81 FR 15526 - Office of Tribal Self-Governance; Planning Cooperative Agreement

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service

Federal Register Volume 81, Issue 56 (March 23, 2016)

Page Range15526-15533
FR Document2016-06559

Federal Register, Volume 81 Issue 56 (Wednesday, March 23, 2016)
[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Notices]
[Pages 15526-15533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06559]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


Office of Tribal Self-Governance; Planning Cooperative Agreement

    Announcement Type: New--Limited Competition
    Funding Announcement Number: HHS-2016-IHS-TSGP-0001
    Catalog of Federal Domestic Assistance Number: 93.444

Key Dates

    Application Deadline Date: June 3, 2016.
    Review Date: June 17, 2016.
    Earliest Anticipated Start Date: July 1, 2016.
    Signed Tribal Resolutions Due Date: June 3, 2016.

I. Funding Opportunity Description

Statutory Authority

    The Indian Health Service (IHS) Office of Tribal Self-Governance 
(OTSG) is accepting limited competition Planning Cooperative Agreement 
applications for the Tribal Self-Governance Program (TSGP). This 
program is authorized under Title V of the Indian Self-Determination 
and Education Assistance Act (ISDEAA), 25 U.S.C. 458aaa-2(e). This 
program is described in the Catalog of Federal Domestic Assistance 
(CFDA), available at https://www.cfda.gov/, under 93.444.

Background

    The TSGP is more than an IHS program; it is an expression of the 
government-to-government relationship between the United States and 
Indian Tribes. Through the TSGP, Tribes negotiate with the IHS to 
assume Programs, Services, Functions and Activities (PSFAs), or 
portions thereof, which gives Tribes the authority to manage and tailor 
health care programs in a manner that best fits the needs of their 
communities.
    Participation in the TSGP is one of three ways that Tribes can 
choose to obtain health care from the Federal Government for their 
members. Specifically, Tribes can choose to: (1) Receive health care 
services directly from the IHS, (2) contract with the IHS to administer 
individual PSFAs that the IHS would otherwise provide (referred to as 
Title I Self-Determination Contracting), or (3) compact with the IHS to 
assume control over healthcare PSFAs that the IHS would otherwise 
provide (referred to as Title V Self-Governance Compacting or the 
TSGP). These options are not exclusive and Tribes may choose to combine 
options based on their individual needs and circumstances. 
Participation in the TSGP affords Tribes the most flexibility to tailor 
health care PSFAs to the needs of their communities.
    The TSGP is a Tribally-driven initiative and strong Tribal/Federal 
partnerships are essential for program success. The IHS established the 
OTSG to implement Tribