFORCEMENT PROGRAM" FY 91

CONTRACTNUMBER

CTS78T98007FY 91

001002

ACCOUNTING ANDAPPROPRIATION DATA

S78-01/1/3915/2361S78-01/1/3215/2664

CONTRACTBALANCEBEFORE

•0-

•0-

MODIFICATIOHC-l/f+1

•0-•0-

CONTRACTBALANCEAFTER

$683,500.00185,393.00

Contract Total -0- -0- $868,893.00

SECTION B

SERVICES AND COSTS

ITEM DESCRIPTION ESTIMATED COST

B.I The Contractor shall provide LawEnforcement Services for the members ofthe Mississippi Band of Choctaw Indiansin accordance with the requirements ofthis contract.

The estimated cost is based on theattached budget.

B.I

LAW ENFORCEMENT

BUDGET OF SCHEDULED ALLOWABLE COSTSV .

1. Personnel $391,208.00

2. Fringe Benefits , 105,626.00

3. Travel 4,000.00

4. Supplies 9,000.00

5. Other Cost 173.666.00

TOTAL DIRECT COST $683,500.00

INDIRECT COST $185.393.00

CONTRACT TOTAL $868,893.00

SECTION C

DESCRIPTION/SPECIFICATIONS

C.I. PURPOSE• *

'The Bureau program(s) to be performed under this P.L. 93-638renewal contract between the Bureau of Indian Affairs (BIA) andthe Mississippi Band of Choctaw Indians is to provide for thecontinued operation and administration by the Tribe of the LawEnforcement Program.

C.2. SCOPE OF WORK

The Tribe entered into a Mature Contract for the operation of theBureau program entitled Law Enforcement Program.

The Tribe shall adhere to all requirements under 25 CFR 11.303 athd11.304 must be met. The recordkeeping requirements for drug andnarcotic incidents required under the Anti-Drug Act of 1986 shallbe fulfilled. The integrated Police/Law Enforcement ManagementSystem will be used to meet the requirements of the Anti-Drug Actof 1986 and the Uniform Federal Crime Reporting Act of 1986. Therecordkeeping requirements of the National Incident BasedReporting System shall be fulfilled. The Tribe shall develop andmaintain a tribally-approved law enforcement policies andprocedures manual to ensure the uniform and equitable treatmentof the public.

In detention, all requirements under 25 CFR 11.305 will be met.All requirements for handling and treatment of juveniles under theJuvenile Justice and Delinquency Prevention Act of 1974 will bemet.

The Medical assessment requirements under the Anti-Drug Act of1986 will be met. The recordkeeping requirements under theUniform Federal Crime Reporting Act of 1988 will be met.Inspections of the corrections center will be conducted regularly.The Tribe shall develop and maintain policies and procedures forthe operation of the detention facility which specifically addressthe security of the facility and provide for the fair andequitable treatment of the prisoners.

Program Data: Violations of the Major Crimes Act,Suicide/Attempted Reports, Civil Rights Complaints/Violations, LawEnforcement Program Report, Motor Vehicle Statistics, LawEnforcement Incident Statistics, Non-Law Enforcement IncidentStatistics, Child Abuse/Sexual Molestation Reports, Drug/NarcoticsIncidents, Prisoner Incarceration/Inventory System Data, CivilRights Complaints/Allegations.

C.I

flgCTIQM C

DESCRIPTIOMyflPBCIFICXTIONfl

Deliverables: Monthly and annual reports containing requir*program data, and site, health and sanitary inspections.The proposed goals for each of the programs are as follows:

C.2.1 To provide Law Enforcement services within the extericboundaries of the reservation and on Choctaw School landsto include the preservation of the public peace and orderthe prevention and detection of crime, the apprehension o.offenders, the protection of persons and property, and th«enforcement of tribal and federal laws.

C.2.2 To provide detention services.

C.2.3 To coordinate operations closely with the United StatesAttorney, United States Marshals, United States Probationand Parole Officers, the Federal Bureau of Investigation,the Alcohol Tobacco and Firearms Division, the Bureau ofNarcotics, and the Internal Revenue Service of the TreasuryDepartment, the military services, and state officials,including district attorney, county sheriffs, and theirdeputies, and appropriate city police.

C.2.4 To obtain federal officer designation for the tribal policeofficers.

C.3. IMCORPORXTIOH OT CONTRACTOR'fl PROPOSAL

The Contractor shall, in meeting the requirements of thiscontract, perform work and services in accordance with theContractors technical proposal to the Eastern Area Office, BIA,for the Law Enforcement Program dated July 16, 1990. Providedhowever, that to the extent that any provisions of the contractclauses are in conflict or are inconsistent with any provisionsof said proposal, the provisions of the contract clauses shall becontrolling and shall supersede the provisions of said proposal.

C.2

SECTION P

^]jrr|jYy|pj»^ Qfl

F.I. pftPTQP OF PERFORMANCE

The Performance Period of this contract shall begin on10/01/90, and shall be in effect for an indefinite period.However, this contract may be terminated through a; 1)retrocession as provided in Section 105(e); or 2) programreassumption as provided in Section 109 of 20 BIAN Supplement1, Release 1 Indian Self-Determination and Education AssistanceAct Amendments of 1988, Public Law 100-472. Interim Guidelines.

F.2. mnncgr REVISION

If any performance review conducted by the Contractor disclosesthe need for change in the project budget, the Contractor shallsubmit a request for budget revision. The "project budget"means the financial expression of the program approved in thecontract award and shall be related to performance for programanalysis purposes.

The Contractor shall request approval(s) promptly from theContracting Officer for Budget revisions whenever:

The revisions result from changes in the scope or the objectivesof the contract supported projects.

The revisions indicate the need for additional federal funding.

The revisions pertain to addition of items requiring priorapproval by the Contracting Officer in accordance with any otherpart of this contract.

All requests for budget revisions requiring prior approval,shall be submitted to the Contracting Officer for approval.All requests shall be signed by the appropriate office of theContractor.

Except as limited by the clauses in this contract entitled"Allowable Cost," "Subcontracting," and "Property Requirements,"the Tribal Contractor may rebudget within the approved budgetto meet unanticipated requirements without obtaining advanceapproval from the Contracting Officer provided that such budgetrevisions do not significantly affect the level or nature ofservices, i.e., do not change the approved program to be carriedout under the contract. Any such rebudget ing must be for costsor activities otherwise allowable under this contract. TheTribal Contractor shall provide written notice of its intent torebudget no less than 15 days before making the expenditure.Having provided the required notification, the Tribal Contractormay proceed with the expenditure after 15 days.

P.I

SECTION rDELIVERIES OR PERFORMANCE

F.3. FURNIflHINQ PERSONNEL

The Contractor shall furnish such personnel needed to performthe "program contracted. Specifically, the Contractor shallemploy the key personnel described in the "Schedule of KeyPersonnel11. See Section J of this contract. Key personnelshall be assigned to perform those services described in theirposition descriptions contained in the "Schedule of KeyPersonnel". Contractor shall notify the Contracting Officer ofany changes in Key Personnel, although Contracting Officerapproval of changes in Key Personnel is not required.

P. 4. FURNISHING FACILITIES. EQUIPMENT. SUPPLIES AMD SERVICES

Unless otherwise, expressly provided in the "Schedule qfGovernment Furnished Property," the Contractor shall furnishall facilities, Equipment supplies and services needed toperform this contract.

Pursuant to section 203(e) of Public Lav 101-644, amendingsection 105(f) of Public Lav 93-638, the Secretary of theInterior is authorized to donate to a Contractor excess andsurplus real and personal property of the Federal government.The provisions of section 2.2H ("Excess Personal PropertyDonation") of the Interim Guidance (20 BIAM Supplement 1,Release 1) set forth in F.5 shall apply to this contract.

F.5. EXCESS PERSONAL PROPERTY DONATION

Section 105 (f) (2) of the Indian Self-Determination and EducationAssistance Act provides for the acquisition and donation ofpersonal property found to be excess to the needs of the Bureau,and the General Services Administration, to Tribal Contractorsfor use under contracts and grants avarded under the Act. Noncontract related excess property may also be made available tothe Tribal Contractors pursuant to other lav.

(1) The cognizant Bureau accountable property officers maydeclare existing Bureau personal property assigned to, andacquired under existing contracts to be excess to Bureauneeds, upon the recommendations of a Board of Survey; anddonate such property to Tribal Contractors for use underthe contracts. Title to all personal property donated totribes and tribal organizations shall vest in such tribesand tribal organizations.

(2) In transferring such personal property to tribes and tribalorganizations, the cognizant Bureau accountable propertyofficers shall:

F.2.

SECTION F

DBLIVB1HK8 Oft PKMPQMtAMCE

(a) Complete a full inventory of such property prior todonation and record the transfer in the contractfile(s), and other appropriate document*;

(b) Advise Tribal Contractors that property inventoryrecords Bust be maintained, and that maintenanceprograms must be implemented.

(c) Advise Tribal Contractors that the Bureau may retainthe right to repossess the donate excess or surpluspersonal property in the event of a contractretrocession or r•assumption.

(3) Bureau Contracting Officers shall modify affected contractsto delete or add personal property inventory listings, withContractor approval.

(4) Bureau accountable property officers may also donate totribes and tribal organizations, other personal property(not currently assigned to existing contracts and grants)found to be excess to the needs of the Bureau. Zn suchinstances, an inventory and a Board of Survey must becompleted and such donation must be recorded, by deletingsame from the official Bureau automated listings.

F.6. SPECIAL PERFORMANCE STANDARDS

F.3

SECTION Q

CONTRACT ADMIMI8TRXTIQM DATA

G.I. CONTRACT PAYMENTS

For performing this contract, the Contractor shall be reimbursedfor its allowable direct and indirect costs, when applicable,not to exceed the total allocated amount for this contract, ofwhich the amount is stated in Item 156 of the Award/Contract[(SF-26 Rev. 04-85)], or Item 14 to the Amendment ofSolicitation/Modification of Contract [SF-30 (Rev. 10-83)].

O.2. ADVANCE CONTRACT PAYMENT • P-63S CONTRACT PAYMENT BYBTEM

Contract Payments shall be made to the Contractor by the P-638Contract Payment System as provided in General ProvisionsParagraph 309.3 of this contract.

When a Contractor is deficient with respect to itsadministration of advance payments or fails to submit aquarterly financial report within 30 days from the date suchreport is due (30 days after quarter), or has failed to correctan incomplete quarterly report pursuant to a written requestfrom the Contracting Officer, the Contracting Officer shallprovide written notice of delinquency to the Contractor and theTribe served by the Contractor and shall, to the extentpossible, provide technical assistance to correct suchdeficiency.

"When a Contractor fails to correct any deficiency or submitthe requested report within 30 days from receipt of theContracting Officer's letter of delinquency, the ContractingOfficer may, upon written notice to the Contractor, convert thecontract(s) to a reimbursement payment method.

TFS Form 3881 will be provided by the Bureau of Indian Affairs(BIA) to establish the P-638 payment process and to designatethe ACH/VS bank account for deposit of funds.

The Contractor must fill out an ACH/VE application, TFS Form3881, identifying the bank, the type of account, and the accountnumber. The Contractor must take the form to the bank where thebank officer fills out the bank related information and signsthe form.

Upon completion of the TFS Form 3881 the Contractor is requiredto submit the completed form to the Bureau for furtherprocessing in the Bureau's financial computer system located atAlbuquerque, New Mexico.

O.I

SECTION 0

CONTRACT ADMIMISTRATIOM PATA

Bureau's responsibility: Upon notification by the Contractorof P-638 payment request, the Bureau "Approving official11 willprepare payment request forms and telefax the forms to theContractor. The Contractor will fill in the payment amountsfor each contract/grant line item (e.g., direct cost, indirectcost) using the BZA's form or a similar payment request formprepared by the Contractor and will telefax to the Bureau AreaOffice. Upon receipt, the Area Office approving official willprepare, sign and telefax the BIA's .payment request forms toAlbuquerque Disbursements Office for payment.

6.3. SUBMISSION Q9 INVOICES

The P-638 Contract Payment System advances shall be liquidatedautomatically prior to the Financial Status Report (SF-269J*.The Contractor shall be required to submit the SF-269 reportsto the Contracting Officer on a quarterly basis by the 30th dayafter the end of a three month period.

G.4. PROPOSED BPDOBT

The proposed budget contained in the contract application havebeen reviewed. The line items have been considered to beallowable and the amounts budgeted to be fair and reasonable.The determination whether a cost is allocable and allowable forBureau payment under a contract is based on the cost principlesset forth in OMB Circular A-87 and 25 CFR 276, Appendix A foraudit purposes, it is the responsibility of the Contractor tokeep current of all its financial bookkeeping records and tokeep on file all documentation supporting costs incurred.

O.5. TRAVEL COSTS

The Contractor's attention is directed to 25 CFR 276, AppendixA, Part II, B.28, which provides for payment of contracts'stravel costs insofar as such costs are consistent with thosenormally allowed in like circumstances in non-Federallysponsored activities. The Contractor is cautioned that travelcosts paid by the Contractor are allowable only to the extentthat they comply with the requirements set forth in 25 CFR 276,Appendix A, Part II, B-28. The Contractor is further cautionedthat its travel policy must be uniformly administered and bereasonable in light of the economic conditions prevailing inthe area(s) in which the travel occurs or they may be subjectto disallowance.

G.C. SIHOLE AUDIT ACT

0.6.1 In compliance with the "Single Audit Act of 1984 (P.L. 98-502),"and OMB Circular A-128, "Audit Requirements for State

0.2

SECTION O

COMTEXCT ADMIMI8TRATIOM DXTA

and Local Government," the Contractor shall have an auditperformed annually, or no less than one audit every two (2)year's. Failure to comply with the audit requirement will resultin sanctions being taken against the recipient organizations.

Q.6.2 Single Audit Act of 1984. Bureau Contracting Officers shallensure all contracts contain provisions requiring TribalContractors to comply with the Single Audit Act of 1984; and toensure all Tribal Contractors are in compliance with thisprovision.

(1) Resolution of Disallowed Coats2 Section 106(f) of the Actprohibits any right of action or other remedy relating toany disallowance of costs unless a Tribal Contractor isnotified in writing of any disallowance of costs within365 days of receipt of the Tribal Contract's single auditreport.

(2) Bureau Contracting Officers shall ensure any costsquestioned in the annual audit, are considered and anappropriate decision is made immediately, or within 365days of receipt of the annual audit report. Failure tomake such a determination within the specified time frameswill result in the Bureau's inability to recover disallowedcosts.

(3) "Date of receipt" for the purpose of this supplement, meansthe date on which the single audit report is received bythe cognizant audit agency, Bureau's audit Liaison Officer,or the Contracting Officer, whichever is earlier.

O.6.3 Audit Exceptions

Significant and material audit exceptions shall mean:

(1) Unresolved audit exceptions involving disallowed costsaggregating the greater of $15,000 or 5 percent of theamount of the contract (s);

(2) Unresolved audit exceptions involving major financialreporting deficiencies, or an opinion of the auditorqualifying the audit results because or serious departurefrom generally accepted accounting principles in themaintenance of the Contractor's accounts or financialrecords; or

(3) Express findings of financial mismanagement ormisappropriation of funds or assets.

0.3

SECTION Q

COMTRXCT ADMINISTftATIOM DATA

G.7. ggCTIQH 7Cbl

Section 7(b) of the Indian Self-Determination and EducationAssistance Act (P.L. 93-638, 88 Stat. 2205, 25 U.S.C. 450e (b)states:

(b) Any contract, subcontract, grant, or subgrant pursuant tothis Act, the Act of April 16, 1934 (48 Stat. 596) asamended, (the Johnson O'Malley Act) or any other actauthorizing Federal contract with or grants to Indianorganizations or for the benefit of Indians, shall requirethat to the greatest extend feasible consistent withefficient performance of the contract:

b.l Preferences and opportunities for training an£employment in connection with the administration ofsuch contracts or grants shall be given to Indians;and

b.2 Preference in the award of subcontracts and subgrantsin connection with the administration of suchcontracts or grants shall be given to Indianorganizations and to Indian-owned economic enterprisesas defined in Section 3 of the Indian Financing Actof 1973 (88 Stat. 77) and Buy Indian Act (25U.S.C.47).

G.8. CQNTRACTIKQ OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer's Representative (COR) representing theGovernment for the purpose of this contract shall be designatedin writing by the Contracting Officer. Such designation willset forth the duties specifically delegated in regard to theperformance of this contract. A copy of the designation willbe provided to the Contractor.

The major responsibility of the Contracting Officer'sRepresentative (COR) is to assist the Contractor in theresolution of program problems encountered during theperformance of this contract including the provision oftechnical assistance in the development of new programs.

O.9. BOB-COMTRAGTI1IQ OFFICER REPRESENTATIVE CflCORI

The Subordinate Contracting Officer's Representative (SCOR)shall be designated by the Contracting Officer if necessary toprovide assistance to the Contracting Officer's Representative(COR). A copy of the designation letter and responsibilitiesof the (SCOR) will be provided to the Contractor.

0.4

SECTION Q

CONTRACT ADMIMISTRMIOlf DATA

0.10. ADMINISTRATION OF QOVERKMBMT PROPERTY

The Property Administrator is the authorized representative ofthe Contracting Officer for the purpose of administering thecontract requirements and obligations relative to GovernmentProperty (Government furnished and/or Contractor acquired). TheProperty Administrator shall be designated in writing by theContracting Officer and a copy of the designation shall beprovided to the Contractor.

Except as otherwise provided in Section F.4.2.1 (Excess PersonalProperty Donation) in accordance with General Provisions clause322 (Government furnished Property) the Contractor shallestablish and maintain written procedures for the maintenance,repair, protection and preservation, control of andaccountability for government property furnished consistent withthe provisions set forth in 43 BIAM Supplement 2, Chapter 114H Bureau of Indian Affairs Property Management Regulations (BZAPMR).

The Contractor's procedures shall specifically address thefollowing requirements relative to said Government property:

(1) Provisions for adequate identification, marking,recordings, and maintenance.

(2) Performance of an annual physical inventory.

(3) Safeguarding of all Government Property and assuring thatthe property is used solely for authorized purposes.

(4) Submission of annual report of Capitalized NonexpendableEquipment, which reimbursement has been authorized.

All Government-owned property (Government furnished Contractoracquired) listed under previous contracts are hereby made a partof this contract.

When the contract is not to be renewed, a final inventory shallbe taken by the Contractor and submitted in three copies to theProperty Administrator.

The following certification signed by the authorized officialof the Contractor shall be provided with each copy of the finalinventory:

0.5

SECTION O

CONTRACT ADMINISTRATION DATA

I do hereby certify as (title of authorized official)of that the. attached inventoryreports are complete and correctly list and describe all itemsof materials, supplies, and equipment furnished to theContractor, or for which the Contractor has been or will bereimbursed by the Government for use in the performance ofContract No. which as of this date have notbeen consumed in performance of this contract; and that I willimmediately notify the Contracting , Officer of any changeaffecting these inventory reports at any time prior to finaldisposition of the inventory.

Date:

The Contractor agrees to provide storage facilities, includingproper identification and protection, for all Government-ownedproperty (Government furnished and/or Contractor acquired) uponcompletion of the contract, without cost to the Government,until disposition instructions are provided. Such dispositioninstructions shall be provided by the Government after thecontractor's submission of the final interview.

G.ll. NON-CONTRACTED PORTION OT BUREAU PROGRAM(81 - CONTRACTMONITORING

The Government, through the Bureau of Indian Affairs, willmonitor all phases of the contract performance. Monitoringshall include the review of reports and records, and observingany activities that are being performed under this contract.Any provision of the contract not in compliance with its termshall be, orally and in writing, called to the Contractor'sattention with a request to correct the deficiencies. TheContracting Officer, or his designated representative, shallconduct the monitoring activities so as to cause the leastinterruption to the operations. The Contractor shall cooperatein all reasonable ways to assist in the monitoring.

Contract monitoring by Contracting Officers and their authorizedrepresentatives shall be performed to ensure that the continuingtrust, programmatic and fiscal responsibilities of the Secretaryare adequately maintained by the Contractor. Notwithstanding anyprovision to the contrary, monitoring visits are to be held tono more than one visit per year, except for monitoring visitsfor contracted trust programs to assure adequate protection ofthe Secretary's trust responsibility.

Additional monitoring visits may be negotiated on a case-by-casebasis and shall be documented as part of the written terms andconditions of the contract.

G.C

SECTION G


0.12.PX.IIKNG8 TiS<3TflLATIOM A* APPROPRIATIONS

No part of any funds under this contract shall be used to paythe salary or expenses of any Contractor, or agent acting forthe Contractor, to engage in any activity designed to influencelegislation or appropriations pending before the Congress.

Q.13. CONTRACTING OFFICER

The Contracting Officer shall notify 'the Contractor in writingwithin thirty (30) days of receipt of a request for budgetrevision, that it is either approved or disapproved, whenrequired.

O.14. TRAINING

All training, workshop, courses, etc., attended by theContractor, when using funds from this contract, shall berelated to the purpose of this contract. Training undertakenshall be reported in the required performance report and shallcontain the titles of courses, workshops, or seminars placeswhere they were held; person(s) attending, and any otherpertinent information.

O.15. REVIEW AND APPROVAL

Review and approval of the overall performance of this contractis the responsibility of the Contracting Officer. Unlessotherwise stated in writing, the COR is delegated the authorityto accept or reject items delivered under the contract followingnecessary review. Acceptance shall be effected in the mannerdescribed in this contract.

O.16. FEDERAL SOURCES OP SUPPLY AMD DIBCOUNTED SERVICES

For services and supplies required under this contract, Indiantribes and tribal organizations may utilize General ServicesAdministration*B supply sources for personal property andsupplies. Tribal Contractors must obtain an authorizing letterfrom the Contracting Officer for this purpose.

For purposes of performing this contract, an Indian tribe ortribal organization is considered a cost-reimbursementContractor eligible to use contract air carriers and have accessto preferred rates, specified in General Services Administrationbulletins, as available for cost-reimbursement Contractors. TheContracting Officer must provide an authorization to theContractor to make use of these services.

0.7

SECTION O


0*17. Requests to Convert to Mature Status

(1) A request .to convert a .contract to nature status from aContractor nay be in the form of a tribal councilresolution or a letter fron a duly authorized tribalofficial.

(2) Unlike declination and funding appeals a denial of naturecontract status is appealable under 25 CFR Part 2.

Q.1S. Modification of Contracts to Mature Status

Conversion of eligible contracts to nature status nay be nadewith the requirement that such contracts will be modified toinclude all applicable regulatory provisions upon promulgationof final regulations inplenenting the Act.

(1) Upon approval by Area Directors or Education Line Officers,Bureau Contracting Officers shall nodify contractdetermined to have met the criteria specified in Sections2.2A(3)(a) and (b) of the Zntermin Guidance 20 BZAMSupplement 1, as follows:

(a) Remove the expiration date, as provided in Section105(c)(l)(B) of the Act.

0.19. CONTRACT MODIFICATIONS

No unilateral modifications to contracts shall be made that willresult in substantive changes without the Tribal Contractors'concurrence, except in certain situations involving constructioncontracts. Unilateral modifications are permissible only tocorrect mailing addresses, to correct typographical errors, orother non-substantive changes that do not affect the terms andconditions of the contract.

G.20. INDIRECT COST

Bureau Contracting Officers shall add, subject to theavailability of appropriations, amounts of funds from theBureau's Contract Support Fund to eligible contracts inaccordance with the Tribal Contractor's current negotiatedindirect cost agreement; and where applicable, under anegotiated lump sum agreement. Bureau Contracting Of fleers maynegotiate provisional indirect cost rates, pending an approvedrate fron the cognizant Federal agency, with the stipulationthat a date certain shall be agreed to when such provisionalrates must be finalized, and the Contract Support Funds adjustedaccordingly. This final adjustment must occur prior to the endof the contract year.

O.i

SECTION O

CQMTRACT XPMIMIBTRATIQli DATX

(1) Process for Negotiating Indirect Coat Rates'

(a) Procedures for negotiation of indirect cost rates forfiscal years beginning Fiscal Year 1989 are specifiedin the attached Illustration 3 of 20 BIAM Supplement1, Release 1 dated 9/25/90/.

(b) An amended or a separate indirect cost agreement maybe negotiated between the Office of the InspectorGeneral and the Tribal Contractor when the tribalContractor's indirect cost rate will changesignificantly because of a new contract, such as aconstruction contract. contracting Officers shallnotify the Office of the Inspector General when acontract proposal is received from a tribe or tribalorganization to determine its affect on the existingindirect cost rate.

(2) Contract Support Funds for Construction Contracts

(a) "Pass Through Funds," for the purpose of thissupplement, means those funds in a contract that donot require the same degree of administrative effortas do other direct activities performed by aContractor. These funds may include, but are notlimited to, subcontracts, capitalized equipment, andcapital improvements.

(b) "Flow Through Funds," for the purpose of thissupplement, means those funds appropriated to anotheragency and then transferred to the Bureau for theoperation of programs, services, and functions underthe Act.

(c) Force Account. Where a Tribal Contractor performsthe Construction work with its own employees, it maybe entitled to indirect costs on the total amount ofthe contract, subject to any exclusions such ascapitalized equipment, capital improvements, etc. orany pass through funds.

(d) Flow Through Funds. Contract Support Fundsappropriated to the Bureau, shall not be added toconstruction contracts funded with flow through funds.Indirect costs required under a construction contractfunded with flow through funds, must be derived fromthe flow through funds.

O.t

SECTION Q

(3) Theoretical over Recoveries and Actual Under Recovering.Illustration 3 cited in Section 2.2(F) (1) (a) of theIntemin Guidance 20 BIAM supplement i shall be followed.

(a) The Office of the Inspector General shall negotiatenew indirect cost agreements exclusive of anytheoretical over recovery adjustments and shall reviseFiscal Year 1989 indirect cost rates to exclude anytheoretical over recovery adjustments, as provided inSection 106(d)(l) of the Act.

(b) As provided in Section 106 (e) of the Act, tribes andtribal organizations shall not be held liable foramounts of indebtedness attributable to theoreticalor actual under recoveries, or theoretical overrecoveries of indirect costs incurred for fiscal yearsprior to Fiscal Year 1992 (Section 203(a) of PublicLav 101-644).

G.21. FEDERAL TORT CLAIMS ACT (FTCA1 COVERAGE

Section 102(c) of the Act requires the Secretary, beginning inFiscal Year 1990, to obtain or provide liability insurance orequivalent coverage for tribes and tribal organizations carryingout contracts under the Act.

(1) Public Lav 100-121, the Interior and Related AgenciesAppropriations Act of 1990, extends for Fiscal Year 1990,Federal Tort Claims coverage to Tribal Contractor to coverclaims resulting from the performance of programs carriedout under the Act as follows:

(a) Employees of Tribal Contractors are deemed asemployees of the Bureau for the purposes of FTCA forclaims brought against them vhile carrying outauthorized activities under the contract.

(b) Any civil action or administrative proceeding broughtagainst Tribal Contractors, or their employees,arising out of legitimate performance of theircontracts, shall be deemed an action against theUnited States. Such action vill be defended by theUnited States Attorney General? and the TribalContractors and their employees shall be afforded thefull protection and coverage of the Federal TortClaims Act;

(c) FTCA coverage does not extend to the performance ofactivities that are not included in the contract scopeof work,

a. 10

SECTION G

CQMTRACT ADMIKIflTRATIQIi DATA

(d) Any Tribal Contractor that desires to insure againstnon-contract claims mist obtain private generalliability insurance coverage.

(e) Claims must be filed for administrative considerationwithin two years of the injury or damage for which theclaims are made, and at least 6 months after denialof a claim before a court suit is filed. Alladministrative claim and tort complaints shall beimmediately transmitted to. the Bureau tort claimsofficer.

(2) Bureau offices shall immediately inform Tribal Contractorsthat the above provisions may be used by Tribal Contractorsin reducing their present liability insurance premiums orin obtaining and negotiating new coverage. *

(3) Bureau offices shall assist Tribal Contractors to ensurethat insurance policies provide coverage for protectionfor those matters not covered or excluded under the FTCA(see 28 U.S.C. 2680 for exclusion).

0.11

SECTION H

H.I.

Zf it becomes apparent during the contract term that theestimated amount of this contract will be in excess of actual-expenditures under tha contract, tha idantifiad savings orunaxpandad funds shall ba uaad to provida additional servicesor benefits within tha scope of tha contract. When both thaContractor and tha Contracting Officer agree that it is notpracticable to spend tha savings or unaxpandad funds duringtha contract period, tha savings or unexpended funds shall bacarried over into the succeeding contract period, except asotherwise specifically provided in appropriation acts,without further justification, savings identified asunexpended funds shall ba carried over into a succeedingcontract period and added to the contract amount for thatperiod for existing program objectives pursuant to Section106(a) (3) or for which they ware authorized to ba usedpursuant to Section 106(a) (3). Tha savings or unexpended fundsshall not reduce tha amount that would have bean available ifthere had been no savings or unexpended funds.

B.2. BAVIHQfl/UMEXPEMPBD TUMPS

The Savings/unexpended funds and program income in a three (3)year contract shall be available for expenditure by theContractor through the end of the Fiscal Year following theyear of the appropriation for the first and second year of athree year contract. A modification will not be required toauthorize the expenditure of unexpended funds in the first andsecond year of a three year contract. However, the unexpendedbalance must be expended by September 30 of the succeedingfiscal year. In the third and final year of a three (3) yearcontract a modification must ba executed in order to carry-over unexpended balances into a new contract. Expendituresshall ba applied to prior year (or carryover) funds firstbefore utilizing current year funds.

H.3. SUBMISSION OF REPORTS

The submission of reports shall be in accordance with ArticleIII, General Contract Provisions, Clause 304., AnnualReporting (BZAPR 14-H.615).

The Contractor shall make available quarterly, to members ofthe tribe, an accounting of the amounts and tha purposes forwhich tha contract funds were expended during tha previousquarter in the following manner:

By posting a notice containing such information on or beforethe tenth day of each month, in a conspicuous place rsadilyaccessible to members of tha Tribe or; (Ref. 25 CFR 271.49C.I).

••1

SECTION H

By such other »eans as is Mutually agreed to by the Contractorand the Bureau of Indian Affairs.

•

In addition to the above reporting requirement/ the Contractor•hall submit the following reports to the Bureau of IndianAffairs Contracting Officer.

H.4. Tha following Quarterly Raporta shall be due within thirty(30) days after the and of each three month period unlessotherwise indicated.

Financial Status Report (SF-269) - to be submitted directlyto the Contracting Officer. This report shall be used toliquidate P-638 payments made during the past quarter.

Annual Narrative Report shall be due within ninety (90) daysafter the end of the contract ten, or if a multi-yearcontract, within ninety (90) days after the end of each FiscalYear and shall be submitted to the Contracting Officer fordistribution to the COR for this contract.

B.4.1 A»nual Narrative Report. The brief annual narrative reportfor the purposes of this supplement, will be as follows:

(a) A summary of accomplishments achieved addressing eachitem provided in the contract statement or work?

(b) A summary of problems encountered that may have presentedaccomplishment of certain provisions in the contract; and

(c) A copy of reports, program information, or data requiredin the contract.

The Contracting Officer's Representative (COR) shall notifythe Contractor about any delinquent reports. If theContractor fails to submit the delinquent reports by the•stablished deadline, the Contracting Officer's Representative(COR) shall notify the Contracting Officer of the program.The Contracting Officer will then take whatever action isnecessary to ensure that the terms, conditions and generalprovisions of the contract are complied with by the Contractoras provided in Section G.2.2.

H.2

SECTION B

Any additional reports to be provided to the ContractingOfficer for proper administration of the contract shall bemutually agreed upon by the Contractor and ContractingOfficer.

All reports including the SF-269's FINANCIAL STATUS REPORTSshall be sent directly to the Contracting Officer at theaddress shown in Item 5 of the Contract Award Document.

H. 5 • ypg»jkfl|>^K|iKiiy COST

At the time of negotiations, both parties, Contractor andContracting Officer realize that various delays may cause latesignature on this contract. In order to minimize adversedelays, and in order to allow the Contractor to recovercontract costs, the parties agree that all costs incurredbeginning October 01. 1990 , are allowed and will bereimbursed by the Government.

••1

r " cCONTRACT CLAUSES

PART II - SECTION I

ARTICLE 111 GENERAL CONTRACT PROVISIONS

INDEX OF GENERAL CONTRACT PROVISIONS

(Negotiated, Cost Reimbursement Public Law 93-638 contracts with TribalOrganizations)

Clause No. Clause Title Pace No.

A. DEFINITIONS OF TERMS1

301. Definitions ...............;;l

B. PERFORMING SERVICES - PROGRAMS

302. Fair and Uniform Services 1303. Buy American Act 1304. Annual Reporting 1

C. COSTS AMD PAYMENTS

305. Allowable Cost and Payment 8306. Negotiated Overhead Rates V........3307. Limitation of Costs .". «»308. Price Reduction for Defective Cost'or"Pricing Data....-.5309. Advance Payments ••••• «..-.-..6310. Funding Changes..... 13

D. BASIC EMPLOYMENT POLICIES

311. Indian Employment Preference 1331S. EQual Opportunity*«••••••••«••«•••«••••••••••••••••»• • !•>313. Certificate of Non-Segregated Facilities 19314. Convict Labor IS

E. MCONTRACT1NG

315. Use of Indian Business Concerns...... ..;......-«1531o. Anti—Kickback Act*•••••••••••••••• •".'."• •..• • *'i*i'»•*• ••*•••'•••

No- . tlauM Tltl» Pan* Ma.

F.

317* Audits end Records.•••••••••••.•••.•••«••••••••••••••.16•At a FMAA!M*^|MM «»f BmftirAm. 191B. RMaBBIte » 101. V.v nWlM W* •••••••••••••••••••••••••••••••I/

319. Privacy Ac* weojtiiree}eni»s...»....»»*»»•••••••••••••••••20

* 8. MISCELLANEOUS PROVISIONS

380• Effect Oft Existing RiQn*v* ••••••••••••••••••••••••••• •el•9O4 W •ftMAivAfl^Â 9%JCl • InMlf ••I1CV* ••••••••••••••••••••••••••••••••••••••••••• •Cl

382. 6ov«rn««nt Purnith*d Property 28383. Rights in Data 8332«i. Astignatnt of Claias *.. 8%385. Officials Not to Btrwfit 8*386. Printing.•••••••••••••••••••••••••••••••••••••••••••• .85387. Penalties 83

H. CONTRACT ADhlMlSTRATlOM

388. Changos.••••tr* ..•••••....•••••••••.••••••••••••••••••83389. DisputM 89330. Payment of Interest on Contractor's Claim 86

1. RETROCESSION. REASSUHPT10M AND CANCELLATION

331. Retrocession 86338. Reassueption of Programs 86333. Cancellation For Cause 86

J..CLAUSES APPLICABLE UNDER PRESCRIBED CONDITIONS

334. Contract Funding and Renegotiation 87339. Bid Guarantee and Bonds ..87336. Subcontractor Cost and Pricing Data 88 !

K. LABOR STANDARDS

337. Contract Uorkhours and. Safety Standards Act,Over tine Compensation 89

338. feres of Contract 30339. Availability, of Funds 31

J>

c ' cGENERAL CONTRACT PROVISIONS

A. DEFINITION OF TERMS

301 DEFINITIONS CBIAPR 14H-70.603)

.•The following terms shall have tht meanings set forth btlON throughoutthis contract:

(a) Tht term "head of the agency" or "Secretary1* it used herein meansthe Secretary, the Under Secretary, and Assistant Secretary, orany other head or assistant head of the Department of theInterior: and the term "his duly author lied representative" meansany person or persons or board (other than the ContractingOfficer! authorized to act for the head of the agency or theSecretary.

(b) The term "Contracting Officer" means the person executing thiscontratt on behalf of the Government, and any other off ijcer orcivilian employee Mho is properly designated as a ContractingOfficer; and the term includes, except as otherwise provided inthis contract, the authorized representative of a ContractingOfficer acting within the limits of his authority.

B. PERFORMING SERVICES - PROGRAMS

302 FAIR AND UNIFORM SERVICES (BIAPR 14H-70.617)

The Contractor agrees that any services or assistance provided toIndians under the contract shall be provided in a fair and uniformmanner.

303 BUY AMERICA ACT <BIAPR 14H-70.633)

(a) The Buy American Act (41 U.S.C. lOa-d) requires, with certainexceptions, that in the procurement of supplies and services onlydomestic source end products shall be acquired for public use.

(b) The provisions of Part 1-6 of the Federal Procurement Regulations(41 CFR Part 1-61 deals with the Buy American Act and its applica-tion to Government contracts.

(c) The provisions of Part 1-6 of the Federal Procurement Regulations<41 CFR Part 1-6) are applicable to this contract and any subcon-tracts entered into under the contract. Questions Concerning theBuy American Act and its applicability in specific circumstancesshould be directed to the Contracting Officer.

304 ANNUAL REPORT 1MB. (BIAAPR MH-70.4tSt: . . .

(a) Within 90 days of the end of each fiscal year of this contract's tore.,the Indian tribo that requested the contract shall furnish the Contract-ing Officer a report that includes but is not limited to an accounting ,

of tho amounts and purposes for which tho cdntract funds were expendedand information oh tho conduct of tho program or services and thoextent to which the goals and objective of tho tribo were accomplished.

(b) When the contractor is. the governing body, of tho .Indian tribo thatrequested the contract,-*the report shall be submitted directly to thoContracting Officer.

(c) When the contractor is a tribal organization other than tho governingbody of the tribe, the tribal governing body that requested the con-tract shall submit tho report. However, at tho option of tho tribo,the Contractor shall prepare the report and submit it to tho tribofor review and approval prior to the-tribe'submitting the report tothe Contracting Officer.

(d) When the contract benefits more than one tribe, the Contractor shallprepare the report and submit it to each of the tribes. Each of the

.. ... tribes, will endorse, and make any—comments they consider applicablebefore submitting the reports to the Contracting Officer.

(e) Notwithstanding this requirement for an annual report, the ContractingOfficer may request the Contractor to furnish such other reports atsuch intervals as specified by the contract.

C. COSTS AND PAYMENTS!

305. ALLOWABLE COST AND PAYMENT. (BIAPR 14H-70.62S)

(a) For the performance of this contract, the government shall pay to theContractor (i) the costs thereof (hereinafter referred to as "allow- 'able cost*) determined by the Contracting Officer to be allowable inaccordance witht

(i) Appendix A to 25-CFR 876 asin effect on the date of thiscontract. ,

1

(ii) The terms of this contract.

(b) Once each month (or at more frequent intervals as may be specifiedelsewhere, or if approved by the Contracting Officer), the Contractormay submit to the Contracting Officer or his authorized representative,in such form and reasonable detail as may be required, an invoice orpublic voucher supported by a statement of cost incurred by the Con-tractor in the performance of this contract and claimed to constituteallowable cost.

(c) Promptly after receipt of each invoice or voucher, the Government shallmake payment of the allowable costs incurred subject to the provisionsof (d) below.

(d) At any time or times prior to final payment under this contract, theContracting. Officer may cause to be made such audit of tho invoices orvouchers and statements of cost as shall be deemed necessary. Each

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payment made before that tin* shall be subject to* reduction to theextent that amount! included in the related 'invoice «r vouchers andstatements of cost are found by the Contracting Officer not to consti-tute allowable cost, and shall also be subject to reduction'for over-payments or to increase for underpayments, on preceding invoices orvouchers. „ *

(e) On receipt and approval of the voucher or invoice designated by theContractor as the "completion voucher* or "completion invoice? andstatement of cost, which shall be submitted by the Contractor as prompt-ly as may be practicable following completion of the work ' under this 'contract but no later than six (6) months tor -such -longer period asthe Contracting Officer may in his discretion,-approve in writing)from the date of such completion, and following compliance by theContractor with all provisions of this contract,'the Government' shall 'promptly as may be practicable pay to the Contractor -any balance ofallowable cost. . "...."*

;(f) Any cost incurred by the Contractor under the terms of this . contract

which would constitute allowable cost under* • the provisions of thisclause shall be included in determining the amount payable under thiscontract, notwithstanding any provisions contained in the specification,or other documents incorporated in this contract by reference, designat-ing services to be performed or materials to be furnished by the Con-tractor at its expense or without cbst to the Government.

306 NEGOTIATED CVERHIAD RATES (BIAPR 14H-70.626)

(a) Notwithstanding the provisions of the clause of this contract entitled•Allowable Cost and-Payment,- the allowable indirect costs under thiscontract shall be obtained by applying negotiated overhead rates tobases agreed upon by the parties, as specified below.

<b) The Contractor, as soon as possible, but not later than six (6) monthsafter the expiration of each of the Contractor's financial years orsuch other period as may be mutually agreed upon by the Bureau and theContractor, shall submit to the cogniiant audit agency, with a copy tothe Contracting Officer, a proposed final overhead rate or rates forthat period based on the Contractor's costs experience during thatperiod, together with supporting cost data. Negotiation of finaloverhead rates by the Contractor and the cogniiant audit agency shallbe undertaken as promptly as practicable after receipt of the Contrac-tor's proposal.

CO Allowability of cost and acceptability of cost allocation methodsshall be determined in accordance with Appendix A of 23 CFR 276, asin effect en the date of this contract. • ...

<d> The result of each negotiation shall be sot foVth Tn"an amendment tothis contract, which shall specify ftl the agreed final rates, (SI thebases to which the rates apply, <3> the periods for -which the ratesapply, and (*) the specific items treated as direct costs or anychanges in the items previously agreed to 'be direct costs. •'

3

(•I Pending establishment of final overhead rates for any period, theContractor shall bo reimbursed oithor at nogotlatod provisional ratomas provided in tfiio contract or at billing ratoo accoptablo to the

. Contracting .Officer, subject to appropriate adjustment when tho finalrates for that poriod are established. To prevent substantial over orunder payment*. UwV provisional or billing ratoo may, at .tho request of

. ' oithor party,, be; revised by outual agreement, oithor retroactively orprospectively. Any such revision of negotiated provisional ratesprovided in this contract shall be sot forth in an amendment to 'thiscontract*

(f) Any failure by the parties to agree on any final rato or rates underthis clause shall bo considered a dispute concerning a question offact for decision by tho Contracting Officer within tho Meaning ofthe clause of this contract entitled •Disputes*.

307 - L1H1TAT10M PP COSTS. CBlflFR 1*8-70.62*>

Ca) It is estimated that the total cost to the Government for the perform-ance of the work specified in this contract Mill not exceed the esti-mated, costs set forth in the Schedule* The Contractor agrees to useits best efforts to perform this contract within the estimated total.amount so specif ied, but neither the Government nor the Contractorguarantees the accuracy of such estimate. If at any the Contractorhas reason to believe that the costs which it expects to incur in theperformance of this contract in the next succeeding thirty 130) days,Mhen added to all costs previously incurred, will exceed eighty fivepercent (89X) of the estimated costs then set forth in the Schedule,or if at any time the Contractor has reason to believe that the totalcosts for the performance of this contract, Mill be greater or sub-stantially less than the estimated cost thereof, the Contractor shallnotify the Contracting Officer, in writing, to that effect, giving

..the revised estimate of such total cost for the performance of thiscontract.

(b) The Government shall not be obliged to reimburse the Contractor forcost* incurred in excess of the estimated costs set forth in the Sched-

. ule, .and the Contractor shall not be obliged to continue performance• ' under .the contract or to incur costs in excess of such estimate,

unless and until the Contracting Officer has notified the Contractor,in writing, 'that such • estimated cost has been increased, and hasspecified in such notice a revised estimated cost, which shall there-upon constitute the estimated cost to performance of this contract.Mhen, and to' the extent that, the estimated cost has been increased,any costs previously incurred by tho Contractor in excess of suchestimated cost shall be allowable to the same extent as if such costsare incident -to and necessary for the performance of work specificallyauthori'led under this contract at the time incurred.

Cc) . If the estimated cost is not increased, and additional funds are notallocated to the contract, and all work under this contract is dis-continued btc*M*» of exhaustion of funds, the Contractor shall furnish

*: a. final report on the work which has been performed and the Governmentshall have no" obligation to make further payments hereunder.

<*

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306 - ffllflE PEPUCTION FOR DEFECTIVE COST OR PRICING DATA. (BIAPR 14H-70.63U

(This clause is applicable where cost and pricing data it required in ac-cordance with 14H-70.407)

(a) If the Contracting Officer determines that any price negotiated inconnection with this contract or any cost reimbursable under thiscontract was increased by any significant sums because the Contractor,or any subcontractor pursuant to the clause of this contract entitled"Subcontractor Cost or Pricing Data" or Subcontractor Cost or PricingData Adjustments"• or any subcontract clause therein required,furnished incomplete or inaccurate cost or pricing data or data notcurrent as certified in his Contractor's Certificate of Current Costor Pricing Data, then such price or cost shall be reduced accordinglyand the contract shall be Modified in writing to reflect such reduc-tion.

•(b) Failure to agree on a reduction shall be a dispute concerning a ques-

tion of fact within the Meaning of the "Dispute" clause of thiscontract. (NOTEs Since the contract is subject to reduction underthis clause by reason of defective cost or pricing data submitted inconnection with certain subcontracts, it is expected that theContractor may wish to include a clause in each such subcontractrequiring the subcontractor to appropriately indemnify the Contractor.It is also expected that any subcontractor subject to such indemnifi-cation will generally require substantially similar indemnificationfor defective cost or pricing data required to be submitted by hislower tier subcontractors).

309. ADVANCE PAYMENTS.

309.1 ADVANCE PAYMENTS (BIAPR 14H-70.618 (all

(This clause is applicable when advance contract payments are to be madedirectly to the Contractor.)

(a) Amount of Advance. At the request of the Contractor, and subject tothe conditions set forth herein, the Government shall make advancepayment to the Contractor. Each payment shall be limited to the amountdetermined necessary for the Contractor's-operation under the contractfor the period of time covered by the advance, which shall not be lessthan two weeks, except that the final payment under the contract maybe a period less than two weeks.

(b) Payment will be made by check payable to the Contractor.

Cc) Funds advanced under, this contract may not be used for any otherpurpose except for making payments for materials, labor, administra-tive and overhead expenses allowable under this contract.

Id) The Contractor shall keep separate accounts in his accounting systemwhich will reflect oil receipts, expenditures* fund balances and

obligation* undo? this contract.

(•) Return of Funds. The Contractor My at any tloo ropay any or all oftho funds advanced hereunder. when it is dotor'olnod that such fundt willnot b» required for oporationo under tho contract] or, Mhon roquo»tod9in writing, by tho Contracting Offieorv as a rooult of retrocession,rocision or toroination for caose of this contract, tho Contractorohall return ouch Mount as My bo determined by tho ContractingOfficer is not required for settlement of outstanding obligations.

If) Liauidation. If .not otherwise liquidated, tho advanco payment (s) made. .hereunder shall "bo liquidated as heroin provided*- When tho sum of all

tho estimated payments remaining duo on tho contract approximate thounliquidated amount of tho advanco payment(s), 'the Contracting Officershall thereafter withhold further payments duo on tho contract, rep-resented by proper invoiced amounts submitted by tho Contractor, andapply tho amount(s) withhold against tho liquidation of tho advancopayment until tho advanco payment has been fully liquidated. If uponcompletion or termination of tho contract, or for other reasons, thoentire advanco payment (s). is not fully liquidated, by tho processindicated above, and tho Contractor does not repay the balance dueupon request, then the balance thereof shall be offset against anysums otherwise duo or which may become due to tho Contractor from theGovernment on any other contracts or from any source.

(g) No interest will be charged on advance payments.

309.8 ADVANCE PAYMEKTS B1APR l*H-70.618Cb»

CThis clause is applicable when the contract requires advance payments tobe deposited in a special bank account.

Ca) Amount -of Advance. At tho request of the contractor and subject to, conditions set forth herein, the Government shall make advance payments• to tho contractor in amounts and at such times as agreed to between thecontractor and the Contracting Officer and which are specified inParagraph 109 of this contract.

Cb) Somcial Bank Account. Until tho advance payment (s) made hereunder isliquidated and tho Contracting Officer approves in writing the releaseof any funds duo and payable to tho Contractor, tho advance payment (s)and all other payments (progress, partial, and final) made under thecontract shall bo made by chock payable to tho contractor but mailedto tho bank, where tho special bank account is maintained as stated inthe Agreement for Special Bank Account Number . Bureau ofIndian Affairs."

The Agreement for Special Bank Account shall designate the accountnumber. No part of the funds deposited in the Special Bank Accountshall bo mingled with other funds of the contract prior to withdrawal

• thereof from tho Special Bank Account as hereinafter provided. Exceptas hereinafter provided, each withdrawal shall bo only by chock of theContractor, unless countersigning on behalf of the Government by the

• • contracting Officer or such other person as he may designate in writingis determined to be in the best interest of the Government and the

6

r ' cContracting Officer not if it* the Contract or. An* -bank in'writ ing that,countersigning Mill be required.

Cc) Use of Fund*. The funds in the Special Bank Account My be withdrawnby the Contractor solely for the purposes...pf.- Making, payments -formaterials, labor, administrative and overhead expenses, - and otherpurposes required for this contract, or for the purposes-of -reimburs-ing the contractor for such- payments, and.fpr_.-such• -other purposes asthe Contracting Officer may approve in -writing. If this is a costreimbursement contract, the funds in the Special Bank Account may be'withdrawn by the Contractor solely for the purpose of making paymentsfor itemt allowable costs as provided in the clause titled -AllowableCost and Payment" of this contract. Any interpretation required asto the proper use of funds shall be made iti,writing by theContracting Officer.

(d) Return of Funds. The Contractor may at any time repay all or any partof the funds advanced hereunder. Uhtnever so. requested in writing- bythe Contracting Officer, the Contractor shall repay to the Government*such part of the unliquidated balance of'the advance payment as shall"in the opinion of the Contracting Officer be in excess of the 1.Contrac- .tor's current requirements or, when added to total -advances previouslymade and liquidated, are in excess of the amount specified in Paragraph(n) U) hereof or are no longer to be made..available to the- Contractorbecause of default, or abuse of their use, or for such other reasonsas the Contracting Officer may specify. . If the Contractor fails torepay such part of the unliquidated balance of the advance paymentwhen so requested by the Contracting Officer, all or any part thereofmay be withdrawn from the Special Bank Account by check(s) made payableto the Bureau of Indian Affairs signed by the Contracting Officer orany official of the Bureau of Indian Affairs authorized in. .writing bythe contracting Officer to take such action. Such withdrawals shallbe applied in reduction of the advance payment (si then outstandinghereunder. The Contracting Officer shall -notify the contractor andthe bank of the action taken.

(e) Liquidation. If not otherwise liquidated, the advance payments(s) madehereunder shall be liquidated as herein provided. Mhen the sum of allthe estimated payments remaining due on the contract approximate theunliquidated amount of the advance payment (s), the Contracting Officershall thereafter withhold further payments due on the contract, repre-sented by proper invoiced amounts submitted by the Contractor, andapply the amount (s) withheld against the liquidation of the advancepayment until the advance payment (si is not fully liquidated, by theprocess indicated above, and the Contractor does not repay the balancedue upon request, then the balance thereof shall be off eft against any•urns otherwise due) or which may become due .to the Contractor from theGovernment on any other contracts or from any source.

• '*** ™ *(f) Interest Charoe. No interest will bo charg 'o i..-the .amount of the

advance payment(s).

(g) Bank Agreements. Before) an advance payment (s) Is made .her eunder theContractor shall submit to the Contracting Officer in the form

prescribed, an Agreement for SptcUl Bank Account, in triplicate,signed by the contractor and an official of the bank in which theSpecial Bank Account U established as the depository for the advancepaymentCs) and other payments. The agreement snail clearly sot forththe character of the Special Bank Account and the responsibilities ofthe Contractor, the- Bank* and Contracting Officer, thereunder. ' Wher-ever possible, such bank shall be a eeeber of the Federal ReserveSystem, or an "insured* bank Mi thin the eeaning of the Act creatingthe Fedo'ral Dtposit Insurance Corporation (Act of August 83, 1939, 49Stat. 684, as aeendedf 18U.S.C.

(h> Lien an Special Bank Account. The Sever neent shallhave a lien uponany balance in the Special Bank Account par-Mount to all other liens,which lien shall secure the repayment of any advance payment Is) madehereunder.

(i) Lien on Prnnmrtv Under Contract. Any advance payment Cm) made underthis contract shall be secured, when «ade, by a lien in favor of theSovernment, par amount to all other liens, upon the supplies or otherthings covered by this contract. The Government's lien shall apply toall Mterial and other -property acquired for or allocated to theperformance of this contract, except to the extent that the Governmentby virtue of any other provision of this contract, or otherwise, shallhave valid title to such supplies, materials, or other property asagainst other creditors of the contractor. The contractor shall

• identify, by marking or segregation, all property which is subject toa lien in favor of the Sovernment by virtue of any provisions of thiscontract in such a way as to indicate that it is subject to such lienand that it has been acquired for or allocated to the performance ofthis contract. If for any reason such supplies, materials, or otherproperty are not identified by marking or segregation, the Sovernmentshall be deemed to have a lien to the extent of the -government'sinterest under this' contract on any mass of property with which suchsupplies, materials, or other property are comingled. The Contractorshall maintain adequate accounting control over such property on hisbooks and records. If at any time during the progress of the work onthe contract it becomes necessary to deliver any item or items andmaterials upon which the Sovernment has a lien as aforesaid to a thirdperson, the Contractor shall notify such third person of the lienherein provided and shall' obtain from such third person of the lien

- • herein provided and shall obtain from such third person a receipt, induplicate, acknowledging, interalia, the existence of such lien. Acopy of • each -receipt sh*H be delivered by the Contractor to thecontracting Officer. If this contract is cancelled in whole or in partand the Contractor is authorized to sell or retain cancellation inven-tory -acquired for or allocated to this contract, such sale or reten-tion shall be made only if approved by the Contracting Officer, whichapproval shall constitute a release of the Sovernment 's lien hereunderto the -extent that such cancellation inventory is sold or retained,

: and to *ho extent that the proceeds of the sale, or the credit allowedfor such retention of the contractor's termination claim, is appliodin reduction of advance payment (s) then outstanding hereunder.

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Cj) Insurance. Tht Contractor represents and warrant* that he is nowMaintaining with responsible insurance carriers*

(1) Insurance upon his own plant and equipment against: Fir* and- otherhazards to the extent that like properties are usually insured byothers operating plants and properties or similar character in thesame general locality;

(2) Adequate insurance against liability on account of damage to per-sons or property} and,

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(3) Adequate insurance under all applicable workmen compensation laws.The Contractor agrees that, until work under-this.contract has beencompleted and the advance payment(s) made hereunder has been liqui-dated, he wills

(i) Maintain such insurances

(ii) Maintain adequate insurance upon any materials, parts assem-blies, sub-assemblies, supplies, equipment, and other propertyacquired for or allocable to this contract and subject to theGovernment lien hereunder; and

(iii) Furnish such certificate with respect to his insurance as theContracting Officer may require.

(k) Default Provisions. Upon the happening of any of the following eventsof default!

(1) Cancellation of this contract by reason of fault of the Contractor.

(2) A finding by the Contracting Officer that the Contractor:

(il Has failed to observe any covtnant*, conditions, or warran-" ties of these provisions or has failed to comply with anymaterial provision of this contract} or,

(ii) Has so failed to make progress or is in such unsatisfactoryfinancial conditions as to endanger performance of thiscontract! or,

(iii! Has allocated inventory to this contract substantiallyexceeding reasonable requirements! or,fm*

(iv) Is delinquent in payment of taxes, or of the costs of per-formance ef this contract in the ordinary course of business.

(3) Appointment of a • trustee, receiver or liquidator for all or asubstantial part of the Contractor's property or institution ofbankruptcy, reorganization, arrangement or liquidation proceedingsby or against the Contractor! " . -

Service of any writ of attachment, levy of execution, or commence-ment of garnishment proceedings with respect to the Special Bank

Account! or,

19) The commission of an act of bankruptcy! the Government, withoutlimiting any rights which it My otherwise have, My in it* dis-cretion and upon written notice to the Contractor and bank, with-

. • . hold.further withdrawal* free, the Special. Bank-Account and withhold-• further payment* on this contract... U0on- the continuance of anysuch event* of default for a period of 30 day* after such writtennotice to the Contractor and bank, the Government may, in it*discretion, and without limiting any other rights which the Govern-ment My have, take the following additional action* a* it Mydeem appropriate in the circumstances:

111 - Mithdraw all or any part of the balance in the Special BankAccount by checks made payable to the Bureau of IndianAffair*, signed solely by an official of the Bureau ofIndian Affairs authorized in writing by the ContractingOfficer to take such action, and apply such amount* inreduction of the advance paymentCs) then outstanding here-under and in reduction of any other claims of the Govern-ment against the Contractor!

(ii) Demand immediate repayment of the unliquidated balance ofthe advance payment Is) hereunder! or,

(iii) Take possession of and, with or without advertisement, sellat public sale at which the Government may be the purchaser,or at a private sale, all or any part of the property onwhich the Government has a lien under this contract and,after deducting any expenses incident to such sale, applythe net proceeds of such sale in reduction of the unliqui-dated balance of the advance payment(s) hereunder in reduc-tion of any claims of the Government against the Contractor.

(1) Prohibition Against Assignment. Notwithstanding any other provisionof this contract, the contractor shall not, while any part of the :advance payment!*) i* unliquidated, pledge, or otherwise assign any 'monies due under this contract, or any claims arising thereunder, toany party or parties, bank, trust company, or other financing institu-tion.

Im) Information-Access to Records. The Contractor shall furnish to thecontracting Officer signed or certified balance sheets and profit andloss statements monthly, if required by the Contracting Officer,together with a monthly bank statement for the Special Bank Accountand such other information concerning the operation of the Contrac-tor's business as may be requested. The Contractor shall afford toauthorize representatives of the Government facilities for inspectionof the Contractor's books, records, and accounts.

(n) Desionations and Determinations.

11) Amount. The amount of the advance payment(s) at any time outstand-ing hereunder shall not exceed the amount authorized in the

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Findings, Determinations, and Authorization for the advance pay-ment(s).

(8) Depository. The advance payment(s) shall be depositedin the bank with which the Agreement for 'Special Bank .Account is established.

Co) Other Security. The terms of this contract shall be considered adequatesecurity for advance payment(s) hereunder.

<p) Representations and Uarrantims. To induce .the «aUng«f the advancepayment (s If the Contractor represents and warrants thati

t(1) No litigation or proceedings are presently.pending or. threatened

against the Contractor. " ' "• • • •

<2) None of the provisions herein contravenes or is in conflict with,the authority under which the Contractor is doing business or withthe provision of any existing agreement of the Contractor.

(3) The Contractor has the power to enter into this contract and Acceptan advance payment (s) hereunder, and has taken all necessary actionto authorize such acceptance under the terms and conditions of thiscontract.

<<*) None of the assets of the contractor is subject to any lien orencumbrance of any character except for current taxes not delin-quent. There has been no assignment of claims under any. contractaffected by these advance payment provisions, or if there has beenany assignment, such assignments have been terminated.

(5) All information furnished by the contractor to the ContractingOfficer in connection with the request for an advance payment istrue and correct*

(6) These representations and warranties shall be continuing and shallbe deemed to have been repeated by the submission of any subse-quent request for additional advance payment (s) under the contract*

Cql Subadvanees. Subject to the prior written approval of the ContractingOfficer, funds from the special Bank Account may be used by the. _Contractor to make advance payment(s) or down payments to subcontrac-tors and suppliers of material in advance of performance by a thesubcontractor or suppliers of material. Such subadvances shall notexceed the subcontract price or .estimated cost as the ca'se may be.The subcontractors or suppliers of material to whom 011011 advancepayment (s) is made shall furnish adequate security therefor. Unlessother security is required by the Contracting Officer, covenants in•subcontracts, expressly made for the Ibeneflt'ef the 'flbvejrnment. .providing for a Special Bank Account for .the stAbagyance with. Soveftimeritlien thereon, and providing for a Government lion, paramount to allother liens, en all property under such subcontracts,'and imposingupon the subcontractor and the depository bank substantially the sameduties and giving the Government substantially the same rights as are

provided herein Und in the Agr»M»nt for Special Bank Account supple-mental hereto) between the. government, the Contractor, and the bank•ay be conoiderod as adequate justification it.first furnished to andapproval obtained by the Contracting Officer.

lr> Covenants- During the period of tiee that an advance paymentCs> madehereunder remains unliquidated, the Contractor shall not, without priorwritten'consent bf'lhe Contracting Officers

- (I) Mortgage, pledge, or otherwise encumber, or suffer to be encumbered,any of the assets of the Contractor now owned or hereinafteracquired by it, or per ait any pre-existing Mortgages, liens, orother encumbrances to remain on or attach to any assets of theContractor which are allocated to the performance of this contractand with respect to which the Government has a lien hereunder ;

(2) Sell, assign, transfer, or otherwise dispose of accounts receivable,notes, or claims for money due or to become duej

(3) Declare or pay any dividends, except dividends payable in stock ofthe corporation, or make any other distribution on account of anyshares of its capital stock, or purchase, redeem, or otherwise

' * acquire for value any such stock, except as required by sinkingfund or redemption arrangements reported to the contracting Of-ficer incident to the establishment of these advance payment(s)provisions|

C4> Sell, convey, or lease all or a substantial part of its assets;

(5) Acquire for value the stock or other securities of any corporation,municipality, or governmental authority, except direct obligations,of the United States.

(6) Make any advance, or. loan to or incur any liability as guarantor;

(7) Permit a writ of attachment or any similar process to be issuedagainst its property without procuring release thereof or bondingthe same within 30 days after the entry of the writ of attachmentor any similar process;

(8) Pay any salaries, commissions, bonuses, or other remuneration inany form or manner* to its directors, officers, or key employees inexcess of 'existing rates' of payments, or of rates provided by thiscontract, or in existing agreements, in connection with whichnotice has been given to the Contracting Officer; or accrue such

" excess remuneration without first obtaining an agreement subordi-nating the same to all claims of the Government hereunder;

(9) Hake any substantial change in management, ownership, or controlof the organization with which this contract is made;

(10) Merge or consolidate with any other firm or corporation, change-the type 'of its business, or engage in any transaction outsidethe ordinary course of its business as presently conducted;

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<11) Deposit any of its fund* except in a bank or trust company insuredby the Federal Deposit Insurance Corporation; or,

(18) Create or incur indebtedness, borrow money or advances other thanadvances to be made hereunder, except as specified herein.<

309.3 ADVANCE PAYMENT (BIAPR 14H.70.618 <C»

(This clause is applicable when the contract provides that advance paymentMill be made by Letter of Credit. BIAPR l*H-70.618(c))

At the request of the Contractor, and subject to the conditions set forthherein, and to the Automated Clearinghouse (ACH) Vendor Express ElectronicFunds Transfer System which is a U.S. Treasury Payment System, the Govern-.ment shall make payments to the Contractor by the P-638 Contract PaymentSystem.

(a) The Contractor agrees to comply with all the requirements and condi- !tions set forth in the Automated Clearing House (ACH) Vendor ExpressElectronic Funds Transfer System which is a U.S. Treasury PaymentSystem.

(b) The Contractor agrees to initiate cash draw-downs only when actuallyneeded for its disbursements.

(c) The Contractor agrees to report to the Contracting Officer cash dis-bursements and balances quarterly not later than 15 days after theend of the quarter covered by the report.

(d) Failure to adhere to the provisions of this clause may cause theunobligated portion of the P638 Contract Payment System to be dis-solved by the Contracting Officer or the Department of the Treasury.

310 - FUNDING CHANGES. (BIAPR l*H-70.620(b»

(This clause is applicable to contracts over *10(000)

If for any reason beyond the control of the Bureau, the amount of fundsallocated for the program operated under this contract are reduced by anamount or by a percentage resulting in a specific amount, the contractwill be modified accordingly after consultation with the Contractor. Suchmodification shall be made without penalty to the Government and shall notconstitute basis for a claim under -this contract.

D. BASIC EMPLOYMENT POLICIES

311. INDIAN EMPLOYMENT PREFERENCE (BIAPR 14H-70.40G)

(a) The Contractor shall give preference In employment for all work per-formed under the contract, including subcontracts thereunder, toqualified Indians regardless of ago, religion or MM, and to theextent feasible consistent with the efficient performance of thecontract, provide employment and training opportunities to Indiansregardless of age, religion or sex that are not fully qualified toperform under the contract.' The Contractor shall comply with any

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Indian preference requirements established by the tribe receivingservices under the contract to the extent that ouch requirements arenot consistent with tho purpoto and intont of this paragraph.

 If tho.contractor or any of ito subcontractor* is unablo to fill itsemployment openings after giving/full consideration to Indians as

' required in paragraph Cai above, .these eeployaent openings nay then befilled by other than Indians under the conditions set forth in theEqual Opportunity clause of this contract.

Cc> The Contractor agrees to include this clause or one sieilar thereto inall subcontracts issued under this contract.

318 - EQUAL OPPORTtiilTY. (B1AFR 1%H-70.609>

During the perforeance of this contract and after complying with the IndianEmployment preference clause of this contract* the contractor agree* asfollOMSS

fa) The Contractor Mill not discriminate against any employee or applicantfor employment because of race* age, religion, or sex. The ContractorMill take affirmative action to ensure that applicants are employed,and that employees are treated during employment9 without regard totheir race* age, religion, or sex. Such action shall include, but notbe limited to, the follOMingi Employment, up-grading, demotion, ortransfer; recruitment or recruitment advertising; payoff or termina-tion, rates of pay or other forms of compensation; and selection fortraining including apprenticeship.

(b) The Contractor will, in all solicitations or advertisements for employ-ees placed by or on behalf of the contractor, state that all qualifiedapplicants will receive consideration for .employment with regard torace, age, religion or se».

(c) Tho Contractor will include tho provisions of paragraphs (a) through(b) in every subcontract or purchase order, so that such provisionswill be binding upon each subcontractor or vendor. The Contractor will

* tako such action with respect to any subcontract or purchase order as• tho Bureau of Indian Affairs may direct as a means of enforcing suchprovisions, including sanctions for noncompliance. However, if thecontractor becomes involved in, or is threatened with, litigation witha subcontractor or vendor as a result of such direction by tho Bureauof Indian Affairs, tho Contractor may request the United States toenter into such litigation to protect the interest of the UnitedStates.

313 - TTHT1F1CATE OF NDK-SESREBAT n FACILITIES. CBIAPR 14H-70.622)

By signing the contract, the Contractor certifies that he does not main-tain or provide for his employees any segregated facilities at any of hisestablishments, and that he does not permit his employees to perform theirservices at any location, under his control, where segregated facilitiesare maintained. He certifies further that he Mill not maintain or provide

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for his employ*** any segregated facilities at any of hit" establishments,and that he Mill not permit hit employees to .perform their services atany location, under his control, where segregated facilities are maintained.The Contractor agrees that a breach of this certification, is 4 Violation,of the Equal Opportunity clause in this contract. As'used in this certifi-cation, the term "segregated facilities" means" any Mai ting rooms., workareas, rest rooms and wash rooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots,drinking fountains, recreation or entertainment areas', transportation, andhousing facilities provided for employees which are segregated by explicitdirective or are in fact segregated on the basis of race, color, religion,or national origin, because of habit, local.custom, or otherwise. Hefurther agrees that (except where he has obtained identical certificationsfrom proposed subcontractors for specific time periods) .he . .will obtainidentical certifications from proposed subcontractors prior.to the award,of subcontracts exceeding $10,000 which are not exempt from the provisionsof the Equal Opportunity clauses that he will retain 'such' certificationsin his files; and that he will forward the following,notice to such pro*posed subcontractors have submitted identical certifications for specifictime periods):

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTFOR CERTIFICATION OF NON-SEGREGATED FACILITIES.

A certification of non-segregated facilities must be submitted to theaward of a subcontract exceeding 110,000 which is not exempt from theprovisions of the Equal Opportunity clause. The certification may besubmitted either for each subcontract or for all subcontracts duringa period (i.e., quarterly, semiannually, or annually).

314. CONVICT LABOR (BIAPR 14H-70.683)

In connection with the performance of work under this contract, the contrac.-tor agrees not to employ any person undergoing sentence of imprisonmentexcept as provided by Public Law 89-176, September 10, 1969 (18 U.S.C.40B2(c>(2) and Executive Order 11799, December 89, 1973.

E. SUBCONTRACTING

319 USE OF INDIAN BUSINESS CONERNS (BIAPR 14H-70.610)

(a) As used in this clause, the term "Indian Business Concern" means Indianorganizations or an Indian-owned economic enterprise as defined in 89CFR 871.8.

(b) The Contractor agrees to give preference to qualified Indian business,concerns in the awarding of any subcontracts .entered "Into "'WffoV the."contract consistent with the efficient performance' of *lfc\'contract*;The Contractor shall comply with any preference requirements regardingIndian business concerns established by the tribe(s) receiving; servicesunder the contract to the extent that ouch requirements "are not incon-sistent with th« purpose and intent of this paragraph.

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(c) If no Indian business concerns are available under the) condition inparagraph Cb above), tho Contractor agree* to accooplioh tho maximumaoount of subcontracting, as tho Contractor determines i» conoiotontnith its officiont performance of tho contract, with Mall businessconcornot labor surplus aroa concerns or minority business enterprises,

- tho definitions for which-are contained in Subparts 1-1.7, 1-1.8, and1-1.13 of tho Federal Procurement Regulation*. The Contractor U not,however, retired to Mtablieh a Mali buoinese9 labor surplus, or ,•inority business oubcontractlng prograo as in l-1.710-39b>, 1-1.803-3(b1 and 1-1.1310-2(0) respectively of the Federal Procurement Regula-tion CM CFR Part 1).

316 - MiTl-KlCKBACK. (BIAPR 1*1-70.63*)

(a) Pub. L. 86-693, September 2, 1960 (M U.S.C. 5* >-among other thinge,prohiblto the payment, directly or indirectly', by or on behalf of asubcontractor in any tier under any Government negotiated contractof any fee, gift, or gratuity to the prime Contractor or any highertier subcontractor or any officer, agent, partner or employee thereof,as In inducement or acknowledgement for the award of a subcontract ororder.

Ib) The provisions of Pub. L. 86-69S, are set forth In moro detail in1-1.380 of tho Federal Procurement Regulations (41 CFR Part 1-1) andare applicable to this contract and any subcontracts entered intounder the contract.

F. RECORDS.

317. AUDIT AND RECORDS. (BIAPR 14H-70.629)

(a) The contractor shall maintain bodies, records, documents, and otherevidence and accounting procedures and practices, sufficient to re-flect properly all direct and indirect .costs of whatever nature claimedto have been incurred and anticipated to.be incurred for the perform-ance of this contract. The foregoing constitute •records" for .thepurposes of this clause.

itCb) The Contractor's facilities, or such part thereof as may be engaged

1 . in the performance* of this contract, and his records shall be subjectat all reasonable times to* inspection and audit by the ContractingOfficer or. his authorized'- representatives. In addition, for purpose

- of verifying that cost or pricing data submitted, In conjunction withthe negotiation of this contract or any contract change or othermodification involving an amount in excess 9100,000 were accurate,complete.and current, the .Contracting Officer, or his authorized•representative, shall, until the expiration of 3 years from the dateof final, payment under this contract, or of the time periods for theparticular records specified in Part 1-20 of the Federal ProcurementRegulations (41* CFR--Part 1-20), whichever expires earlier, have theright* to examine those books, records, documents, papers, and othersupporting data which involve transactions related to this contract

• or which will permit adequate evaluation of the cost or pricing datasubmitted, along with the computations and projections used therein.

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•)

r • r<c) The Contractor shall preserve and make available his records (1)

until the expiration of 3 years fro* the date of final payment underthis contract* or of the time period for the particular records speci-fied in 41 CFR Part 1-80, whichever expires earlier, and (8) for suchlonger period, if any, as is required by applicable statute, or byother clauses of this contract, or by (c) (8) <i) or (ii) below:

 If the contract is completely or partially cancelled* the recordsrelating to the work terminated shall be preserved and madeavailable for a period of 3 years from the date of any resultingfinal settlement. "~

(ii) Records which related to (a) appeals under the "Disputes'* clauseof this contract, (b) litigation or the settlement of claimsarising out of the performance of this contract, or (c) costs andexpenses of this contract as to which exception has been taken bythe Contracting Officer or any of his duly authoriied representa-tives, shall be retained until such appeals, litigation, claims,or exceptions have been disposed of.

(d) (1) The Contractor shall insert the substance of this clause, includ-ing the whole of this, paragraph (d), in each subcontract hereunderthat is not firm-fixed price of fixed price with escalation.When so inserted, changes shall be made to designate the higher-tier subcontractor at the level involved in place of the Contrac-

• tor; to add "of the Government prime contract" after "ContractingOfficer", and to substitute "the Government prime contract" inplace of "this contract" in (b) of paragraph (c)(2)Cii) above.

316. - EXAMINATION OF RECORDS

318.1 Examination of Records

(This clause is applicable if the contract amount does not exceed *10,000(BIAPR 14H-70.606(a))

(1) The Contractor agrees to maintain books* records, documents and otherevidence pertaining to the costs and expense of this contract (here-after collectively called records) to the extent and in such detail aswill properly reflect all net costs, direct and indirect* of labor*materials, equipment, supplies and services, and other costs of whatevernature for which reimbursement is claimed under the provisions of thiscontract.

(8) The Contractor agrees to make available at the office of the Contractorat all reasonable times during a period of three years* after finalpayment under this contract all records specified in paragraph (1)above for examination and audit by designated representative of theComptroller General* the Secretary of Interior or the ContractingOfficer.

(3) The Contractor further agrees that records which relate to claims,litigation* or to any coots or expenses of this contract to whichexception has boon takon by the Comptroller General, the Secretary of

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Interior or tho Contracting Offieor or any of their duly author I todrepresentatives shall bo retained by tho Contractor until ouch appeals,litigation or exceptions havo boon disposod of.

Tho provisions of this clauso shall bo applicable to and included inany negotiated subcontract.

318.2 B1APR 14H-70.o06 ' -

This clause is applicable if the contract amount exceeds S10V000.

(1) The Contractor agrees to Maintain books, records, documents, and otherevidence pertaining to the costs and expenses of this contract (herein-after collectively called "records*I to the extent and in such detailas Mill properly reflect all net costs, direct'and indirect, of labor,•aterials, equipment, supplies and services, and other costs andexpenses of whatever nature for Nhich reimbursement is claieed underthe provisions of this contract.

(2) The Contractor agrees to make available at the office of the Contractorat all reasonable times during a period set forth in subparagraph (4)below any of the records for inspection, audit or reproduction by anyauthorized representative of the Controller General, Secretary of theInterior, and the Contracting Officer.

(3) If the Comptroller General or any of his duly authorized representa-tives determine that his audit of the amounts reimbursed under thiscontract as transportation charges will be Made at a place other thanthe office of the contractor, the Contractor agrees to deliver, withthe reimbursement voucher covering such charges or as may be otherwisespecified within two years after reimbursement of charges covered byany such voucher, to such representative as may be designated for thatpurpose through the Contracting Officer, such documentary evidence insupport of transportation costs as may be required by the ComptrollerGeneral or any of his duly authorized representatives.

C4) Except for documentary evidence delivered to the Government pursuantto subparagraph (3) above, the Contractor shall preserve and makeavailable his records!

(i) Until expiration of 3 years after final payment under thiscontract or of the time periods for the particular recordsspecified in Part 1-20 of tho Federal Procurement Regulations CMCFR Part 1-20) whichever expires earlier, and,

(ii) For such longer period, if any, as is required applicable stat-utes, by any other clause of this contract, or by (a) or (b)below:

(a) If this contract is completely or partially terminated, therecords relating to the work terminated shall be preserved andmade available for a period of throe years from the date of anyresulting settlement.

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(b) Record* which relate to* . . . . .

(i) Appeals under the Disputes Clause of this contract, or by(a) or (b) belows • • •

• •

(ii) Litigation or the settlement of cUiiis arising .out out ofthe performance of this contract; or, .

(iii) Costs and expenses of this contract to which exceptionhas been taken by the contract to which exception hasbeen taken by the Comptroller General, Secretary* of ' theInterior or the Contracting Officer* or any of their dulyauthorized representation, shall be retained by the Con-tractor until such appeals, litigation, claims or excep-tions have been disposed of. :

IS) Except for documentary evidence delivered pursuant to subparagraph w

(3) above, and the records described in subparagraph <4)(iiKb) (3) .above, the Contractor may in fulfillment of his obligation to retain " •his records as required by this clause substitute photographs, micro- 'photographs, or other authentic reproductions of such records, afterthe expiration of 8 years follotting the last days of the month ofreimbursement to. the Contractor of the invoice or voucher to whichsuch records relate, unless a shorter period is authorized by theContracting Officer with the concurrence of. the Comptroller Generalor his duly authorized representative.

(6) (a) The provisions of this paragraph Cat, including this subparagraph(6), shall be applicable to and included in each subcontracthereunder which is on a cost, cost-pius-a-fixed-fee, time andmaterial or labor-hour basis.

(b) The Contractor further agrees to include in each of his subcon-tracts hereunder, other than those set forth in paragraph (a)(6),above, a provision to the effect that the subcontractor agreesthat the Comptroller General, the Secretary of the Interior, andthe Contracting Officer, or any of their duly authorized repre-sentatives shall, until the expiration of 3 years after finalpayment under the subcontract, or of the time periods for theparticular records specified in Part 1-80 of the Federal Procure-ment Regulations CM CFR Part 1-801, whichever expires earlier,have access to and the right to examine any directly pertinentbooks, documents, papers, and records of such subcontractor, in-volving transactions related to the subcontract. The term "sub-contract", as used in this paragraph • (b! only, -excludes:

(i) Purchase orders not exceeding •10,000| and, •

(ii) Subcontracts or purchase orders for public utility- services:e.t -rates established for uniform applicability to—the Generalpublic.

319.

The Contractor Mill bo roquirod to design, dovolop or operate a systemof records,, to accomplish a.Purtau function subject ot oh Privacy Actrequirements at dofinod in 13 CFR 271.36 and BIAPR l*h-70.633.

Tho Contractor-agree*: to cooply with all tho requirements and provisionsof Subpart D of 43 CFR Part 8 which implements tho Privacy Act (3 U.S.C.338a>.

(a) Uhon a tribal contractor contractor oporatos a systoa of records toaccomplish a Buroau function, the contractor shall comply with SubpartD of 43 CFR Part 8 which implements tho Privacy Act (3 U.S.C 558a>.Examples of tho tribal contractor's responsibilities are:

CD To continue maintaining those systems of records declared by theBuroau to bo subject to tho Privacy Act as published in theFEDERAL REGISTER.

(2) To make such records available to individuals involved.

13) To disclose- an individual's record to third parties only afterreceiving permission from the individual to whom the recordpertains. 43 CFR 8.36 lists exceptions to this procedure.

(4) To establish a procedure to account foraccess, disclosures,denials, and amendments to records.

(3) To provide safeguards for the protection of the records.

(b) The tribal contractor may nots

(1) Discontinue or alter any established systems of records withoutprior approval of the appropriate Bureau systems manager.

I8> Deny request for notification or access of records without priorapproval of the] appropriate Bureau systems manager.

•(3) Approve or deny requests for amendments of records without prior

•-. •: approval, of the appropriate Bureau systems manager.

(4>••• Establish a new system of records without prior approval of theDepartment of Interior and the Office of Management and Budget.

(3) Collect information about an individual unless it is relevant ornecessary to accomplish a purpose of the Bureau as required bystatute or Executive Order.

•(c) The- tribal contractor is subject to the penalties provided in

section Ci) of 3 U.S.C. 338a.

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r • • r . •G. - H1SCELLANEOUS PROVISIONS

380. EFFECT ON EXISTING RIGHTS. (BIAPR I4H-70.604)

(a) Nothing in this contract shall be construed as—

(1) Affecting, Modifying, diminishing, or otherwise impairing thesovereign immunity from suit enjoyed by an Indian tribe; or,

(8) Authorizing or requiring the termination of any existing trustresponsibility of the United States with respect.to the Indianpeople.

. •381. - INSURANCE. (BIAPR I4H-70.6I1)

(a) The Contractor shall secure, pay premiums for, and keep in forceuntil the expiration of this contract or any renewal period thereof,insurance as provided below. - Such insurance policies shall specific-ally include a provision stating the liability assumed by the Contrac-tor under this contract.

• I1 (1) Workman** compensation insurance, as required by laws of thevarious states in which the contract is performed.

. (8) Owner's, landlord's and tenant's bodily injury liability insurancewith limits of not less than'$50,000 for each person and $500,000for each accident.

(3) Property damage liability insurance with limits of not less than$85,00 for each accident.

(4) Automobile bodily injury liability insurance with limits onpersonal injury liability of not less than $50,000 for each personand $500,000 for each accident, and automobile property damageliability insurance with a limit of not less than $5,000 for eachaccident.

(5) Food products liability insurance with limits of not less than$50,000 for each person and $500,000 for each accident.

(6) Other insurance not specifically mentioned when required by lawor other regulations.

Cb) Each policy of insurance shall contain an endorsement providing thatcancellation by the insurance company shall not be effective unless acopy of the cancellation is mailed (registered) to the ContractingOfficer at least 30 days before the effective date of cancellation.

Cc> A certificate of each policy of insurance, and any changes therein,•hall be furnished to the Contracting Officer immediately upon receiptfrom the insurance Company.

81

•

Id) Insurance companies of the Contractor Mitt bo satisfactory to thoContracting Officor. Uhon in his opinion an insurant* company is notsatisfactory for roasons statod in writing, tho Contractor shall provido insurance through coapanios which ho deems satisfactory.

<e> Each policy'of insurants shall contain a provision that tho insurancecarrier Halves any rights which it may have to raise as a defense thetribe's sovereign immunity free, suit, but such waiver shall extend onlyto dales the amount and nature of which are within the coverage andl.ielts of the policy of insurance. The policy shall contain no pro-vision, either express or. implied, that Mill serve to authorize or••power, the insurance carrier to waive or otherwise Unit the tribe'ssovereign immunity outside or beyond tho coverage and limits of thepolicy of insurance*

322 - GOVERNMENT FURNISHED PROPERTY- CBIAPR UH-70.AU)

(a) The Government will deliver to the contractor tho property describedin the Schedule and may, at its option, furnish other supplies orequipment as it may from time to tine deem necessary or desirable foruse in performing tho work under this contract. All property furnishedby the Government, together*with all property acquired or furnished bythe Contractor with contract funds, title to which vests in the Govern-ment under this article, is subject to the provisions of this clauseand is hereinafter collectively referred to as "Government property."

(b) The title of each item of equipment purchased with funds made availableunder this contract, the cost of which is reimbursable to the Contrac-tor under the contract, shall pass to and vest in the Government upont

(1) Issuance for use of such property and in the performance of thiscontract; or,

• (8) Commencement of processing or use of such property an the perform-ance of this contract; or, ;

•C3) Reimbursement of the cost thereof by the Government, whichever

first occurs. A simple record listing all items of equipmentpurchased with funds made available under this contract showingsuch property by names, manufacturers, serial number (if any), andthe cost of tho equipment, will be furnished to the ContractingOfficer by the Contractor. Each item of Government property shallbe given an identification number, be subject to accountability,and become a part of the Bureau's property inventory, all asprovided by the Bureau Manual.

(c) Title to Government property shall remain in the Government and shallbe unaffected by the incorporation or attachment thereof to anyproperty not owned by the Government, nor shall Government property orany part thereof be or become, a fixture or lose its identity aspersonal property by reason of affixation to any realty. Except asotherwise specifically provided in this contract, the Contractor:

22

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r

<1) Shall not pledge, assign, or transfer title to any Governmentproperty; nor to allow or suffer anything to be. done, whereby, anyGovernment property nay be seized, taken in execution, .attached,destroyed, or injured, and,

: t - - fc

(2) Shall not remove or otherwise part with possession of, or permitthe use by others of, any Government property.

(d) The Contractor shall Maintain'and administer, in accordance with sound .industrial practice, a program for the maintenance, repair, protectionand preservation of Government property.

(e) Except as may be otherwise provided for herein, Government property•hall be used only for the performance of this contract unless written .permission is granted by the Contracting Officer*

•• • " * *

Cf) Upon completion or termination of the contract, the Contractor shallmake such disposition of Government property then in his possessionor custody as the Contracting Officer shall direct. '

<g) The Contractor shall be responsible for the care and safekeping ofGovernment property, and for the rturn or delivery.of the same in theconditions in which received or .appropriated for the contract, exceptfor reasonable wear and tear, and except to the extent such propertyis consumed in the performance of this contract.

323. RIGHTS IN DATA CBIAPR 14H-70.636)

<a) Subject Data. As used in this clause, the term "subject Data" meanswritings, sound recordings, pictorial reproductions, drawings, designsor other graphic representations, procedural manuals, forms, diagrams,workflow charts, equipment descriptions, data files, and data process-ing or computer programs, and words of any similar nature(whether ornot copyrighted or copyright able) which are .specified to be deliveredunder this contract. The term does not include financial reports,cost analyses, and similar information incidental to contract admin-istration.

 Government Rights. Subject only to the provision of <c> below theGovernment may use, duplicate or disclose for Government purposes, allsubject data delivered under this contract.

<c) License to Copyrighted Data. In addition to the Government rights asprovided in (b) above, with respect to any Subject Data which may becopyrighted the Contractor agrees to and does hereby grant to theGovernment a royalty-free, non-exclusive And irrevocable license touse pr duplicate much data for government muroaaesi Provide . Thatsuch license shall be only to the extent that the iConjkractor .no*, has,or prior to completion of final settlement of this contract may Acquire,the right to grant ouch license without becoming liable to pay compen-sation to others solely because of ouch grant. '

Cd) Relation to Patents. Nothing contained in this clause shall imply alicense to the Government under any patent or be construed as affect-

83

ing the scope of any license or othor right otherwise granted to thoGovernment under any patent*

Co) Hmrkina and Identification, Tho Contractor shall mark all Sub joe tData with tho number of this contract and tho naoo and address of thoContractor or tubcontractor Mho gonorattd tho data. Tho Contractor•hall not affiii any restrictive marking* upon any Subjoct Data, andif ouch markings aro affixed, tho Government shall havo tho right atany tie* to Modify, remove, obliterate, or ignore any such Barking*.

(f) Subcontractor Data. Whenever any Subjoct Data is to bo obtained fro*a oubcontractor under this contract, tho Contractor shall use this sameclause in that subcontract, without alteration, and no other clauseshall bo used to enlarge or diminish the Government's rights in thatsubcontract Subject Data.

Cg) Deferred Ordering and Delivery of Data. The Government shall have theright to order, at any tiee during the performance of this contract,or within 2 years fro* either acceptance of all items (other thandata) to be delivered under this contract or termination of thiscontract, whichever is later, any Subject Data and any data not calledfor in the schedule of this contract but generated in performance ofthe contract, and the Contractor shall promptly prepare and deliversuch data as is ordered. If the principal investigator is no longerassociated with the Contractor, the Contractor shall exercise its bestefforts to prepare and deliver such data as is ordered. The Govern-ment's right to use data delivered pursuant to this paragraph (g)shall be the same as the rights in Subject Data as provided in (b)above. The Contractor shall be relieved of the obligation to furnishdata pertaining to an item obtained from a subcontractor upon theexpiration of 2 years from the date he accepts such items. When data,other than Subject Data, is delivered pursuant to this paragraph (g),payment shal.l be made, by equitable adjustment or otherwise, for con-verting the data into the prescribed form, reproducing it or preparingit for delivery.

38*.•'- ASSIGNMENT OF CLAIMS. (BIAPR 1W-70.62?)

Pursuant to the provisions of the Assignment of Claims Act of 1940, as.amended (31 U.S.C. 203, 41 U.S.C. 19), if this contract provides for pay-*ments aggregating SI,000 or more, claims for moneys due or to become duethe Contractor from the Government under this contract may be assigned to abank, trust company, or other financing institution, including any Federallending agency, and may thereafter be further assigned and reassigned to anysuch institution. Any such assignment shall cover all amounts payableunder this contract and not already paid, and shall not be made to morethan one party, except that any such assignment or reassignment may be madeto one party as agent or trustees for two or more parties participating insuch financing..

325 - OFFICIALS MOT TO BENEFIT. (B1APR 14H-70.619)

No members of Congress, or Resident commissioner, shall be admitted to anyshare or part of this contract, or to any benefit that may arise therefrom;

24

r • rbut this provision shall not be construed to extend to this contract ifmade with a corporation for its general benefit.

386 - PRINTING. (BIAPR 14H-70.637)

Unless otherwise specified in this contract, the Contractor shall not en-gage in, nor subcontract for, any printing (as {hat term is defined in•Title I of the Government Printing and Binding Regulations in effect on theeffective date of this contract) in connection with the performance of workunder this contracts Provided, however, that performance of a requirementunder this contract involving the reproduction of lust than 5,000 productionunits of any one page or less than 85,000 production units in the aggregateof multiple pages, will not be deemed to be printing, a production unit isdefined as one sheet, size 8 x 10 1/8 inches, one side only, one color.

387. - PENALTIES. (BIAPR 14H-70.607)

(a) Any officer, director, agent, employee or such other person connectedin any capacity with this contract or any subcontract thereunder thatembezzles, willfully misapplies, steals or obtains by fraud any of themoney, funds, assets or property provided through the contract shallbe fined not more than f10,000 or imprisoned for not more than twoyears, or both* Provided, that if the amount embezzled, misapplied,stolen, or obtained by fraud does not exceed tlOO, such person shallbe fined not more than SI 000 or imprisoned not more than one year, orboth.

(b) The subcontractor agrees to insert this clause in all subcontracts.

H. CONTRACT ADMINISTRATION

388. - CHANGES. (BIAPR 14H-70.680UM

(This clause is applicable unless this is a construction contract)

This contract may be modified or amended on the written request of theContractor to the contracting Officer; or when recommended by the Contract-ing Officer and with the consent of the Contractor. When the ContractingOfficer recommends declination of a Contractor's request to amend thecontract, the matter shall be resolved as prescribed in 85 CFR 871.63,871.64 and 871.65.

389 - DISPUTES. (BIAPR 14H-70.61B)

(a) Except as otherwise provided in this contract, any dispute concerninga question of fact arising under this contract which is not disposedof by agreement shall bo decided by the Contracting Officer, who shallreduce his decision to writing and mall or otherwise furnish a copythereof to the Contractor. The decision of the Contracting Officershall bo final and conclusive unless within thirty (301 days from thedato of receipt of such copy, the Contractor Mils or otherwise

furnishes to the Contracting Officor a writ ton oppool addressed tothe Secretary. Tho doc it ion of tho Secretary or his duly author izodrepresentatives for tho determination of ouch, appeals shall bo finaland conclusive unless determined by a court of coopotont jurisdictionto have boon fraudulent* or capricious, or arbitrary or to grosslyerroneous as necessarily to ioply bad faith* or not supported bysubstantial evidence* In connection with -any appeal proceeding underthis clause, the Contractor shall bo afforded an opportunity to behoard and to of for evidence In support of him apptal. Ponding finaldecision of a dispute hereurider, the Contractor shall proceed diligentlywith tho performance of tho contract and in accordance with the Con-tracting Officer's decision.

(b) This •Disputes" clause does not preclude consideration of law questionsin connection with decisions provided for in paragraph <a> above.However, nothing in this contract shall be construed as oak ing finalthe decision of any administrative official* representative, or boardon a question of law.

330. - PAYMENT OP INTEREST CM CONTRACTOR'S CLAIMS- CBIAPR 14H-70.62B)

CaV If an appeal is filed by the Contractor from a final decision of thecontracting Officer under the disputes clauses of this contract, deny-ing a claim arising under the contract, simple interest on the amountof tho claim finally determined owed by the Government shall be payableto the contractor. Such interest shall be at the rate determined bythe Secretary of the Treasury pursuant to Public Law 92-41, 85 Stat.97, from the date the Contractor furnishes to the contracting Officerhis written appeal under the disputes clause of this contract, to thedate of U) a final judgment by a court of competent jurisdiction, or(8) mailing to the Contractor of a supplemental agreement for executioneither confirming completed negotiations between the parties or carry-ing out a decision of a board of contract appeals.

(b) Notwithstanding (a) above, (1) interest shall be applied only from thedate payment was due, if such date is later than the filing of appeal,and IS) interest shall not be paid for any period of time that theContracting Officer determines the Contractor has unduly delayed in

; pursuing his remedies before a board of contract appeals or a court ofcompetent jurisdiction.

I. RETROCESSION. REASSUKTIOM AMD CANCELLATION

331. RETROCESSION. (B1APR 14H-70.605)

The Contractor agrees to comply with the procedures and requirementsin 85 CFR 871.71 and 871.78 in tho event of retrocession.

332. REASSUHPTION OF PROGRAMS. CBIAPR l*h-70.616>

The Contractor agrees to comply with the procedures and requirementsgiven in 85 CFR 871.74 in tho event of reassumption.

26

c •• • c333. CANCELLATION FOR CAUSE. (BIAPR 14H-70.63Q)

•« •This contract My be cancelled for cause under ;the conditions, and inaccordance with the procedures aft set forth, in 25 CFR 371.75.

J.

33<». CONTRACT FUNDING AND ROgfiOTlATION. (B1APR 14H-70.613)"'"

(This clause ift applicable under the conditions set forth'fn 25 CFR271.51 Mhen the contract has a term of more than one year)

(a) Funds other than those appropriated during the fiscal year inwhich the contract t commenced, that are included in thecontract amount are subject to the availability of appropria-tions fro* Congress and there shall be legal liability on thepart of the Government in regard to such funds unless anduntil they are appropriated. Funds appropriated .during thefiscal year in which the contact commenced that are includedin the contract amount but not expended at the end of suchfiscal year may be carried over and used for contract purposesin the succeeding fiscal year of the contract's operation, *» •when the contract funds were appropriated pursuant to the the •'Act of November 2, 1921 (42 Stat. 206), except as otherwisespecifically provided in appropriation acts, or may be used to .provide additional services upon Modification of the ' contractto include such services therein.

(b) Each succeeding year of the contract Maybe renegotiated priorto the end of the then current fiscal year in order to reflectchanges that have taken place beyond the control of the Con-tractor since the contract was originally negotiated or re-negotiated as is applicable.

335. - BID GUARANTEE AMD BONDS. (BIAPR 14H-70.681)*

(This clause is applicable, in accordance with 41 CFR 1-10.103, 1-10..104 -Ha) and 1-10.104-Kb) if this is a construct ion'contract andit is estimated that the contract amount shall exceed *2,000)

(a) The contractor shall require a bid guarantee from all (sub) Con-tractors who submit bids (proposals) for performing work underthe contract in accordance with the policy set forth in1-10.103.1 of the Federal Procurement Regulations 141 CFR Part1). When the bid guarantee is in the fora of a bid bond, it•ay be submitted on other than the Standard Government formsProvided, that the bond binds the Principal and the Surety(ies)in the same manner as they would be bound had the bid (proposal)been submitted to the Government.

(b) The Contractor shall require the successful bidder "(offerer I tofurnish performance and payment bonds in the amounts set forthin the Miller Act (40 U.S.C. 270a-270e) and in accordance withthe policies in 1-10.104 and 1-10.105 of the Federal ProcurementRegulations (41 CFR 1) as a condition precedent to the award of

27

the (tub) contract. The bonds My bo submitted on other thanthe standard Government Forat Provided, that tho fora usedbinds tho Principal and tho Surety<ies> in tho MM Mnnor thatthoy Mould bo bound Moro tho (oub> contract with tho

PHICINB PATH, CB1APR 14H-70.63Z)

CThis clause is applicable to subcontracts of the typo and sitedescribed in tho clause)

(a) Tho Contractor shall require subcontractors hereunder to submit inwriting cost or'pricing data under tho following circumstancesi

(1) Prior to award of any cost-reimbursed type, tiae and aaterial,labor-hour* incentive, or price rede terminable subcontract thoprice of which is expected to exceed t!00,000 and,

(2) Prior to tho award of any other subcontract, the price ofwhich is expected to exceed S100,000, or to tho pricing ofany sub contract change or other modification for which theprice adjustaent is expected to exceed M00,000, where theprice or prico adjustaent is not based on adequate pricecompetition, established catalog or aarket prices of commercialiteas sold in substantial quantities to the general public,or prices set by law or regulation.

(b) The Contractor shall require subcontractors to certify, in substan-tially the saae fora as that used in the certificate by the PrimeContractor to the Government, that, to the best of their knowledgeand belief, the cost and pricing data submitted under (a) aboveare accurate, complete, and current as of the date of agreement onthe negotiated price of the subcontract change or modification.

(c) The Contractor shall insert the substance of this clause including .* this paragraph (c) in each of his cost-reimbursement type, tiae andaaterial, labor-hour,price rede terminable, or incentive subcontractshereunder, and in any other subcontract herebnder which exceed*100,000 unless tho price thereof is based on adequate price competi-tion, established catalog or aarket prices of coaaercial iteas soldin substantial quantities to the general public, or prices set bylaw or regulation. In each such excepted subcontract hereunderwhich exceeds f100,000, the Contractor shall insert the substanceof the following clausot

Price Adjustments.

(a) Paragraphs (b) and (c) of this clause shall become operative onlywith respect to any change or other modification made pursuant toone or .more provisions of this contract which involves a priceadjustment in excess of t!00,000. the requirements of this clauseshall bo liaited to such price adjustments.

(b) Tho Contractor shall require subcontractors hereunder to submitcost or pricing data under tho following circumstances!

88

J

r • r(1) Prior to award of any cost-reimbursement type, tine and -

material, labor-hour, incentive, or price redeterminable sub-contract, the price of which is expected to exceed $100,000and—

<2) Price to award of any other subcontract, the price of which isexpected to exceed $100,000 or to the pricing of any subcon-tract change or other modification for which the priceadjustment is expected to* exceed $100,000, where the price orprice adjustment is not based on adequate price competition,established catalog or market prices *f commercial items soldin substantial quantities to the general public, or prices setby law or regulation. . . - ' . "

(c) The Contractor shall require subcontractors ,to certify, in substan-tially the same form as that used in the Certificate by the PrimeContractor to the Government, that* to the best of their knowledgeand belief, the cost and pricing data submitted under Cb) above areaccurate, complete, and current as of the date of the execution,which date shall be a close as possible to the date of agreement onthe negotiated price of the contract modification.

(d) The Contractor shall insert the substance of this clause includingthis paragraph <d) in each subcontract hereunder which exceeds$100,000.

K. LABOR STANDARDS

337. CONTRACT UDRKHOURS AMD SAFETY STANDARDS ACT — OVERTIME COMPENSATIONCBIAPR 14H-70.630)

This contract is subject to the Contract Work Hours and SafetyStandards Act and to the applicable rules, regulations, and theinterpretations of the Secretary of Labor.

(a) Overtime Requirements. No Contractor or subcontractor contractingfor any part of the contract work which may require or involve the

employment of laborers or mechanics shall require or permit anylaborer or mechanic in excess of might hours in any calendar dayor in excess of forty hours in such work-week on work subject tothe provisions of the Contract Work Hours Standards Act unlesssuch laborer or mechanic receives compensation at a rate not lessthan one and one-half times his basic rate of pay for all suchhours worked in excess of eight hours in any calendar day or inexcess of forty hours in such workweek, whichever is the greaternumber of overtime hours.

Cb) Violation- Liability for unpaid waoes. liouidated damages. In the•vent of any violation of the provisions of paragraph (a), theContractor and any subcontractor responsible therefore shall beliable to any affected employee for his unpaid wages. In addition,much Contractor and subcontractor shall bo liable to the UnitedStates for liquidated damage*. Such liquidated damages shall bo

computed with rMptct to each individual laborer or mechanicemployed in violation of tho provisions of paragraph (a) in thoMM of »10 for each calendar day on which such employee wasrequired or permitted to be employed on such work in excess ofeight hours or in excess of the standard workweek of forty hourswithout payment of the overtiee wages required by paragraph (a).

Cc> Uithpldina for Unpaid Uaaes and Liquidated Damaaes. The Contract-ing Officer may withhold free, the Government Prime Contractor,fro* any Moneys payable on account for work performed by theContractor or subcontractor* such suns as may administratively bedetermined to be necessary to satisfy any liabilities of suchContractor or subcontractor for unpaid wages and liquidateddamages as provided in the provision of paragraph (b).

m

(d) Subcontract*. The Contractor shall insert paragraph Ca) through<d> of this section in all subcontracts, and shall require theirinclusion in all subcontracts of any tier.

(e) Records. The Contractor shall maintain payroll records containingthe information specified in 89 CFR 5la.2Ca>. Such records shallbe preserved for three years from the completion of the contract.

338.1 Term* of Contract (25 CFR 271.55)

(a) The terms of contract under this part shall not exceed one (1) yearexcept that contracts may be made for a longer term up to three (3)years, subject to availability of funds under the following circum-stances*

(1) The services provided under the -contract can reasonably beexpected to be continuing in nature and, as a result, a longercontract term would be advantageous.

(2) The Indian tribe(s) to be served by the contract request thatthe term be more than one year. The tribal organization will

> ' indicate the desired term of the contract on the application' form. When the Indian tribe(s) provided in 25 CFR 271.18,

that will also be deemed a request for the longer termindicated in the application.

(b) Contracts made for a term of more than one year may be renegotiatedannually to reflect factors, including, but not limited to, costincreases beyond the control of the tribal contractor. Proposedchanges in the services provided under the contract which reflectchanges in program emphasis may be considered during the annualrenegotiatio- if the changes fall within the general scope of thecontract. Such changes may be initiated by either the tribalcontractor of the Bureau but must be agreed to by both.

30

r • c339.1 Availability of Fund* (« CFR g7t.5» and 81 APR l»h-70)

No legal liability on the part of the Government for payment of any•toney shall arise unless and until funds *r* availabU to theContraction Officer and given to tht Contractor

Funding for direct and indirect costs of this contract art subject torevision, increase or decrease, upon receipt of actual Congressionalappropriations and the allocation of these funds to the BJA Area' Office by the Washington Office.

31

SECTION J LIST OF ATTACHMENTS

ATTACHMENT A - TRIBAL RESOLUTION TO CONTRACT - J.I-2

*ATTACHMENT B - ORGANIZATIONAL CHART - J.3

ATTACHMENT C - INDIRECT COST NEGOTIATION AGREEMENT - J.4-8

ATTACHMENT D - POSITION DESCRIPTIONS ' - J.9-24

ATTACHMENT E 0 INVENTORY (PROPERTY) - J. 23-27

MISSISSIPPI BAND OF CHOCTAV INDIANS

RESOLUTION CHO 118-90

A RESOLUTION TO ENTER INTO A MATURE CONTRACT WITH THE BUREAU OF INDIANAFFAIRS FOR CERTAIN NON-EDUCATIONAL PROGRAMS

• • *WHEREAS, the Self-Determination Act Amendments provide for tribes' entering into"mature" contracts with the Bureau of Indian Affairs for programs which have beenoperated by the tribe for three years and on which there have not beensubstantial audit exceptions, and

WHEREAS, mature contracts will have no termination dates per 50, and willconclude only when acted upon by the Bureau or th'e Tribal Council, and

WHEREAS, the Self-De termination Amendments provide further that programs can becombined into mature contracts consisting of multiple programs, and

WHEREAS, this Resolution has been reviewed and approved by the Committee nEconomic Development of the Tribal Council, now therefore be it .

RESOLVED, that the Tribal Council does hereby authorize the Chief and SecretaryTreasurer to apply for, negotiate and sign a mature contract, commencing October1, 1990, for the following Bureau of Indian Affairs programs:

CourtOther Aid to Tribal GovernmentSocial Services (Administration and Grants)Law EnforcementCredit and FinancingAgricultureAgricultural Extension ServicesForestryOther Real Estate Services

CERTIFICATION

I, the undersigned, as Secretary-Treasurer of the Mississippi Band of ChoctawIndians, certify that the Tribal Council of said Band is composed of 16 members,of whoa 16, constituting a quorum, were present at a special meeting thereof,duly called, noticed, convened, and held this 21st day of June, 1990; and thatthe foregoing Resolution was duly adopted by a vote of 16 members in favor, 0opposed, and 0 abstaining.

Dated this 21st day of June, 1990.

J.I

Ktsolution CHO 118-90Pigt 2

Chief

RECOMMENDED:

Secretary-Treasurer

Superintendent, Choctaw Agency ate

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E-IP-EA-BZA-229-88

United States Department of the InteriorOFFICE OF INSPECTOR GENERAL

EASTERN REGION100 N. Qt'INCY ST., ROOM 401

ARLINGTON, VIRGINIA 22217

Hr. Phillip Martin CCD i rTribal Chief rtB I 5Mississippi Band of Choctav IndiansTribal Office BuildingRouta 7, Box 21Philadelphia, Mississippi 39350

Dear Mr. Martin:90

Enclosed are an original and a copy of the Indirect Cost NegotiationAgreeaent with original signatures. The agreement provides indirect costrates for the period October 1, 1985 through September 30, 1986, and fromOctober 1, 1987 through September 30, 1989.

In order to facilitate the review process, please submit the followinginformation with your next proposal:

1. Certification by a responsible official that the proposal has beenprepared in accordance with Office of Management and Budget CircularA-87. An example of this certification is shown in Guide OASC-10, whichstate and local government agencies use to develop indirect costproposals. The Guide is published by the U.S. Department of Health andHuman Services.

2. A listing of administered grants and contracts by Federal agency, toinclude total expenditures for each grant and contract and any indirectcost recovery limitations applicable to each* If more than one rate isproposed, a separate listing should be prepared for each rate.

3. The proposed year's costs based on financial statements or financialdata (such as budgets). Proposed final rates must be based onaudited financial statements for the years to be finalized.

J.4

4. An organizational chart of the agency for the proposed period, toinclude functional statements of the duties and responsibilities of allunits of the agency.

Copies of the agreement are being distributed to the organizations listedbelow.

Sincerely,'

Robert J /WilliamsRegional Audit Manager

Enclosures:

cc: U.S. Department of Health and Human ServicesU.S. Department of the Interior* Bureau of Indian Affairs

J.5

E-IP-EA-BIA-229-88Page 1 of 3

TRIBAL ORGANIZATIONINDIRECT COST NEGOTIATION AGREEMENT

ORGANIZATION; DATE: FEE I 5 BB9••^^•^M^M^MHH^^^M^MB ^^^ • ^^ O^S^^§7

Mississippi Band of Choctav Indians FILING REFERENCE: This agreementTribal Office Building replaces the Negotiation AgreementRoute 7, P.O. Box 21 dattd August 22. 1986.Philadelphia. Mississippi 39350

The indirect cost rate(s) contained herein is for use on grants and contractswith the Federal Government to which the Office of Management and BudgetCircular A-87 applies, subject to the limitations in Section II A of thisagreement. The rate(s) vas negotiated by the U.S. Department of theInterior. Office of Inspector General (Eastern Region), and the subject*organisation in accordance with the authority contained in Attachment A.*Section J.6, of the Circular.

SECTION It RATES

Effective Period Rate* Type Applicable to

10/1/85 to 9/30/86 23.62 Final Follow-Throughand Billingual Programs

10/1/85 to 9/30/86 29.3* Final All Programs

10/1/87 to 9/30/89 29.OX Provisional All Programs

* Base: Total direct costs. less equipment, major sub-contracts, themedical care contract, alterations and renovations, stipends andscholarships, and grants for welfare assistance payments and food.

Treatment of fringe benefits: Fringe benefits applicable to direct salariesand wages are treated as direct costs; fringe benefits applicable to indirectsalaries and wages are treated as indirect costs.

SECTION II; GENERAL

A. LIMITATIONS: Use of the rate(s) contained in this agreement is subjectto any applicable statutory limitations. Acceptance of the rate(s)agreed to herein in predicated upon three conditionss (1) no costsether than those incurred by the subject organisation were included inits indirect cost rate proposal and that such costs are its legalobligations. (2) the same costs that have been treated as indirect costshave not been claimed as direct costs, and (3) similar types of costshave been accorded consistent treatment.

J.6

E-IF-EA-BIA-229-88Ptgt 2 of 3

B. AUDITt Adjustment* to amounts resulting from audit of the costallocation plan or indirect cost ratt proposal upon which tha negoti-ation of this agreement was basad will ba eoapansatad for in a subse-quant nagotiation.

C. CHANCES: If a fixed carry-forward or predetermined rata(s) is eontainadin this agreement, it is basad on tha subjaet organization's structureand tha accounting system in affact at tha time tha proposal wassubmitted. Organizational and accounting changas which affact tha amountof raimbursaoant resulting from usa of 'tha ratas in this agraaaantraquira tha prior approval of tha responsible nagotiation agency.Failure to obtain such approval nay result in subsequent auditdisallowances.

D. FIXED CARRY-FORWARD RATZ(S): fixad carry-forward ratas contained in this,agraaaant. if any. are basad on an estimate of tha costs which will Siincurred during the period for which tha ratas apply. When tha actualcosts for such period have bean determined, an adjustment will be made tocoapensata for tha difference between tha costs used to establish thafixed rate and tha actual costs.

E. AGENCY NOTIFICATION: Copies of this document aay ba provided to otherFederal offices as a means of notifying thea of the agreement containedherein.

F. SPECIAL XEXAXKS:

1. Federal prograas currently reimbursing indirect costs to the .subjectorganization by means other than tha rate(s) cited in this agreementshould ba credited for such costs and the applicable rate(s) citedherein should be applied to the appropriate base to identify theproper amount of indirect costs allocabla to tha program.

2. Contracts and grants providing for a ceiling on the indirect costrata(s) or amounts which are indicated in Section F.I. will basubject to tha ceilings stipulated in tha contract or grant

. agreements. In the event tha ceiling rate applied is higher than thenegotiated rate(s), tha negotiated rata(s) will be used to determinetha maximum allowable indirect cost.

3. Approval of an indirect cost rate does not mean that tha subjectorganization can recover acre than the actual cost of a particularprograa or activity. Costs treated and claimed as direct costs of aprograa or activity cannot also ba treated and claimed as indirectcosts. For example, supplies can ba charged directly to a programor activity aa long as these costs ara not part of tha suppliesincluded in the pool for central administration.

4. Frograas received by tha subject organization or initiated subse-quent to the negotiation of this agreeaent ara subject to theapproved indirect cost rata(s). if the programs receiveadministrative support froa tha indirect cost pool. It should benoted that this aay result in an adjustment to a future rate.

J.7

E-XF-CA-BIA-229-88Page 3 of 3

SECTION III; ACCEPTANCE

Listed below are signatures of acceptance of this agreement:

By th« Tribal Organization

JLJ L. i K/AivAJLa

Phillip MartinTyped N4

Tribal ChiafTitle

February 10. 1989Date

By the Responsible Agency for thefederal Government

J (JjUt* /s/

J. "1111 SIMTyped Naae

Retional Audit ManagerTitle

Office of Inspector General •U.S. Department of the InteriorAgency

Date

Negotiated by C. M. BeckTelephone (703) 235-8133

J.8

T .

SSISSIPPI HAND OF CHCCTAW INDIANS

TKIHAL OFFICE ISUILDINGKOtlTE 7, HOX 21

PHILADELPHIA. MISSISSIPPI 3935OTELEPHONE «5O11 656-5251

JOB AI.!NOU::CEME::T iUs-oo-oo

Job Title:

Supervisor:

Salary:

Opening Date:

Closing Date:

Employment Date:

Type Employment:

Police Captain /Director, Depc. of Lav Enforccr.enc

Tribal Cnief

Negotiable

December 13, 1984

Deceaber 27, 1984 OR UXTIL FILLED

January I, T985

Regular Full Tine, under the discretion of theChief (in accordance with Section III, H; Page6 of the current Personnel Policies)

Scope of Service and Effect:

The Police Captain serves as the chief Law Enforcement Officer on theMississippi Choc taw reservation, and is responsible for all law enforcementand correctional activities within the exterior boundaries of thereservation and on federal school lands. Tne Police Captain, afterdesignation, will also serve as a federal law enforceaent officerresponsible for the enforceaent of applicable federal law on thereservation and at federal facilities.

The Police Captain/Director of the newly-formed Dapt. of LawEnforcement will be responsible for the overall reorganization andinterfacing of a formerly federal agency (BIA) law enforcencnt*program witha tribal security force while sinultanepusly maintaining and in provingexisting levels of law enforcement and police protection. The PoliceCaptain will be working in the bi-lingual setting of a multi-ethnic areapopulation and principally within a reservation jurisdiction subject tovarious federal, tribal, and state law enforcements. The candidateselected should demonstrate a wide range of versatility, adaptability,enthusiasm, and creativity* as both an administrator and a technical lawenforcement professional and will be expected to frequently utilize thesetraits in the performance of duties and assignments.

Responsibilities:

* c

Job AnnouncementPolice CaptainPage 2

The responsibilities of the Police Captain are:

*. To advise and assist the Chief on natters relating to LawLi for cement

2. To supervise the work of all other police and detention personnel, aswell as the tribal security force

3. To conduct investigations of reported violations of tribal law orfederal law and regulation

4. To make arrests and to assist in the preparation and presentation ofcases subaitted for prosecution

5. To maintain a cooperative relationship with the United StatesAttorney, agents of the FBI, and state and local law enforcement agencies

•

Duties:

The duties of the Police Captain include:

1. Instructing the tribal police in rules of evidence, court procedure,public relations* laws of arrest, critainal investigations, traffic laws,and federal and tribal law

2. Giving or obtaining proper instruction in the use of firearms andfirst aid training

3. Keeping informed of the efficiency of the police in the discharge oftheir duties, subjecting then to regular inspection, and keeping a strictaccounting of the equipaent issued then in connection with their officialduties

4. Investigating all reports and charges of misconduct on the part ofpolice officers, and exercising such disciplinary measures as areconsistent with the regulations

5. Working cooperatively with the tribal Prosecutor in the presentationof evidence

6. Assuring that the Adult Corrections Center complies with therequirements of 25 CFR 11.306 and 68 DIA Manual 7.11

7. Maintaining good public relations for the tribal police throughpublic meetings and presentations at schools, club meetings,"and the like

j. 10

• . . - . . ..... .— ~.~~f I.. .J • « .iitmj-ff*~r-*~ • • ». • i i •. 1 r: __ .... . „ . ...... -... .—^m— .- i*..- v •""»••«*""•:*• *.•.*•»•• - *»**A' •'m**zx*~i7ii*ti'"nm *"..*'>'*ii*'.'?i?.*«.r *^?y*» *.

Job AnnouncementPolice Captain/ Director, Dept. of Law EnforcementPage 3

8. Assisting in conducting investigations of violations of state law,and taking action against offenders in cooperation with state and localoffficials in the prevention of crimes

9. Conduct ins and supervising coaplete investigations involvingviolations of the Federal Indian Liquor Law, narcotics laws, and the Wmajor crises, as well as violations under the Assiniiative Crimes Actapplicable where non-Indians or their property i's involved, and otherapplicable federal statutes, as well as the Choc taw Tribal Code -

TO. Assuring that all reporting requirements, not only of the Bureau ofIndian Affairs, but of other federal and state law-enforcement-relatedagencies as well, are complied with

T1. Other duties as assigned by the Tribal Chief

Work Environment:

The Police Captain has an office at the Adult Corrections Center inthe Pearl River community.

Riysical Demands:

Subject to call 24 hours per day, seven days per week. Performanceof duties requires work at irregular hours, involves personal risks andexposure

Qualifications:

The minimum qualifications of the Police Captain are:«*

I. Proficiency in the use of firearms

'-2. Successful graduation from, or willingness to enroll in affa graduatefrom within one year, the Executive Management Course of Training conductedat the Indian Police Academy or a similar course substantially meeting orexceeing the level of training provided by the Indian Police Academy.Failure to graduate within one year will result in dismissal or demotion

3. AA Degree from an accredited college.

4. Able to become familiar with Federal Indian's Law within a shortperiod of time following employment.

. I

Job AnnouncementPolice CaptainPage 4

5. At least five years' experience in law enforcement

6. The ability to administer a large program with numerous legalrequirements, including a large volume of paperwork

»7. Preferential treatment will be extended to qualified Indianapplicants

8. Possess reliable transportation, valid driver's license, andinsurance

9. Must be available for employment 01/01/8510. Muse possess supervisory abilities and be able to administer a

project with a large amount of paperwork.If interested, contact:

Donna Risher, Personnel: -OfficerMississippi Band of Choctaw IndiansRoute 7, Box 21Philadelphia, MS 39350(601) 656-5251, Ext. 129

J.12

MISSISSIPPI BAND OF CHOCTAW INDIANS

TRIBAL OFFICE BUILDINGROUTE 7, BOX 21

PHILADELPHIA. MISSISSIPPI 3P35OTELEPHONE «3O1) 656-5251

JOB ANNOUNCEMENT 018-00-46

Job Tide:

Salary:

Opening Dace:

Closing Dace:

Supervisor:

Deputy Direccor, Law Enforcement

Negotiable

January 10, 1986

Noon, January 21, 1986 OR UNTIL FILLED

Direccor of Law Enforcement


The Deputy Direccor is responsible for the day-to-day functioning ofChe s t a f f of Che Choctaw Department of Law Enforcement, including PoliceOff icers , Dispaccher/Clerks, and Security Guards. The Department hasjurisdiccion over some 19,000 acres of reservation land in ease centralMississippi.

Responsibilities:

The responsibilicies of Che Deputy Direccor are:

1. To supervise the work of all police and detention personnel, as wellas Che cribal security force

2. To conduce investigations of reported violations of cribal, federal,or state lav wichin Che cribal jurisdiccional area •*

• •

3. To make arrescs and Co assist in Che preparation and presentation ofcases submitted for prosecution

4. To maintain a complete syscen of employee accountability, includingcine and duty assignments, rotational shifts, and regular radio contacts

Duties:

The ducies of Che Deputy Direccor include:

1. Enforcing cribal laws and ordinances wichin the reservationjurisdiccional area

J.13

*w- "CHOCTAW SELF-DETERMINATION-

Job Announcement f 18-00-46Deputy Director, Law Enforcement

2

2. Instructing the tribal police in general police procedures, rules ofevidence, court procedures, public relations, laws of arrest , c r iminalinvestigations, t r a f f i c laws, and federa l and tr ibal law

3. Conducting investigations of violat ions of law

4. Assuring compliance with all d a i l y and internal reportingrequirements, including incident reports

5. Keeping informed within the force of the effectiveness of the policein the discharge of their duties, maintaining appropriate standards ofconduct and appearance, and keeping a strict accounting of the equipmentissued them in connection with their o f f i c i a l duties

6. Other duties, as assigned by the Director*, Law Enforcement

Work Environment:

The Deputy Director has an of f ice at the Adult Corrections Center inthe Pearl River community.

Physical Demands:

Incumbent is subject to call 2& hours per day, seven days per week.Performance of duties requires work at i r regular hours, and involvespersonal risks and exposure.

Qualifications:

The minimum qualifications for the position of Deputy Director are:

1. Bachelor of Science in Criminal Justice from an accredited college oruniversity >

2. Proficiency in the use of firearms

3. Successful graduation from, or willingness to enroll in and graduatewithin one year from the Indian Police Academy or a similar coursesubstantially meeting or exceeding the level of training provided at theIndian Police Academy. Failure to graduate within one year wil l result ineither dismissal or demotion

4. At least five years' experience in law enforcement, or educationalequivalent

5. At least one year's experience in a supervisory capacity

6. Preferential treatment will be extended to qualified Indianappi icants

J.14

Job Announcement #18-00-s6Deputy Director, Law EnforcementPage 3

7. Val id drivers license, and au:amobile l i a b i l i t y insurance racuired.If out of state'must obtain a Mississippi dr iver 's license within 30 daysof employment date.

Contact: Donna Risher, Personnel Off icerMississippi 3ar,d of Choctau IndiansRoute 7 Box 21Philadelphia .VS 393SO601/656-5251 ext. 129

J.15

MISSISSIPPI BAND OF CHCXTTAW INDIANS

TRIBAL OFFICE BUILDINGROUTE 7. BOX 21

PHILADELPHIA, MISSISSIPPI 3935OTELEPHONE (0O1) 056-5251

JOB DESCRIPTION

JOB TITLE: Captain, Department of Law Enforcement

SALARY:

SUPERVISOR: Director, Department of Law Enforcement

JOB LOCATION: Pearl River Community

SCOPE OF SERVICE AND EFFECT:

The Captain is responsible for the day-to-day functioning of the staff ofthe Choctaw Department of Law Enforcement, including police officers,dispatchers/clerks, and security guards.

RESPONSIBILITIES:

The responsibilities of the Captain are:

1. To supervise the work of all police and detention personnel, aswell as the tribal security force.

2. To conduct investigations of reported violations of tribal,federal or state law within the tribal jurisdictional area asdelegated by the Director.

3. To make arrests and to assist, as delegated by the Director, inthe preparation and presentation of cases submitted for prosecution,

4. To maintain a complete system of employee accountability, includingtime and duty assignments, rotational shifts and regular radiocontacts.

DUTIES:

The duties of the Captain include:

1. Enforcing tribal laws and ordinances within the reservationjurisdictional area.

2. Instructing the tribal police in areas designated by the Directorwhich may include any of the following: general police procedures,rules of evidence, court procedures, public relations, laws ofarrest, criminal investigations, traffic laws and federal andtribal law.

J.16"CHOCTAW SELF-DETERMINATION"

JOB DESCRIPTIONCaptain, Department of Law EnforcementPage 2

DUTIES (Cone.):

3. Conducting investigations of violations of lav as delegated by theDirector.

.• 4. Assuring compliance with all daily and internal reporting require-ments, including incident reports.

5. Monitoring the effectiveness of the police in the discharge oftheir duties, maintaining appropriate standards of conduct andappearance, and keeping a strict accounting of the equipmentissued them in connection with their official duties.

5. Supervising the day-to-day activities of the Adult CorrectionCenter and maintaining its compliance with the requirements of25 CFR 11.306 and 68 BIA Manual 7.11.

7. Making recommendations to the Director concerning departmentprocedures, budgeting and personnel matters.

8. Working cooperatively with the tribal prosecutors in the presenta-tion of evidence.

9. Other duties as assigned by the Director of Law Enforcement.

WORK ENVIRONMENT:

The Captain has an office at the Adult Corrections Center in the PearlRiver Community.

PHYSICAL DEMANDS:

The Captain is subject to call 24 hours per day, seven days per week.Performance of duties requires work at irregular hours, and involvespersonal risks and exposure.

QUALIFICATIONS:

1. Proficiency in the use of firearms.

2. Successfully completed an approved Basic Police Training Course.

3. Successful graduation from, or ability to enroll in and graduatewithin one year from the Indian Police Academy or a similar coursesubstantially meeting or exceeding the level of training providedat the Indian Police Academy on Supervisory Police Officer Training.

4. Must be familiar or quickly become familiar with Federal Indian Law.

5. At least five years' experience in law enforcement.

6. Preferential treatment will be extended to qualified Indianapplicants.

7. Possess reliable transportation, valid driver's license andinsurance.


TRIBAL OFFICE BUILDINGROUTE 7, BOX 21

PHILADELPHIA, MISSISSIPPI 3935OTELEPHONE «5O1) 650-5251

JOB DESCRIPTION

JOB TITLE: Sergeant of Police, Department of Lav Enforcement

SALARY:

SUPERVISOR: Director, Department of Law Enforcement

JOB LOCATION: Pearl River Community

SCOPE OF SERVICE AND EFFECT:••

The Sergeant of Police is responsible for the shift functioning of thestaff of the Choc taw Department of Lav Enforcement* including policeofficers, dispatchers/clerks, and security guards.

RESPONSIBILITIES:

The responsibilities of the Sergeant of Police are:

1. To supervise the vork of all police and detention personnel, as veilas the tribal security force during the assigned shift.

2. To conduct preliminary investigations of reported violations oftribal, federal or state lav vithin the tribal jurisdictional area.

3. To make arrests and to assist, as delegated by the Director, in thepreparation and presentation of cases submitted for prosecution.

A. Responds to trouble calls, either as a first officer responding or asa backup to a lover graded officer.

DUTIES:

The duties of the Sergeant of Police include:

1. Enforcing tribal lavs and ordinances vithin the reservation jurisdic-tional area.

2. Perform as a field training officer for new police officers ingeneral police procedures, rules of evidence, court procedures, publicrelations, lavs of arrest, criminal investigations, traffic lavs andfederal and tribal lav.

3. Conducting investigations of violations of lav as designated by theDirector.

J.18

-CHOCTAW SELF-DETERMINATION-

JOB DESCRIPTIONSergeant of Police* Department of Law EnforcementPage 2

DUTIES (Cent.):

4. Assuring compliance with all daily and internal reporting "requirements,including incident reports during assigned shifts.

5. Monitoring the effectiveness of the police in the discharge of theirduties* maintaining appropriate standards of conduct and appearance.

6. Supervising the shift activities of the Adult Correction Center andmaintaining its compliance with the requirements of 25 CFR 11.306 and68 BIA Manual 7.11.

»7. Making recommendations to the Supervisor concerning department proce-

dures and personnel matter.

8. Working cooperatively with the tribal prosecutors in the presentationof evidence.

9. Other duties as assigned by the Director of Law Enforcement

PHYSICAL DEMANDS:

The Sergeant of Police is subject to call 24 hours per day, seven days perweek. Performance of duties requires work at irregular hours* and involvespersonal risks and exposure.

QUALIFICATIONS:

1. Proficiency in the use of firearms.

2. Successful completion of an approved Basic Police Training Course.

3. Successful graduation from* or ability to enroll in and graduatewithin one year from the Indian Police Academy or a similar coursesubstantially meeting or exceeding the level of training provided atthe Indian Police Academy on Supervisory Police Training.

4. Must be familiar or quickly become familiar with Federal Indian Law.

5. At least three years experience in law enforcement.

6. Preferential treatment will be extended to qualified Indian applicants.

7. Possess reliable transportation, valid driver's license and insurance.

J.19

3S1SSIPP1 OAND OF CHCCTAVV INDIANS

TRJ3AL OFFICE BUILDINGROUTE 7. UOX 21

PHILADELPHIA. MISSISSIPPI 3935OTELEPHONE «5O1) <55<5-5251

JOS ANNOUNCEMENT $13-01-22

Job Title:

Supervisor: •

Salary:t

Opening Date:

Closing Date:

Police Officer (2 positions)

Police Captain

Negotiable

January 13. 1986

January 21, 1986 at 12:00 neon


The Police Officer is responsible for the maintenance of law andorder on an assigned area within the jurisdiction of the Mississippi Bandof Choctaw Indians.

Responsibilities:

1. 'To investigate, apprehend, arrest, and detain all persons chargedwith violations of 18 USC 1153, 1164, and 1165, and the Choctaw TribalCode, and any state statutes which nay be applicable within Indian Countryin the state of Mississippi

2. To control and maintain order among traffic and pedestrians, and toinvestigate traffic accidents >

•

3. To patrol assigned area of responsibility in an effort to reduceand/or control the number of crimes committed

4. To conduct initial investigations of crimes, and to secure the crimescene and evidence

5. To make arrests and transport prisoners to appropriate authoritiesfor booking or formal charging

•

6. To respond to all calls as quickly as possible

7. To serve federal, state, and tribal warrants, subpoenas, and othercourt papers

8. To testify at trials and hearings in federal, tribal, or state courtsas required

J.20

^ "CHOCTAW SELF-DETERMINATION-

Job AnnouncementPolice OfficerPage 2

DUTIES:

The duties of che Police Officer include:

1. Obtaining and using search and arrest warrants

2. Preparing initial, supplemental, ar.d final reports as required, in a clear,logical, concise, and impartial sar.ner

3. Serving on protection assignments

4. Providing non-enforcement services Co the Public

5. Making searches, conducting interviews, corroberating testimony, andpreparing case reports

6. Other duties as assigned by the Police Captain

WORK ENVIRONMENT:

The Police Officer is assigned primarily to one or another of the MississippiChoc taw communities, but is expected to provide service in any other community orat any other location when assigned. Covernaent quarters are furnished to soneof the Police Officers.

PHYSICAL DEMANDS:

The incunbent oust have considerable strength and agility to pursue suspects,to rake and maintain arrests despite possible resistance, to move heavy objectsvhich may present hazards, and to handle any eaergency situations. Incumbentcust be able to defend self and other against physical attack.

The position involves high risk with exposure to potentially dangeroussituations, including attack with deadly weapons at unexpected times.

QUALIFICATIONS: *

The oiniaua qualifications for the position, of Police Officer are:

1. Applicant must not be less than 21 years of age, nor more than thirty-five(35) years of age at tlae of employment, in compliance with the BIA policeacadeay regulations.

2. Applicant must have satisfactory scores on placement test (TABE) prior toselection for employment.

3. Applicant must be in good physical/mental health; also Applicant must havephysical examination upon employment. •

A. Applicant must be in conformity with the height-weight ratio as required bythe BIA standards.

J.21

Jeb Ar.r.cur.cc-encPolice OfficerPage 3

5. Applicant ruse successfully withstand a personel background investigationto determine that he/she is of good aoral character, and that he/she ishor.es t, reliable. Loyal, and above reproach.

6. Applicant r.usc not have any record of ever being convicted for any typeof felsr.y.

7. Applicant sust pass firearas test prior to employment.

8. Ability to write reports in English in a clear and logical eanner

9. High degree of ability to aeet and deal with a wide range of persons instressful situations

10. Proficiency, or high potential of proficiency, in the use of firearms

11. Graduate of, or willingness and ability to graduate froa, within one year,the Basic Police Training Course at the Indian Police Academy or a siailarcourse substantially meeting or exceeding the level of training providedby the Indian Police Acadeay. Failure to graduate within one year willresult in dismissal.

12. Fluency in Choc caw and English

13. High school diploaa or CED, soae college work preferred

14. Preferential treataent will be extended to qualified Indian applicants

15. Possess reliable transportation, valid driver's license, and insurance

IF INTERESTED, CONTACT:

Donna Risher, Personnel OfficerMississippi Band of Choctaw IndiansRoute 7, Box 21 ;*Philadelphia, MS 39350

(601) 6S6-S2S1. Ext. 129

J.22

.HAND OF CHOCTAW INDIANS

OFFICE OF THE TKSIIAL IIHSEF ''

TRIBAL' OFFICE I3UILI::.\'(;ROUTE 7. HOX 21

PHILADELPHIA. MISSISSIPPITELEPHONE tfOl)

JC3 ANNCUSICSX^T i<i8-01-65 APS 0 3 1355

Position Title:

Salary Range:

Opening Date:

Closing Date:

Suoervisor:

Dispatcher/Clerk. Law Enforpeser.t (1 posit ion)

3/1 ($11,355)

April 08, 1986

April 15, 1986

Deputy Director. LES


Tne Dispatcher/Clerk is responsible for cor.r.unications of all sortswithin the tribal Department of Law Enforcement, including radio anotelephone cocununications, and written cor. sum cat ions in the form ofreports, correspondence , and files.

Duties and Responsibilities:

Tne duties and responsibilities of the Dispatcher/Clerk are:

T. Receiving and routing all incoaing telephone calls, dealing tactfullywith the public; condensing information received and relaying it to theofficer(s) in the field via radio

2. Maintaining a current radio log, and recording all transmissionsreceived or dispatched during the tour of duty

3. Following the rules and regulations set forth by the FederalConnuni cat ions Commission relative to the operations of the radiocommunications system, and transmitting and receiving messages in theprescribed 10 Series Code

4. Maintaining alphabetical and chronological subject matter files ofcriainal and civil complaints and logging them in their proper order

5. Serving as jailor for the Adult Corrections Center, being responsiblefor the control safety and welfare of Incarcerated persons, and seeing that1) the medical needs of Individuals under his/her charge are 'met, 2) properaddaittance procedures are cooplied with and 3) property of prisoners isproperly inventoried and recorded

J.23

-CHOCTAW

Job AnnouncementDispatcher/ClerkPage 2

6. For female Dispatcher/Clerks, in the absence of a resale policeofficer, searching female prisoners and performing other necessary dutiesrelating to the incarceration of female prisoners

7. Assisting in investigations as necessary

8. Serving as computer operator for the Dataspeed workstation, andinputting information concerning incidents and orines committed

9. Other duties as assigned by the Police Captain•%

Work Environment:•a i

The Dispatcher/Clerk works at the Choctaw Adult Corrections Center inthe Pearl River community on a rotating 24-hour, seven day schedule.

Physical Demands: ••••

The work requires irregular hours, and. due to the nature of thecommunication work, the incumbent must be free of any speech ir.pecir.ents.

Qualifications:

The minimum qualifications for the position of Dispatcher/Clerk are:

1. High school diploma or GED• •

2. Ability to write clear, concise reports

3. Knowledge of procedures for radio, telephone, and filing

H. Knowledge of the Choctaw communities

5. Fluency in Choctaw and English*

6. Preferential treatment will be given to qualified Indian applicants

For application and additional information, contact:

Donna Risher, Personnel OfficerTribal Office BuildingRoute 7 Box 21Philadelphia MS 39350601/656-5251 ext. 129

J.2A

MBCI-BIA INVENTORY OF ACCOUNTABLE PROPERTYLAW ENFORCEMENT SERVICES

BIA NO. NAT'L STK NO.

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J.23

HBCI-BIA INVENTORY OF ACCOUNTABLE PROPERTYLAW ENFORCEMENT SERVICES

BIA NO. NAT'I STK NO.

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3 S W3 C UJ3 & W5 & U? & UGEGEGEGE3ECANONCANON

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MBCI-BIA INVENTORY OF ACCOUNTABLE PROPERTYLAU ENFORCEMENT SERVICES

BIA NO. NAT'L STK NO.

77301005

7*001:3/ root :?••{•04L30'30013:

'•300133

/S00136733013*

'8001607900161780015:/ 300 1*3

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FAC'AR/'3PO UNIT.-AOAR/IPO UNITPADAF./riPO "jrUTPAOAP/SPO UNITSACIO/P£COnCONPAOIO/P.EMOTCONLIT /OS /AUTO /POLL. IT/OS/AUTO/POLRAQIO/TRAN?BA3ELIT/OS/AIJTO/POL

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BCPKfiflKMTVFTONfl. CKRTTVTGVPTOMfl AMD OVBBR BT&TSMBMVfl OF

K.l. This contract incorporates the written representations,certifications and other written agreements made' by theofferer.

X.I

BREAZEALE, SAWDERS ft OTXEIL, LUX e«w» **.* ACCOUNTANTSAMERICAN INSTfTUTt C* CERTIFIED EUJUC ACCOUNTANT! MUVATi COM»AN«S AND IK PÂCTlCi KCTIQNS

July 20,1990

Chief Phillip MartinTribal ChiefMississippi Band of Choctaw IndiansPhiladelphia, MS 39350

Dear Chief Martin:

We are independent certified public accountants licensed by the State of Mississippi andhave been engaged to provide this certification on the bookkeeping and accountingprocedures of the Mississippi Band of Choctaw Indians.

We have reviewed those internal accounting controls and administrative control proceduresof the Mississippi Band of Choctaw Indians that we considered relevant to the criteriaestablished by the Federal government.

Based on our above-mentioned review, ft is our opinion that the bookkeeping andaccounting procedures which the Mississippi Band of Choctaw Indians presently uses meetthe standards of section 276.7 of 25 CFR concerning the Indian Self Determination andEducation Act (Public Law No. 93-638).

Sincerely,

BREAZEALE, SAUNDERS A O*NEIU LTD.

Certified Public Accountant

PVB/lmd

K.2

turn 100. iAfTovin IANK mufltjo /1» NOKTM coNoaitt train / *o. iox 10 / JACCTOM. KMIIMPH JMOMMO / <MDOPnCIS M JACKSON. UUNEL AND IKWTON. I

•WARD/CONTRACTPPIblNlBHlB I

October 1.1990 | rL

.A/EASTERN AREA OFFICECONTRACTS AND GRANTS ADMINISTRATION1951 CONSTITUTION AVENUE, N.W. MS- 260WASHINGTON, D.C. 20245

MISSISSIFPI BAND OF CHOCTAW INDIANSP. 0. BOX 6010CHOCEAW BRANCHPHILADELPHIA, MISSISSIFPI 39350 ORIGINAL

MCUTVCOOC

PAYMENT

•OHM ME

. 5 thruChoctaw Agency

Same as Item No. 5|v •^KYBjBfilW *VBUk BIB BJiffUK BlT

BIA/EAO, Finance and Accounting3701 North Fairfax Drive, Virginia Square PlazaArlington, Virginia 22203

13. AUTMONTY KM IBM OTHER THAN FULL AND OPBN

25 U.S.C. 450£ & 25 CFR 27110) (15

14. AOGDUNIMB MB MPIUWUUN DATA

bee attached financial Information forObligations11 Sheet

ISA. ITEM NCX IttUMT . AMOUNT

To adninister the AGRICULTURE (SOILfor Fiscal Year 1991, beginning

&M3ISTURE) PROGRAMOctober

an indefinite period of rime unlessThe funding for this contract for Ftentative and subject to revision,upon receipt of actual Congressionathe allocation of these funds by th \

1, 199request for.seal Year 19911increase or

through

is

appropriation i andWashington, l(c. OfftLce.

150. TOTAL AMOUNT OF CONTRACT »|> 1 5 Agn no

16. TABLE OF CONTENTS

DESCRIPTION OESCMPITONPART I-THE SCHEDULE PART •-CONTRACT CLAUSES

X A SOUOTATIQNyCONTRACT FORM X I I BONTRaCT CLAUSES 1B SUPPLIES OR SERVICES AND PRICES/COSTS PART ••UST OF DOCUMENTS. EXHttfTS AND OTHER ATTACH.

DESCRIPTION/SPECS.AÔRK STATEMENT Y I J lUST Of ATTACHMENTS

PACKAQINQ AND MARIONS PART IV. REPRESENTATIONS AND t4STRUCTlQNS

INSPECTION AND ACCEPTANCEDELIVERIES OR PERFORMANCE

REPRESENTATIONS. CERTFCATIONS ANDOTHER STATEMENTS <

CONTRACT ADMINISTRATION DATA NSTR&, CONDS^ AND NOTICES TO OFtHORS

H SPECIAL CONTRACT REQUIREMENTS EVALUATON FACTORS FOR AWARD

CONTRACTING OFFICER WILL POMP .ETE ITEM 17 OR 18 AS APPLICABLE17.0CONTRACTOWS NEGOTIATED AGREEMENT (Contactor to required*

>jN>documentAndralunt ^__ oopjeetoiHuj Q®5Si"*Oootwclofoo§ to famish wid dwvor w Mfl4 or poffofin oJI tfw OMVloM tot fodhotfwrwiM Identified ab "" * *~ "*—"—*~"

IS, QAWARD (OonMdor to not raquhtd to sign f* doourmnL) VB

opltdosioltwlltnw• owaid eonsummalM

woon any continuation •ntttB tor Vw con-M OOnQAtlOM Of ffM pttfvM ID VMS

CHIEFSSISSIPPI BAND OF OOCEAW INDIANS

MCIMMMK OF OOMIWdMO OFrBBI

EDUAK) J. L0VELETIE, CONTRACTING OFFICERUS J1420-4166-0892-IV

CONTINUATION SHEET CONTRACT NUMBER: CTS78T98003

TCNTRACTOR: MISSISSIPPI BAND OF CHOCIAW MODIFICATION NUMBER: N/AINDIANS

FINANCIAL INFORMATIONFOR OBLIGATION

CONTRACT ACCOUNTING ANDNUMBER APPROPRIATION DATA

CONTRACTBALANCEBEFORE

MODIFICATIONf-l/f+1

CONTRACTBALANCEAFTER

CTS78T98003 S78-01/1/3915/5131

S78-01/1/3215/2664

•0-

•0-

-0-

-0-

$12,000.00

3,480.00

CONTRACT TOTAL: -0- -0- $15,480.00

I

SECTION B

SERVICES AMD COSTS

ITEM DESCRIPTION ESTIMATED COST

B.I The Contractor shall provide Agriculture(Soil and Moisture) Services for themembers of the Mississippi Band of ChoctavIndians in accordance with therequirements of this contract.

The estimated cost is based on theattached budget.

B.I

AGRICULTURE (SOIL AND MOISTURE) PROGRAM

BUDGET OF SCHEDULED ALLOWABLE COSTS

1. Supplies $ 1,400.00

2. Other Cost ' 10.600.00

TOTAL DIRECT COST $12,000.00

INDIRECT COST S 3-480.00

CONTRACT TOTAL $15,480.00

Non-Educational Mature Contract applicationMississippi Band of Choctaw Indiana

Pag* 36

* * *

AGRICULTURE

SuppliM

Offic* supplies $1,000Operating supplies 400

$1,400

Qthar Comtm

Local POV Mileage 0 $.024/ai 30068A vahicla laasa 2,800Vahicla inauranca 700Talaphona 1,100Gaaolina/vahicla sMintananca 1,700Cardan preparation axpanaa 4,000

10,600

Total Direct Costs 12,000

Indirect Costs @ 29% 3,480

TOTAL $15,480

flBCTIOM C

DBflCRIPTIQM/flPBCiriCATIONa

C.I. POUPOflg

The Bureau program(s) to be performed under this P.L, 93-638renewal contract between the Bureau of Indian Affairs (BIA) andthe Mississippi Band of Choctaw Indians is to provide for thecontinued operation and administration by the Tribe of theAgriculture (Soil and Moisture) Program.

C.2. 8CQPB OF WORK

The Tribe entered into a Mature Contract for the operation ofthe following Bureau programs entitled Agriculture (Soil andMoisture) Program.

The Tribe shall conduct implementation of agricultureactivities relating to soil erosion, moisture conservation,pest control, and other agronomic practices. Prepare aconservation plan for each farm/pasture lease with soil andmoisture conservation stipulations, necessary to ensurecompliance with the applicable provisions of 25 CFR 162, 166,167 and 168. Establish and perform a compliance monitoringprogram to ensure conservation provisions of the lease arefully implemented by the lessee.

Program Data: The number of soil conservation measuresundertaken (acres, miles, cubic yards of earth moved, numberof cooperators) involving rough tillage, contour farming, weedand pest control, crop rotation, terracing, fertilization, soilsurveys soils analysis, drainage investigations, erosioncontrol, diking, gully plugs, water ways, drop structures,livestock water facilities, fencing, deep plowing, installationof wind breaks, lease compliance inspections, and soilconservation plans developed.

Deliverable*: A conservation plan for each farm/pasture lease,conservation stipulations compliance inspection reports, andan annual report containing the program data required.

The proposed goals for each of the programs are as follows:

C.2.1 To assist 150 families per year with home gardening —cultivation and technical assistance.

C.2.2 To provide technical assistance to community members inthe areas of agricultural land use plans, erosioncontrol measures, soil testing, etc.

C.I

flBCTIQM C

DESCRIPTION/SPECIFICATIONS

C.2.3 To coordinate the use of services to individual tribalmembers from the Mississippi Cooperative Extension

* Service, the Soil Conservation Service, and theAgricultural Stabilization and Conservation Service.

C.3. HfCORPOBMIOM Of COMTRACTOtt'S PROPOSAL

The Contractor shall, in meeting the requirements of thiscontract, perform work and services -in accordance with theContractor's technical proposal to the Eastern Area Office,BZA, for the Agriculture (Soil and Moisture) Program dated July16, 1990. Provided however, that to the extent that anyprovisions of the contract clauses are in conflict or areinconsistent with any provisions of said proposal, theprovisions of the contract clauses shall be controlling andshall supersede the provisions of said proposal.

C.2

APPLICATION APPENDIX

1. GRANT AGREEMENT 2 Page(s)

2. S. F. 424 - APPLICATION FOR FEDERAL ASSISTANCE ... 1 Page(s)

3. PART 100, SPECIAL CONDITIONS 4 Page(s)

4. PART 200, PROJECT(S) TO BE PERFORMED 3 Page(s)

5. PART 300, APPENDIX A TO GENERAL CONDITIONS APPLICABLE* TO GRANT PRINCIPLES, STANDARDS AND REPORTING-

REQUIREMENTS 13 Page(s)

6. ATTACHMENTS

. SCHEDULE OF ALLOWABLE COSTS 3 Page(s)

SCHEDULE OF KEY PERSONNEL WITH POSITIONDESCRIPTIONS 13 Page(s)

C. TRIBAL RESOLUTION 2 Page(s)

D. ACTIVITY MONITORING TIMETABLES 3 Page(s)

E. DRUG FREE WORKPLACE CERTIFICATION .... 1 Page(s)

t- 3-

BUREAU OF INDIAN AF.

1. EFFECTIVE DATE:6/1/92

Page of xx

2. GRANT AMENDMENT NO. 3. GRANT NUMBER_QTS78T98028

4. ISSUED BY S- ISSUED TOfCBAMTBBlBureau Organization and Address:Bureau of Indian AffairsEastern Area Office - Suite 260Contracts & Grants Administration3701 North Fairfax DriveArlington, Virginia 22203

Organization and Address:Mississippi Band pfChoctaw BranchP. 0. Box 6010Philadelphia, MissJUs fpi

It

6. BUREAU ADMINISTRATOR 7. ADMINISTRATORa. Nane: Agnes Barney a. Nane: Phillip Martin

b. Title: Grants Officer b. Title: Tribal Chief

c. Telephone No.: (703) 235-3714 c. Telephone No.: (601) 656-5251

d. P. O. Address: Sane as Block I5 d. P. O. Address: Sane as Block 15

For the operation of the Indian Child WelfareAct (ICWA) Grant for Fiscal Year 1992 in theanount of $65,000.00 .

9. PI

a. Start: 6/1/92

b. Complete: 5/31/93

10, ACCOUNTING AMD APPROPRIATIQII DATA 11. ESTIMATED AMQIIiTP

S78980-92-32400 - $65,000.00a. Initial: $65,000.00

b. Anended: -0-

12. CONDITIONSThe order of precedence in the event there is a Conflict/Inconsistency inany attachments will be as follows: (i) Special Conditions (Part 100);(ii) General Conditions Applicable to Grants (Part 200); (iii) Grantee'sApplication/Amendment (Part 300).This Grant Agreement/Anendnent is subject to the conditions of thefollowing documents, which are attached:

i. Special Conditions, Page(s)ii. General Conditions Applicable to Grants, Pagesiii. Grantee's Application/Anendnent Proposal dated 7/20/92

13. OFFER 14. ACCEPTANCEa. This Grant Agreenent/Anendnent isoffered under authority of Section 104(a) of Title I of the Indian Self-Determination and Education AssistanceAct (P.L. 93-638, 88 STAT. 2203)

a. The Grantee accepts this GrantAgreement/Amendment. The under-signed represents that he is dulyauthorized to act on behalf of theGrantee.

b. UNI

c. Typed or Printed Nane and Title:Agnes Barney, Grants OfficerWarrant No. 14 20?-4113-0793

c. Typed or PrinlPhillip MartinTribal Chief

Nane and Title

d. Date Signed: d. Date Signed: O &(p .QQ

CONTINUATION SHEET GRANT NUMBER GTS78T98Q2a

GRANTOR:

FY 1992 ICWAMisaiasipni Band of Choctaw

AMENDMENT NUMBER

FINANCIAL INFORMATIONFOR OBLIGATION '

GRANTNUMBER

ACCOUNTING ANDAPPROPRIATION DATA

GRANTBALANCE

GRANTMODIFICATION BALANCE

GTS78T98028 Piract Coats

001 S78980-92-32400

TOTAL FY 1992

-Q-

$ -0-

-Q- $ 6S.QQQ.OQ

-0- $65,000.00

APPUC Al ION t-OH ,. Mn wwnm ' " ' '..i . = —FEDERAL ASSISTANCE 04/30/92 N.A.

Q NanCanotnjc

0* tOATlftfCfivtOtv STATI Stata AspicaftpnidaniiHara Mala a altealalBM Iff A SvV Allj r W.A. N.A.

° 4.0AT1lltC«lVflOavPIMIlAtAOtNCV Podor« Monbfiornon Q Nor Contiructton

I APPlXAMTaWQAMAIIOII

LaaatNama.Mississippi Band of Choctav Indians

Addrooo few* eiy. courtly, slaw, and w cotfolrBox 6010 Choc taw Branch

Philadelphia MS 39350

Neshoba County

t. IMPIOVIA tOfKTWCATION NUMMft ItM*r°~1. IVPSOf APPUGA1

» Aa»men. oator opiA incraaoa A»ari

O. Oacraaaa Ouri

4 | — |o 3 U l 5 l 7 3 l l l

10*

Q Now O Contmuotnn Q npoioian

mpnota fcitorfj} in baâo): Q Od 0. OocroaM A«ard C mcraaM Ouration

H«n Otnar («poory<r-

10. CATALOG OF 'EOOUL DOMESTIC 1 1 1 * 1 1 1 L \ AAttlSTAMCf NUMOt* 1 1 1 5 0| 1 1 4 1 4

TITLE: Indian Child Welfare Act1 Title II Grants

it. AMAS Apracrio tv MOACT tou»i. counfta& IMI»«. •«./:

Chocjtav Reservation, Mississippi, and desig-

nated near-reservation areas

11. MIOKMIOMOJ

Start Data

06/01/92

tnn •ppKanan fpwa JVM codoj ; ..

Harrison Ben

601/656-5251 ext. 312

1. iVPt o* APfueMfft laniar 000*00*010 *owar) M oourl iC |a\ eteaMiA u t k^^h^^k^k^^^^ s%Aa»^k j on— ».•- 9IW W- >nOewVnOWI JCnoOi mil.

0. County , L Siata ComroNod mtMuMn of Mghar Looming

9 0. Tawnifttp K. Mtflan Triba

P iniowwumopol M Profit Organmfeana Saoeol Oinriet Hi Othor tfoociM. ,,

t. NAMIOPPtOCJULAOfNC*

Bureau of Indian Affairs Dol

Choctav Children's Services Program

,ICT: M. CONOMSSIONALOltTMeTSM 1^1 ^^^^^SS^ /"

Ending Data a. Applicant b-Prajact VA ''lk25«V5l ?^>tv

05/31/93 3rd . 3rd \SvV* >£>

It. ISTMATIO 9 UNOMO: 10. • AÛCATION tUOJOCt TO MVIIW SV STATI BtlCUnVf OftOCM 11 J7<Pfi(|im \

a. Padaral

b. Appftcanc

c Stata

d Local

a Omar

f Program incama

g TOTAL

• QO a. YES. THIS PACAPPUCATtQH/APPUCATXW WAS MAQE AVilUSLTê'n if ^65,000 STATE EXECUTIVE OPAEA 12)72 PP^CESSrÔAAEVCW ON-

1 •* DATS

I .00 1 _b NO. C

S -00

09 »lPw

S .00 «'• IS TNC AffU

• -65,000

1 PAOOAAM « NOT COVEAEO BY tO 12372

3 OA PAOGAAM HAS NOT SEEN SELECTEO BY STATE FOA AEVCW

CANT PlilNQUlNT ON ANY FIDUUL PtBT?

N •vao.' attach an a lanottea Q Na

tB. MTlMMnMtM«MAiM«MBAMABniM ALLa&TAIMfMI>AMIje^T1Olli»MA»Mje^n^

AUTMoeino gv tm oovmNmo ooov of TMI APmamr AKO TMI WUCAHT wn.t CQMKV mm rxc ATTACMOT » THI AIIHTAMCJ it AWA»CCO

a. Typad Nama oi Autnonnd AapnjianiativaPhlllln Margin

b T«a c Totophona numoor601/656-5251

04/30/92Standard Potm i>

Pvoicnoatf-ov OMS A.I

Authorized for Local Reproduction

PART 100SPECIAL CONDITIONS

101. Grantee !

Mississippi Band of Choctaw Indians

102. Grant >f^rt7flr* GTS78T9802B

103. Grant Amounts $65,000.00

104. Grant Terns

The tern of this grant is for a period of twelve (12) monthsbeginning 6/1/92 _ , and ending on 5/31/93 _ .

•105. Grantee's Obligations

The Grantee agrees it will implement and complete the effort orprogram described in its Application dated March 3, 1992 withchanges and/or terms agreed to as follows:

A. Reports and Availability of Information to Indiana

The Grantee shall make information and reports concerningthe Grants available to the Indian people which it servesor represents. Access to the data shall be requested, inwriting, and shall be made available to the Tribe withinten (10) days of receipt of the request, subject to anyexceptions provided for in the Freedom of Information Act(5 USC 552), as amended by the Act of November 21, 1974P.L. 93-502; 88 Stat. 1561).

B. Grant Revision of Aflfln

1. Budget revisions or amendments to the Grant shall notbe made unless there is an increase or decrease to thetotal Grant amount. However, a final close-out Budgetrevision shall be submitted if adjustments are to bemade to the Grant budget before the end of the Grantperiod.

2. Requests for revisions or amendments, other than budgetrevisions referred to in paragraph (1) of this section,shall be made to the Grant Officer's Representative(GOR) responsible for approving the Grant in itsoriginal form. Upon receipt of a request for revisionsor amendments, the responsible GOR shall follow thesame review procedures and time frame provided for in25 CFR 272 GRANTS UNDER INDIAN SELF-DETERMINATION ACT,paragraph 272.19.

3. Grant Appeals

A Grantee nay exercise its appeal rights to theInterior Board of Contract Appeals, any adversedecision or action of a Grant Officer regarding theGrant under this part as provided in Subchapter A of 25CFR Part 2. :

4. Appeals from Decision to Cancel Grant for Cause

A Grantee may appeal any decision of a Bureau officialto cancel the Grant under this Part for cause. Theappeal shall be nade as provided in Subchapter A of 25CFR Part 2.

106. Grant Payments

A. For performing this project, the Grantee shall bereimbursed for all allowable costs incurred, up to, but notto exceed the total budgeted amount of the Grant. Thetotal budgeted amount of this Grant is stated in ItemEleven (11) of the GRANT AGREEMENT/ AMENDMENT.

B. Grant payment shall be reimbursed to the Grantee under theBureau of Indian Affairs' P-638 Automated Clearing House(ACH) Payment System commencing with Fiscal Year 1991. Allgrant payments shall be coordinated through the designatedGrant Officer's Representative or his/her designeeauthorized to sign payments requested by the Grantee.

107. Withholding Grant Payments

Notwithstanding any other payment provisions of this Grant,failure of the Grantee to submit reports when due, or failureto perform will result in the withholding of payments underthis Grant. The government shall promptly notify the Granteeof its intention to withhold payments.

108. Procurement Standards

As outlined in OMB's Circular A-102, Attachment O shall befollowed in all Procurement Actions taken under the terms ofthe Grant the Grantee is required to maintain writtendocumentation regarding all procurement activity.

109. Reporting Requirements

The Grantee agrees to submit an original and one (1) copy ofthe following reports to the Grant Officer, through the GrantOfficer's Representative (GOR). Funds will be withdrawn if theGrantee does not comply with this requirement. These reportsshall be submitted within 30 days after the dates shown below:

i I992r flftCftTlfrfr *• 1992 • March 1. 1993 and May31.1993.

A. Performance Narrative Reports: (a) each report shallinclude a brief description of all activities and progressaccomplishing the objectives of the grant; and (b) asummary of problems encountered.

B. Final Performance Report must be submitted within 90 daysof the end of the grant period.

C. Financial Status Report (SF-269A): This form must be usedto report all advance payments and liquidation of advancepayments.

110. Travel

The Grantee's attention is directed to 25 CFR 276, Appendix A,Part 11, A.28, which provides for payment of Grantee's travelcosts insofar as such costs are consistent with those normallyallowed in like circumstances in non-Federally sponsoredactivities. The Grantee is cautioned that travel costs paid bythe Grantee are allowable only to the extent that they complywith requirements set forth in 25 CFR 276, Appendix A, Part II,A. 28. The Grantee is further cautioned that its travel policymust be uniformly administered and be reasonable in light ofthe economic conditions prevailing in the area(s) in which thetravel occurs or they may be subject to disallowance.

111. Lobbying

18 USC 1913 forbids the use of funds appropriated by Congressfor lobbying purposes. Therefore, no part of the Grantee'sgrant funds shall be used, directly or indirectly, for lobbyingexpenditures, to favor or oppose, by vote or otherwise, anylegislation or appropriation by Congress.

112. TrainingAll training, workshops, courses, and seminars attended by theGrantee, when using funds from this grant, shall be related tothe grant. Training undertaken shall be reported in therequired Performance Report and shall contain the titles of thecourses, workshops or seminars; places where they were held;person(s) attending; and any other pertinent information.

113. Coat ScheduleDue to changed procedures alluded into Item 105(B)(1) above,the title BUDGET OF ALLOWANCE COST is replaced by a new sheetcalled "COST SCHEDULE." Any and all changes to the COSTSCHEDULE sheet will not require a formal Grant modification;rather the Grant Officer's Representative (GOR) will documentany such changes in a memorandum to the Grant Officer. Theonly time a formal Grant modification will be issued regardingfinancial matters in the Grant is when the total Grant value isincreased or decreased. The determination whether a cost isallocable and allowable for Bureau payment under a Grant isbased on the cost principles set forth in 25 CFR 276, AppendixA.

114. Tribal Government Officers' Salaries and Expenses

25 CFR 276, Appendix A, Part II, D-6, states that "The salariesand expenses of tribal governnent officers are considered acost of general tribal government and are unallowable...11However, C.9 of the same citation indicates that "Identifiablesalary and expense costs incurred as a direct result of a.tribal government officer's services to a Grant program..." areallowable, subject to advance agreement with the approval bythe Bureau. In this regard and prior to compensating anyelected or appointed tribal government officer with P. L. 93-638 Grant funds, the tribe must submit a request, in writing,to the Area Grant Officer for approval. Until such writtenapproval is provided by the Grant Officer, any and all salariesand expenses incurred by the elected or appointed tribalgovernment officer shall be borne by the Grantee.

115. Grant Officer's Representative

Ms.Evelyn Roanhorse, Area social Worker, Eastern Area Office,MS 260 VA SQ, 3701 North Fairfax Drive, Arlington, Virginia22203 is hereby designated as the Grant Officer'sRepresentative (GOR).

116. Single Audit Act of 1984 fP. L- 98-5021

In compliance with the "Single Audit Act of 1984 (Pub. L. 98-502)," and OMB Circular A-128, "Audit Requirements for Stateand Local Government," the Grantee shall have an auditperformed and completed on an annual basis and in accordancewith the Grantee's fiscal year.

117. Drug-Free Workplace

In the performance of this Grant, the Grantee shall certify aDrug-Free Workplace pursuant to the Drug-Free Workplace Act of1988 (P.L. 100-690), for all Grants in excess of $25,000.

118. Pre-Grant Costa

Any costs incured by the Grantee prior to the award date ofthis Grant may be reimbursed if such cost are determined by theGrants Officer to be allocable, allowable, reasonable, andnecessary. The Grantee is advised that any incurrence of pre-grant costs which are not approved by the Grants Officer aremade at its own risk.

PART 200

PROJECT TO BE PERFORMED

201. STATEMENT OF WORK

Based upon the needs and overall methodology described above, the Mississippi Band

of Choctaw Indians is proposing the following goal for the Children's Services Program for

the one-year project period:

To reunite and strengthen families though immediate intervention and follow-up services by home visitation, counseling, and working with spiritual leadenin the community.

Within this overall goal, the following more specific objectives are also proposed:

1. To provide on-going services to the 86 families in the active caseload and an

estimated 40 that will be investigated for possible neglect and/or abuse of children

2. To maintain casework files and documentation on all Child Welfare cases

3. To work in a joint effort with the Adoption Services program to sponsor an Indian

Child Welfare Training Conference to be held in September of 1992.

Operation Monitoring System

OMS-1 forms for the year, and OMS-2 forms containing complete action steps for the

year proposed are contained in Attachment E of this application.

Culturally Relevant ApproachÂn essential need in the proposed program, and one that precludes the use of social

services institutions aside from the tribal government (including the state Department of

Public Welfare) is the prevalence of Choctaw language speaken and the necessity of

delivering services in that language. Through over 100 yean of social and political

202. EVALUATION AND MONITORING

The evaluation and nonitoring of the project under this grantwill be through the submission of reports to the- TribalCouncil and the Grant Officer's Representative (GOR). Suchreports will enable the Grantee -to determine -whether thegoals and objectives are being net and will provide a basisfor revising the sane, when necessary. Monitoring andperformance will also enable the Grantee to control the day-to-day operations of the project to assure that progress isbeing made and will also permit identification of problemsand to take appropriate corrective actions.

203. SUBMISSION OP REPORTS

The submission of reports under this grant shall be inaccordance with General Conditions applicable to grants andAppendix A principles, standard and reporting requirementsmade a part of this grant by reference.

In addition to the above reporting requirements! the Grantoris required to submit the following reports to the BZA Grantoffices.

1. Monthly Financial Status Reports are Required- Fundswill be withheld/withdrawn from those Grantees not incompliance with this requirement.

2. Quarterly narrative summary of accomplishments andprogressions of the Grantees goals and objectives are duewithin fifteen days after the end of each three monthperiod.

3. Annual narrative report shall are due within ninety (90)days after the end of the Grant period.

PART 300

GENERAL CONDITIONS APPLICABLE

TO

GRANTS/COOPERATIVE AGREEMENT

AND

PRINCIPLES, STANDARDS AN REPORTING

REQUIRMENTS

GENERAL CONDITIONS APPLICABLE

TO

GRANTS/COOPERATIVE AGREEMENT

APPE! )IX A

Bureau of Indian Affairs

GENERAL CONDITIONS APPLICABLE ID CRAMS .(MAY 1976)

*(What follows is not part of the Central Conditions, but is

for the user's convenience only.) '.

Table of Provisions

£• Page

1 DEFINITIONS ' 1(Defines words and terms that are importantto the grant agreement.)

2 APPLICABILITY OP 25 CFR 272 and 276 1(Requires compliance with 25 CFR 272 and 27«.)

3 PENALTIES 1(Describes the penalties for misusing or stealinggrant property or funds.)

4 PAIR AND UNIFORM SERVICES 2(Requires that Indians affected by the scope ofthe grant receive fair and uniform services andassistance.)

5 INDIAN PREFERENCE REQUIREMENTS 2(Requires that Indians receive preference intraining, enpJoyment, and contracts in connectionwith administration of the grant.)

6 SUBGRAOTS AND SUBCONTRACTS TO NON-PROFIT ORCANI- 2ZATIONS(Requires that these General Conditions apply asminimum standards for subgrants and subcontractswith non-profit organizations.)

7 BONDINGS AND INSURANCE ' 2(Requires that construction or facility improve-ment contracts over $100,000 comply with minimumbonding and insurance requirements! provides forbonding and insurance when the Bureau guaranteespayment on money the grantee has borrowed. I

B MONITORING PROGRAM PCRFORMANCC 2(Requires constant monitoring of performance!.provides for site visits by Bureau representa-tives.)

Table of Provisions (Cont'd)

No.

9 GRANT AGRED4QIT AMENDHDfIS(Requires that changes in the grant agreementbe reflected in a grant agreement amendment*requires grantee to submit any requests forchanges in the form of an amendment*proposal.)

10 SUSPENSION OP GRANT*(Provides that the Bureau may suspend the grantif the grantee does not cooply with its termsand conditions; describes suspension proce-dures; limits obligations and costs the granteemay incur during the period of suspension.)

11 CANCELLATION OP GRANT POR CAUSE(Describes the circumstances under which theBureau may cancel all or part of the grant!describes cancellation procedures.)

12 CANCELLATION OP GRANT ON GROUNDS OTHER TUMICAUSE(Provides for cancellation either by mutualconsent or upon written notice by the granteeiprohibits new obligations by the grantee aftercancellation; requires grantee to cancel out*standing obligations.)

13 GRANT CL06EOUT(Describes grant closeout procedures.)

14 RECORD RETENTION REQUIREMENTS(Requires retention of certain grant and sub-grant records; describes conditions for Govern-ment and public access to the records.)

•

Payment cad Pinancial Conditions

15 ACCEPTANCE OP PAYMDffS(Requires that the grantee refund or credit infull to the Bureau any overpayments the Bureauhas made.) •

16 CASH DEPOSITORIES(Acquires a separate bank account when paymentsare made on a "check-paid* basis. encouragesuse of minority banks.!

ii

Able of Provisions (Gont'd)

H2* Page

17 WITKIOLDIN5 OF PAYMfNIS • 4(Describes the circumstances under which tht .Bureau may withhold payments.)

16 BUDGET REVISION 4(Describes the criteria and procedures thegrantee must follow in reporting deviations frombudgets and in requesting revisions,)

19 PROGRAM INCOME • ' 5(Provides for recording and disposition of pro-gram income.)

20 ALLOWABLE COST AND REIMBURSEMENT 5(Establishes the basis for reimbursement of in-curred costs by the submission of monthlyvouchers or invoices. Provides that amountscla<."«d and accepted will be used to offset(liquidate) advance payment balances.)

21 ADVANCE PAYMENT BY TREASURY CHSCK S(Provides guidelines for determining the amountof advances, return of funds, and liquidation)

22 ADVANCE PAYMENT BY LETTER OF CREDIT 6(Provides tor application of Treasury Fiscal Re*quirements Manual and Department Circular 107S,as nodif ied by the memorandum of understandingbeueen the Departments of Treasury and Interior.)

APPENDIX A - PRINCIPLES, STANDARDS ANDREPORTING REQUIREMENTS APPLICABLE TO GRANTS (MAY 1976)

Section Title £*2£

1 Principles for Determining Costs 1

2 Procurement Standards 7

J Property Management Standards •

4 Standards for Grantee and SubgranteeFinancial Management Systems •*

5 Financial Reporting Requirements and Requestsfor Mvances and Disbursement **

• Performance Reporting *'

Ui


RESOLUTION CHO 81-92

A RESOLUTION TO APPLY FOR AN INDIAN CHILD WELFARE ACT GRANT

WHEREAS, the Indian Child Welfare Act, Public Law 95-608, was enacted to "promote thestability and security of Indian tribes and families by the establishment of minimum federalstandards for removal of Indian children from their families and the placement of such childrenin foster or adoptive homes. . .[and] to provide assistance to Indian tribes and Indianorganizations in the operation of child and family service programs,* and

WHEREAS, the Mississippi Band of Choctaw Indians has operated an Indian Quid Welfare Actgrant program since fiscal year 1982, designed to preserve and protect the Choctaw family unit,and

WHEREAS, Indian Child Welfare Act grant programs are now available for only a 12-monthfunding period, and

WHEREAS, the Tribal Council wishes to continue necessary and, according to the periodicevaluations conducted by the Bureau of Indian Affairs area office, successful services toChoctaw children and families, and

WHEREAS, this Resolution has been reviewed and approved by the Committee on Children andYouth of the Tribal Council, now therefore be it

RESOLVED, that the Tribal Council does hereby authorize the Chief to apply for, negotiate,and sign an Indian Child Welfare Act grant from the Bureau of Indian Affairs for counseling andtreatment of Choctaw families; family assistance, including home counseling and day care; andthe licensing and regulation of foster and adoptive homes; for the 12-month period commencingMay 1, 1992.

CERTIFICATION

I, the undersigned, as Secretary-Treasurer of the Mississippi Band of Choctaw Indians, certifythat the Tribal Council of said Band is composed of 16 members, of whom 15, constituting aquorum, were present at a regular meeting thereof, duly called, noticed, convened, and held this14th day of April, 1992; and that the foregoing Resolution was duly adopted by a vote of 15members in favor, 0 opposed, and 0 abstaining.

•

Dated this 14th day of April, 1992.

Resolution CHO 81-92Page 2

ATTEST:

% .%. vSecretary-Treasurer

RECOMMENDED:

Superintendent, Date

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*.S. Department of thaj InteriorCertification Regarding

Drug-Free Workplace Requirements

This certification is required by V* regulations implementing mo cr-g-tree workplace requirements tor Federalgrant recipients under tha Drug-Free workplace Act of 1988. Tha regulations we* pubtfshod as Pan B of tooJanuary 31. 1988. fJdfUJ QfBitlK <P«8«« 4847-4888). A copy of *o regulations is Mudttf in the proposalpacfcagt. For further assisianes in obtaining a copy of the roguucons. contact the U.S. Department of 9mIntsnor. Acquisition and Assistanea Division. Office of Acquisition ane Property Management. 1881 and C Streets.N.W.. Washington. O.C. 20240. ^

(BEFOWE COMPUTING CERTIFICATION, MAO INSTRUCTION ON REVERSE)

Alternate L (FOR GRANTEES OTHER THAN INDIVIDUALS)

A. Tha grantaa etrtHlas that H win provida a drug-frs* worfcplaca by:(a) Publishing a statsmsnt notifying omptoyats mat ths unlawful ranufaeiura. olttribotion. dispansffg. ponsa

sion or usa of a controflad substanet is prohibiisd m tha gra-taa's workpujca and ipaofymg ma acttonsthat wW ba takan against amptoyMS for violation of such prcr-ation:

(b) Establishing a drug-fraa awarantss program to inform ampieytN about-(1) Tha dangors of drug abusa in tha workplace-:(2) Tha grantM's policy of maintaining a drup/fraa workpiaca:0) Any availabla drug cojunstting. ranabiitatton. and ampioytf aisistanea programs: and(4) Tha Panamas that/may bo jmpossd upon smptoyoas '* drug abusa violations occurring in ttw

workplacST(c) Making it a raquiramsnt that oaeh omployM to ba angagte .1 tha parformanco of mo grant ba givan a

copy of tha staismant rsquirod by paragraph (a):(d) Notifying tha amployaa in trtt statsmsnt roqmrsd by para;-i9n (a) that as a coneinon of tmpioymam

undar tha grant, tha ampiovaa will -(1) Abida by tha tarms of tha statamont: and(2) Notify ma ampioytr of any cnminal drug statutt convia;:* -y a violation occurring :n no workpiaca no

latsr than fiva days aftar such conviction: • '(•) Notifying tha agency within tan days atttf rtctivmg notica u-:tr subparagraph (dM2> from an tmpioyaa or

otharwisa racaiving actual notica of such conviction:(0 Taking ona of tha following actions within 30 days of ra:t .ing notes undar subsaragraph WX2). with

raspact to any amployaa who is so comnctad -(1) Taking appropriate psrsonnat action against such an ams: .M. up to and including ttn-Mnation. or(2) Raquiring such smpioyoa to partiopata saustactoriiy • a drug abusa assistant or rtnabiiitaiion

program approvad lor such purpotss by a Fsdarai. Statt or local haaNh. law tnfor wntm. or othorappropriate agoncy:

(g) Making a good faith affort to contmua to mamtam .a d ;-fraa workpiaca througr. >npiamtntation ofparagraphs (a), (b). (c). (d). <o>. and (0

B. Tho grantaa shaH inssrt in tha spaca providad bttow mt i rt<s) tor tha parformancs af work dona inconnection with tha spsofic grant:Place of Performance (Street address, oty. county, stats. ZIP c::ii

Choctav Social Services Office

Highway 16 We«t

MS

Llllp Martin, Chief

OI-lfSS(2f88)


RESOLUTION CHO 81*92

A RESOLUTION TO APPLY FOR AN INDIAN CHILD WELFARE ACT GRANT<

WHEREAS, the Indian Child Welfare Act, Public Law 95-608, was enacted to 'promote thestability and security of Indian tribes and families by the establishment of minimum federalstandards for removal of Indian children from their families and the placement of such childrenin foster or adoptive homes. . .[and] to provide assistance to Indian tribes and Indianorganizations in the operation of child and family service programs," and

WHEREAS, the Mississippi Band of Choctaw Indians has operated an Indian Child Welfare Actgrant program since fiscal year 1982, designed to preserve and protect the Choctaw family unit,and

WHEREAS, Indian Child Welfare Act grant programs are now available for only a 12-monthfunding period, and

WHEREAS, the Tribal Council wishes to continue necessary and, according to the periodicevaluations conducted by the Bureau of Indian Affairs area office, successful services toChoctaw children and families, and

WHEREAS, this Resolution has been reviewed and approved by the Committee on Children andYouthof the Tribal Council, now therefore be it

RESOLVED, that the Tribal Council does hereby authorize the Chief to apply for, negotiate,and sign an Indian Child Welfare Act grant from the Bureau of Indian Affairs for counseling andtreatment of Choctaw families; family assistance, including home counseling and day care; andthe licensing and regulation of foster and adoptive homes; for the 12-month period commencingMay 1, 1992.

CERTIFICATION

I, the undersigned, as Secretary-Treasurer of the Mississippi Band of Choctaw Indians, certifythat the Tribal Council of said Band is composed of 16 members, of whom 15, constituting aquorum, were present at a regular meeting thereof, duly caltodv noticed, convened, and held this14th day of April, 1992; and that the foregoing Resolution was duly adopted by a vote of 15members in favor, 0 opposed, and 0 abstaining.

•

Dated this 14th day of April, 1992.

Resolution CHO 81-92Page 2

ATTEST:

(LSecretary-Treasurer

RECOMMENDED:

Superintendent, Date

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w.S. Otpartment of tht InteriorCertification Regarding

Drug-Free Workplace Requirements

This certification is required by the regulations implementing tr» cr.g.frtt workplace rtqmromens tor Federalgrant recipients under the Drug-Free workplace Act of 1988. Tht regulations were published as Part u of meJanuary 31. 1968. fjdjraj Sffllfifll <P«gM «S47-4988). A copy of no regufations is included m tht proposalpackage. For further assistance m obtaining a copy of the regutasons. contact me US. Deponent ofmoInterior. Acquisition and Assistance Division. Office of Acquisition anc Property Management. iStfi and C Strata.N.W.. Washington. O.C. 20240. • ^^

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)

Alternate L (FOR GRANTEES OTHER THAN INDIVIDUALS)

A. The grantee certifies that it wM provide a drug-free workplace by(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing posses-

sion or use of a controlled substance is prohibited m the Qra-tso's workplace and spoofymg the actionsmat win be taken against employees for violation of such prc non;

(b) Establishing a drug-free awareness program to inform tmpicyMs about-(t) The dangers of drug abuse in the workplace:(2) The grantee's policy of maintaining a drug-free workplace:(3) Any available drug counseling, rehabilitation, and empioytt assistance programs: and(4) The penalties that/may be .imposed upon employees lv drug abuse violations occurring in me

workplace?(c) Making it a requirement that each employee to be engagtc * the performance of tne grant bs given a

copy of the statement requtf od by paragraph (a):(d) Notifying the employee in me statement required by para;-i9n (a) that as a conecton of employment

under the grant the employee wiH -(D Abide by the terms of the statement: and(2) Notify me employer of any criminal drug statute convict:- *y a violation occurring m r* workoiace no

later than five days after such conviction: • '(e) Notifying the agency within tan days after receiving notice w:tf subparagraph <dX2) frorr an tmpioyee or

otherwise receiving actual notice of such conviction:(f) Taking one of the following actions within 30 days of rt:i .ing notice under subcaragrapn <OK2). with

respect to any employee who is so convicted -(t) Taking appropriate personnel action against such an ems:.ft. up to and including :trr-kination: or(2) Requiring such employee to participate satisfactorily • a drug abuse assistance or rtnabnitation

program approved for such purposes by a Federal. Stri or local health, law tntommem. or otherappropriate agency;

(g) Making a good faith effort to continue to maintain .a fl%-;-'rtt workplace througr. inpiemtntaiion ofparagraphs (a), (b). (c). (d). (o). and (f).

B. The grantee shad insert in me space provided below mt i rtis) for the performance af work done mconnection with me specific grantPlace of Performance (Street address, aty. county, state, ao c::ii

Choc taw Social Services Office

Highway 16 W««t

M.Q 70 ^<n•

tHip Hart In. ChiefZT

S naiurt

OM9SS (2«9)

ORDER k . SUPPLIES OR SERVICES

(MPORTAN! • Mi-k all pacKMts lid PiPtrs with contract and/or order numbers

S. ISSUING OFFICE

liliKUAU Oh INDIAN AFFAIRSAl'TNi MS21-SUI, PROCURKMBNT (202) 208-29149iUW C STMtiET. NW,WAtiUlNlalUN. i)C 20i7. TO: CONTRACTOR fiVam*

HUKJSAU Ol» INDIAN AFFAIRS«> C STREET, NW

KAMI1 D-SttH (PS3K0000183)SHIP VIA? utAKtiTNfy

A. PUMCHASC - Mftrtnci yovr

S-L AJltHiCAN PRINTING be DIKCCT MAIL.U. bOX 7fe)0i

Li'KlNUb. rtli

VAX*(001)

.. furnith tM roitowini en tnt terms *n« ecnd>-tlofit IMCHIM on bftth IMM of MM oro«r mo on m*•ttosnitf iftMtt. l« any. inciudinf o«iiv«iy «• IAO>-

' ' purauMf»nofOttatMvAdor«iiihoriiyor:

osc «sa (Jl. OCUVCRV- Cxeopt for billing lnrtr«ictioi«»

MvoriOf HIM floiiMry oroor u •uUvct to in*it coitMltMd o «no eondirom ofMvo«nvmDor«o: contract.

t. ACCOUNTINa AND APPROPRIATION DATA

001 Kttdl'*0-93-JS110-242A. . .002 K00273-9>'J7120-221A...$ 1000.00

$11/09.00

016

SMALLAOVAN. rn WOMEN.TAGBO OWNED

12. F^>.8.

11. PUACc OF INSPECTION AND ACCEP1ANCE

U» IU11 Kf^flMl fl'»

14. GOVERNMEN 'L NO. 19. DELIVER TO F

N/A 12/02/02

T 16. DISCOUNT TERMS

NUT 30

17. SCHEDULE |S»t mwfM

ITEM NO SUPPLIES OR SERVtCES QUANT TYORDERED

(C)UNIT(0)

JNITAMOUNT

(F)

QUANTITYACCEPTED

(G)

VL'N'DOK SHALL FKOVluC S.0(M1 KtFKINTS OP1 FOLLOWING POSTERS AND KiiTIMAi'tD SHIPPINGj COSTS TO VARIOUS AREA OFFICES AND REMAINDER!

«b/vrxv^c.a ACHIITO UK SHIPPED TO CBNTKAL OFFICE.

POSTER - "UKADUATE" 13"X23"i

'i»USlEK - "FKATWUKS" lb 5/BHX21"i

POSTER - "UANCflT 28 1/A°XJ.6 7/8"

POSTER - "HOKStS" 2k 1/8"X28"

SHIPPING (ESTIMATED)

ALL PKINTb 10 ttt ON HlilAU HAKK V PAPKK.DUE 1U PAl'gK CHICKS WHICH MAYINCREASE-PK1CISS ARfc SUBJECT TO CUANOK.

11

11

1

LOT

LOT

X>T

-OT

jOT

22&0.0tf

2713.00

2907.00

2907.00

1000.00

2.260.00

2.715. 0tt

2,907.0fid

2.907.0M

1,000.00

2 'd UOtfd

OR. ,1 FOR SUPPLIES OR SERVICESSCHEDULE - CONTINUATION

OATC AF ORO«R CONTRACT NO*

11/17/92 BUY INDIAN

ITEM NO.(At

SUPPLIES Oft SERVICES

THIS IS A CONFIRMING ORDER - DO NOTDUPLICATE.

NOTE TO VENDOR* IN ORDER TO FACILITATEPROMPT PAYMENT. SUBMIT ORGINIAL ITEMIZEDINVOICE CflTINQ PURCHASE ORDER TO ADDRESSIN BLOCK 121. THANK YOXJ.

/'

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•

PAOBNO.

2

PS3K0000183UNIT W-

•

TOTAL CARRIED FORWARD TO 1STPAQB (ITCH WH)) W

AMOUNT<F)

QUANTITY

NSN S03«t-101 OPTIONAL tOMM S4S (1C41)PracrUM By OIA

£ fd Bf 'LO G6/<L3/<!.0 WOdd

ORDER FO LIES OR SERVICES

IMPORTANT: Mark all ptcktw ind with convict tod/or ordtr number*.papyrit with contract *GOMiWACrNOi wniyf

K00100-92-070/19361.DATB9F

06/18/02 BUY INDIAN PS2K0000625 MOM29. IWUINB OFFICE MflfllW< MflOJ

••i.BUREAU OF INDIAN AFFAIRSATTNi MB-21-6IB, PROCUREMENT <202) 208-29391849 C STREET. NVfWASHINGTON. DC 20245

BUREAU OF INDIAN AFFAIRSATTNi ttt-21-618. RECEIVING1991 CONSTITUTION AVE.. NW

•HIPVIA. WASHINGTON. DC 202457. TOl CONTRACTOR fWMM^ M0MM0M Vf

FIRST AMERICAN PRINTING AND DIRECT MAILP.O. BOX 7001OCEAN SPRINGS, Ml 396S4-7001

(601) S76-S199 FAXt (601) 675-5198

A. PURCHASE - Klfilftnea your

At. Uftft 91191 ftl < 1ft)

f. AC6OUMTINQ AND APPROPRIATION DATA

001 INCREASE 61.153.84

IS. WJOJB, POINT

laTPLACBOF INSPECTION AND ACCEPTANCE

24. aOVBMNMINl

N/A

PIA.N6.

H, SCHEOULB AM nmn* *v ft*ITEM NO.

(A)

03

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OHMVffJItf

SUPPLIES OR SERVICES •'(6)

THIS ORDER IS HEREBY MODIFIED TO INCREASEAND ADD ITEM*3 SHIPPINQ-CHAQESi

SHIPPING CHARGES •-

ALL OTHER TERMS AND CONDITIONS REMAIN THESAME.

RECAPiORG INI AL OBLIGATION, 611.732.00INCREASEt 1.183.84

1 f

NEW TOTAL OBLIGATED! $12,915.94 ' .

• . •i ••* * •

NOTE TO VENDORi IN ORDER TO FACILITATEPROMPT PAYMENT. SUBMIT AN ITEMIZED ORI9INAINVOICE CITING ABOVE PURCHASE , ORDER NUMBERTO THE ADDRESS IN BLOCKf21. THANK YOU.

If. CHIPPING POINT It. OROSVBHIPPINa Wfci»MT

5 DAY ARO NET 30

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20. IN VOIC .NO.

21. MAIL IN VOICE Tfit AlflllM* UP CO4*j . .BUREAU OF INDlXrTAFFAIRS; MB-21 -SIB/ REC.1961 CONST. AVE. , NW, WASHINGTON, DC 20245

22. UNITED STATES Of AMERICA^/ y •BY (Wfmtvraj p rvO y *" l*XAr.// 1

•^ ""4t*tf-fjiM{/A}'* - •

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fr 'd UOcJd

ORDER 1 , SUPPLIES OR SERVICESIMPORTANT: Mirk ill package and piptri with contract and/or enter numbin.1. UATE BP bnoeik

07/10/92

I. CONTRACT NO. (IT***)

BUY INDIAN8. ISSUING OFFICE (A«««M corrcirontf* not roj

BUREAU OP INDIAN AFFAIRSATTNi MS-21-SIB, PROCUREMENT (202) 208-29391849 C STREET, NWWASHINGTON , DC 202 AS

FAOJE OF* FABcl

- 1 ,9. ORDKR NO. !•« RBQUIVl^lQfll/RBFKfltNGe NO.

PS2K0000S32 MODil [100100-92-091/2527•.•MIFTOI jCOHUjntt Mt ttimm. kaP Cttd«J

BUREAU OF INDIAN AFFAIRSATTNi M5-21-SIB. RECEIVZNO1951 CONSTITUTION AVB. , NW

•H.PV.A, H^mSBfiRl.BUJ»JS5 ,. - ,7. TOi FOR <N«W«, OMrVM OM HP COM/

FZRST AMERICAN PRINTING AND DIRECT MAILP.O. BOX 7001ATTNi TERRY H. CARTEROCEAN SPRINGS, MS 39564-70001

(601) 875-&199 FAX* (601) 875-8198

A. PURCHASE - AtftNnco yovi flPOTE

tflft t0Pfff|§ AflV COIMI*

torm an« COMIMOM of

9. ACCOUNTING AND APPROPRIATION DATA 10. REQUISITIONING OPPICC

JSM»M ••A 4MM A. M.4m * • •• BwSlrlftv49 Wt^fWI^lCo^Tlwri fwMf0ik 0||s rw|pirasis0 DOfffff//001 NO CHANGE -_— «. _.

__ OTHER DIS>n rn THAN n ADVA* rn WOMEN.LyJ SMALL LJ SMALL LJ TAG ED LJ OWNED

It. F.O.8. POINT 14. a6VERNMEN>r m/L NO.

19. Ft-ACB OF IIWCCTION AND ACCCPT ^^

1 7. SCHEDULE (S* nwrw lor RtITEM NO.

(A)

02

AM 9ILLWOIrYsTJIVCTfOM

OW

SUPPLiES OR SERVICES(B)

THIS ORDER IS HEREBY MODIFIED TO ADD ITEMt2 FREIGHT CHAROES WHICH WOULD BE MOREECONOMICAL THAN THE UTILIZATION OF FEDERALEXPRESS FOR THE MAILING OF FLTERS.FREIGHT CHARGES

THIS IS A CONFIRMING ORDER-DO NOTDUPLICATE.

ALL OTHER TERMS AND CONDITIONS REMAIN THESAME.

RECAP iORGINIAL OBLIGATION! $350.00INCREASE! ' 37.50NEW TOTAL i $387.50

tft. SHIFTING POINT IV. 9 HOI1! SHIPPING WEIGHT

21. MAiL INVOICE TOi fl*9tttt* Xif 1 Mf)BUREAU OF INDIAN AFFAIRS, MS-21-SIB. REG.1951 CONST. AVE., NW, WASHINGTON, DC 20245

22. UNITED STATES OP AMER »CA / ^. . .^Y f j|Mf fufff ; is^s^^ry ) y ^x A/ y / /P^ ^^^F J "^L ^f _ ^f^^Sf^ MWÂ^F.^JAA \ *

w-8NLoREAF8ft°&S?INT

2 WEEKS ARO

tetiMHj

ftffi'E1?1C)

1

ZV. Iff VOl'

UNITID)

JOB

PRICE(El

37.51

NO.

If. DISCOUNT TERMS

NET 30

AMOUNTfF)

37.51

•

•

37.51

ACCEPTED|l»)

^ fOfMJ

, 1711).4 GRAND

TOTAL

93. NAMK (T>P**1NELIA X. HOLDER/1420-2230-0694

TITLBi CONTRACTINa/OROERINQ OPPICER

MSN 7540^01-132-«OI3 S034t>l01 OmONAL FORM 347 (lO-«>vrojeribM bv a§APAR (««sr

05:^.0 WOdd

ORDER I 4 SUPPLIES OR SERVICESIMPORTANT; Mark rtl MCkMM tod with contract and/or ordtr numl1. DATE OF OR OCR

07/17/02IT R ACT NO.

BUY INDIAN

«. OR 4. MKaUlllTION/HErB*BNCB NO.

100-92-77861 /218762236t. mUlNQ OFFICE fAMANM

BUREAU OF INDIAN AFFAIRSATTNt M6-21-SIB, PROCUREMEKT (202) 20S-29391049 C STREET. WWASHINGTON, DC 20246 '

I. SHIPTOl fCMMIMM VM tMNMfc ZIP CM9 J

SEE TERMS AND CONDITIONS

SHIP VlAi7. TOi CONTRA I MM UP C0*« j

FIRST AMERICAN PRINTING AND DIRECT MAILP.O. BOX 7001ATTNi JON MURPHYOCEAN SPRINGS. Ml 39864-7001

(601) 678-6199 *FAXt (601) 878-6196

1.TYPI OF ORDER

A. PURCHASE - RfMfMC* VOW

USC 9 f » H l

•RQPRlATION

001 K00140-92-38210-242A...823167.00 C1

OFFICE

17. SCHEDULE <»• »»ww far *«ITEM NO.

(Al

01

02

SIC KLUffCJNvrJtUCTJOm

ONBIVfJM*

SURPLUS OM SERVICESIB)

PRINT 20.000 EACH OF TWO (2) FOUR-COLORPOSTERS AM) DESIGN AND PRINT 1.000 FLYERSTO BE PRINTED ON 606COVER. SHIPMENT OFAPPROXIMATELY 7.000-6.000 OF EACH POSTER '12 BUREAU OF INDIAN AFFAIRS OFFICES WITHREMAINDER TO BE SHIPPED VIA TRUCK WITHAPPROXIMATE FIVE-DAY DELIVERY TOWASHINGTON, DC. OFFICE.

CONTRACTOR SHALL PROVIDE THE FOLLOWING INPOSTER fl (DANCER)A 16 3/4 X 28 1/4 POSTER. PRINTS FOUR COLPROCESS PLUS PM6 400.871.847 AND A InATTEVARNISH.POSTER 62 (INDIANS ON HORSES)A 24 X 28 POSTER. PRINTS FOUR COLAR PROCEPLUS PMB 671|5617|S47 AND A MATTE VARNISH

CONTINUED ON PAGEI21 1. Bt4iPpina POINT i if. OROSI SHIPPING w»WWTr

QUANTIFYORDERED

(C)

0

R 1

18

•

io. INVOICI

UNIT(01

JO

JO

(BtlSi(I

9967.

11266.

NO.•

ai. MAIL INVOICE TOI Putin* «P CMC)BUREAU OF INDIAN AFFAIRS, MS-21-SIB. REC.1981 CONST. AVE.. Nff. WASHINGTON, DC 20248

22. UNITED STATES OF AMERICA / ^^^ ' -*j>j/ J

^^7 fjlA^vC /uM/7Lf} *

AMOUNTW

0 9.967.

0 11.266.

1.984.

23.187.

ACCEPTED101

10

10

UIMJ. TOTw j&V:

9 OMANOTOTAL

23. NAME fTOfMJNELIA K. HOLDER/1420-2230-0694

TITLE « CONTftACTlMa/OROERINA OFFICER

N«N 7540-01-112-ICI3 90147-141 OPTIONAL POAM 347 (io»it»tmcrlMtfrlMtf By

9 'd

Ol -R FOR SUPPLIES OR SERVICESSCHEDULE - CONTINUATION

,n.flfiTANT: MtrkillMckMMintfpiPtrsi Wh epm^ ond/or ordir nujnbm,

07/17/92 BUY INDIAN..

ITEM NO.tAI

04

•

SUPPLIES OR SERVICES(B)

HPLYERSi6 1/2X11 HALFTONE SHOWING BLACK AND WHITEPHOTO OF TWO POSTERS WITH FIVE-SIX LINESTYPE AT BOTTOM DESCRIBING POSTERS AN HOWCOPIES I*V BE OBTAINED. FLYERS TO BECOMPLETED 5 DAYS AFTER PRINTING OF POSTERAND SHIPPED VIA OVERNIGHT EXPRESS TODIRECTOR PUBLC AFFAIRS.

SHIPPING CHARGES (ADDRESSES TO BE SUPPLIEBY CARL SHAW)

BE INCREASED.

TERMS AND CONDITIONS!-ALL ARTWORK WILL BE PROVIDED CAMERA READ-ALL SET-UP IS INCLUDED. POSTER*! INCtUD14 3/4 X1G 1/4 COLOR SEPARATION. POSTER**INCLUDES A 21 3/4 X 17 1/2 COLORSEPARATION.-SHIPPING AND HANDLING-PERFORM FILM ASSEMBLY, PLATE. PRIHT, CUTAND BOX FOR SHIPPING.

NOTE TO VENDOR, IN ORDER TO FACILITATEPROMPT PAYMENT. SUBMIT AN ITEMIZED ORIGIN/INVOICE CITING ABOVE PURCHASE ORDER NUMBEiTO THE ADDRESS IN BLOCK *21. THANK YOU.

QUANTITY

iCI

1f

F

1

8

L

MRK MO. •

2

WUNITCD)JO

JO

o%|4AtfMIMAi

J^^^^^^^^RUNIT

Vl360.

t 1604.

TOTAL CARRIED FORWARD TO ISTMCf (ITSM WHH ^

aAMOUNT

(P)90 360.

M 1.604.

1, 954.fi

A^qVTCD^w

80

10

0

N»N 7MO-01-m.|M2 50344.101 OPTIONAL FORM *M (10-131Prttor»M« By OSAFAR («• CFR) S*.21*(«)

L 'd 25:^0

ORDER CSQR tgRVKCIIMPOfrITBXVI

TANT: MarkaUI. DOT* OF QMI

§6/18/92 BUY INDIAN K00100-S2-063S1

BUREAU OP XIBZAN AFFAIRSATTNi M8-21-SIB, PROCUREMENT (202)1*49 e tracer. NV

rvmrrffBUREAU OF INDIAN AFFAIRSATTNi NB-21-ttB, RCCEIYINO19B1 CONSTITUTION AVC., NM

FXR9T. AMBWCAH PRZNrXNQ AND OXRICT MAILP.O. BOX

TERRY H*. CARTER •<OCCAM tfftXNOft,;. «

B7B*B199 FAX«|6B1) 875-819$

••8CC KtOV

ITEM NO.JAI (O

UNITID)

THIS ORDER IB HEREBY MODIFIED TOTHE OflQINAL OBUQATEO AMOUNT ON THEFOLOWINB MCKAQEBi

PACKAGE tit . rINCREASE Of PAPER COSTBi I37B.PACKAOINQ A HANOLIHOi

La 378.00 N 37S.• MI AM 7 «a

PACKAGE «2i * .,INCREASE OF PAPER OOSTBi *37ft.i0PACKAOINO I NANQLINQi 00.00ADDITIONAL WORK FOR PROCESSING OF POSTERS

L01LfLf

CONTRACTOR SHALL UTILIZE BIA/FEOERALEXPRESS ACCOUNT •1S06-S71S-0 FOR SHIPPINGTO AREAS. •KS01409235210 23BJ

(CONTINUED ON PAOE82)

375.160.1365.1

MMMMILLINO

ONJtfVfJtW

II. IMIMIN9 P61M

•1. MAIU INVOICB TOiBUREAU OF .INDIAN AFFAIRS, MS-21«SIB, REC.1951 CONST. AVE.» Mf» WASHINGTON. DC 2024S

ITU).ORANDTOTAL

*A UNITED STATES OF AMERICABY

<9. NAMBNCLIA K. HOLDER/1420-2290-0694

NSN 7MO-01-II2-IM3 OrriONAL FORM M7 (10431

e *

ORD6R FOFjjLpPLIESOR SERVICES' IMPORTANT: with convict MM/of orOif flumBtfi.

1. DATK OF

M/ IS/92•T WQ. fir i

BUY INDIAN K00100-92-062/1064B. IUUINO OFÎCB NPMMMIMMf

BUREAU OF INDIAN AFFAIRSATTNi M8-21-SIB. PROCUREMENT (202) 208*29391849 C STREET. NV

DC 202450245 *OlMUM JRt

BUREAU OF INDIAN AFFAIRSATTNi NS-21-SIB. RECEIVING1951 CONSTITUTION AVE. , HM

IHI»VIA. WASHINGTON. DC 2024S•• TTF»i»r

FIRST AMERICAN PRINTING AND DIRECT NAILP.O. BOX 7001ATTNi TERRY H. CARTEROCEAN SPRINGS. MS 39564-70001

(601) 875-8199 FAX* (601) 875-0198

PURCMAM - ft«tar«tas your

WfJUSNSLfti sSXTSSLVi•ojiw ojonTMV on^porn MO/OV 01

LJ.», ocwiyeiiv T9«««>i fw Miiini i

a t!**1*' •**!!9 to *• |wnM •*•••in num4)4ro< oantraci.hlf forml|lO<H Of

9. ACCOUNT INCB AND APPROFHIATION DATA

001 K00140-92-35210-242A.. .$350.00 Cl i1*.

N/A

QTH8R pn.pi THAN r-|*ovAN. rn WOMEN.LJ SMALL LJ TAOID LJ OWNED

2 WEEKS ARO NET 30

17. SCHEDULE

ITEM NO.(A)

01

„

-

Jiff MILLING1NSTHUCT1ON1

ONJUVIJUf

SUPFLIES OR SERVICES«>

CONTRACTOR SHALL PROVIDE PRODUCTION ANDPRINTING OF 1.000 FLYERS ON 8 1/2" X 11*801 GLOSS TEXT DEPICTING THE TWO (2)POSTERS IN HALFTONES IN HONOR OF THE YEAROF THE AMERICAN INDIAN, 1992.

CONTRACTOR SHALL UTILIZE BIA /FEDERAL

W)oV

1

EXPRESS ACCOUNT«1506-3716-0 '1(0027 392 3542023SJ. ' I

NOTE TO VENDOR i IN ORDER TO FACILITATEPROMPT PAYMENT, SUBMIT AN ITEMIZED ORIGINALINVOICE CITING ABOVE PURCHASE ORDER NUMBERTO THE ADDRESS IN BLOCK 121. THANK YOU.

i •. AMJPikiNd POINT III. OROU SHIPPING WTKIQMT 20. NVVOIC1

UNIT

(D)

JO

ffigCl)

\ 350.

two.

31. MAIL IN VOICE TQi f|fiflu4« ilP CM«j

BUREAU OF INDIAN AFFAIRS. MS-21-SIB. REC.1951 CONST. AVE., NW, WASHINGTON, DC 20245

22 UNITED STATES OF AMERICA ^ . , «

""*— ' Kft/^<ÂAA

AMOUNTIF)

10 350.

f

350.

QUANTITYACCEPTED

(0)

10

L'IMIvKBre MHJ

17(1).aRANOTOTAL

23. NAMIVTV^vdJNELIA K. HOLDER/1420-2230-0694

TITlCt COMTMACTINO/O HOC KINO OFFICCM

N$N 7*40-01 -152-MI3 OTTIQNAL FORM 347 (l«.«J)^•KritMO oy ASA

(48 CP*)

6 'd WOdd

OR FOR SUPPLIES OR SERVICES4DULE - CONTINUATION

IMPORTANT: Mirk all packao* and paoara «OAT 1 6P QROCR

06/15/92ITEM NO.

•

•UWLIH

nth contract and/or ordtr numban.CONTRACT NQ.

BUY INDIANOHMMviCM(Bl

CHANGE IN BLOCK t9 ACCOUNTING ANDAPPROPRIATION DATAi

$<$'£

FRONi 001 K00140-92»35210-242A... $10497. 00TOt 001 K00140-92-35210-242A... $11732.00

RECAPiORGINIAL OBLIGATION! $10.497.00INCREASE AMOOHTiNEW TOTAL i

1.235.00$11.732.00

ALL OTHER TERNS AND CONDITIONS REMAIN THESAME.

,

PIUNIT10)

ZKMWaZ

TIP

TOTAL CAfiBHO FORWARD TO f$T FA9C (ITttf Wtf)) ^

» MCXJ«1 >

AMOUNT

•

AGCCPTIO^Bi

NftN 7S40-01-IP.MI2 40341-101 OPTIONAL POMM 344 (10-13)Pwc'lMd By OIA

01"d MOdd

ORDER MR SuffLliSOR SERVICES

MPORTANT: Mirk all Dttkigii end piptn with contract «ftd/or ordtf nunberi... QATE OP 0MDKR

ILIAI1I.ISW92

1. CONTRACT NO. flf Ml>J

BUY INDL .4

BUREAU OP INDIAN AFFAIRSATTX* M6-21-9IB. PROCUREMENT (202) 200-29391S49 C STREET. NtfWASHINGTON. DC 20243

PA«« O

1

F *AO%. <

2•• W*B»K *Oi 14. KSWU»»«Tiuw/i««P«H*:N5B NC.

PS2K000082S 1 K00100-92-0S9/lJ02* . i WF P ¥o i tctmnmt M0 MMM wr GMW i

•REAU OP INDIAN AFFAIRSATTNi M8-21-SIB. RECEIVING1961 CONSTITUTION AVE., N*

•P.IVVIA. WAS! "TON. DC 20245

FIRST AMERICAN PRINTING AND DIRECT MAILP.O. BOX 7001ATTNi JON MURPHYOCEAN SPRINGS. MI 39364-7001

(601) 875-019*FAX* (601) S7S-8198

Q^TF

h tut foUowlitf on tn« wrmriMd on ifen MM •» tnu »r««r «i»

9> ACCOwNTINO AMD APPROPRIATION DATA

001 K00140-92-35210-242A... $10497.00

TiMNO. !(A)

8UPPUI80RMRVICI8(9)

PRINT 20.900 EACH OF TWO (2) FOUR-COLORPOSTERS TO BE ISSUED FOR THE YEAR OF THEAMERICAN INDIAN. 1992. POSTERS OFAPPROXIMATE SIZE OF 19 1/2" ~ 20" BY 21"25" ARC TO BE PRINTED ON BUTLER COVER ST(GLOSS ENAMEL 749 WEIGHT. ONE POSTER MIL

' BE FOUR-COLOR WITH THE OTHER SPOT

.

rouH-coLC* WITH POSSIBLE VARNISH ON ONECOLOR.

CONTRACTOR SHALL PROVIDE THE FOLLO1-" MO. IPACKAGE «liA 12 1/2 X 26 POSTER, PRIN "ONE SIDE. 8PT CIS, INCLW 1PACKAGE 92 1

H°(Ci

1

-CK

•

,

A 19 X 22 POSTER, PRINTS F. ;ftS8~PLUS ONE PMS. ONE SIDE. 6P1 I

TEKrtS AND CONDITIONS i-ARTWORK TO BE PROVIDED BY CL

H. BitifnNtt 0OllNT llfTQHOlL -i JQ'ClI 1

SSf BIllMtC• AJ fl4P Af *• i*Pf £ft Jtf •• *v0« JvW*« m •NP*W^

* '• ffJMF

UNIT(D)

J<

Jl

f

¥•

• 6235

B 5262

AMOL'N'(Fl 4

.

00 5,235'

•00 5,262.

i N5*

I2l.MAii_ inv jiccTOi (inciw «7 vf 4f ;

BUREAU OF INDIAN A! -AIRS, MS-21-SIht

1951 CONST. AVE.. Ntf, WASHINGTON, DC «^*S10.497

*iffiE

•

90•

90

"W-^Jgr-^ MNM

00 17m<

TOTAL

8VAMERICA

, NAME (TyfittNELIA K, HOLDER/14: 130-0694

4014/•-. OPTIONAL FORM 347 < IX »•»r*MrtM« By 98APAH («| CP*1

1 I *d ££:£0 EB/i2xiO UIOM4

ORDEI. JR SUPPLIES OR SERVICESSCHEDULE - CONTINUATION

\mt*6. . '

2IMPORTANT: Mark til Dsckaoat and Moan with contract antf/cr order mimban.

06/09/92 BUY INDIANITSMNO.

IA)

G£O

SUPPLIES OMIRVICBIBi

pAcKflUrail * vz.-ALL SET-UP IS INCLUDED IN THIS PRICE.•PLATE, PRINT, CUT AND BOX. AM) PREPARE FOPICK UP.

~ftfa> COPIES OF EACH POSTER MUST BE PRINTTEAND READY FOR PICK UP WITHIN TWO WEEKSAFIpR RECEIPT OF CAMERA REAOY COPY. -•**REMAINDER OF SUPPLY MUST BE COMPLETEDWITHIN AN ADDITIONAL TWO WEEKS, -*/**

-DUE TO CHANGES IN PAPER PRICES-THESEPRICES ARE SUBJECT TO CHANGE AND PUCE MBE INCREASED.

QENERALi NO CONDITIONS OF SALE OTHER THAAS SPECIFIED HEREIN OR AS HAY B£ MUTUALLYACRED TO FOR A SPECIFIC GROCER SHALL APPLTO THE SERVICES RENDERED UNDER THISAGREEMENT.

PAYMENT:PAYMENT WILL BE MADE UPON RECEIPT OFITEMIZED ORIGINAL INVOICES.

NOTE TO VENOORi IN ORDER TO FACILITATEPROMPT PAYMENT. SUBMIT AN ITEMIZED ORIGININVOICE CITING ABOVE PURCHASE ORDER NUMBETO THE ADDRESS IN BLOCK *21. THANK YOU.

JHiJXBK" »Wi

ÛMJ/

Y

tL

PH BCM NOi

PSSK0P00S25

UNIT10)

4NLTwt

i

TOTAL CAA*IM FQWAHD TO Iff fiAOf fITtM WH» W

'WrW»%FP» 1

(P)

QUANTITYACCEPTEDMtMiECiBV

OPTIONAL PO*M 141 (!»•*>PiMcrtboc m MAPAR (4* cAj • j.aaj(«i

Documents

99j* - FEC.govsaos.fec.gov › aodocs › 1082774.pdfThank you for the follow-up on our letter of June 28, and your taking the time to --• fully consider both our request and the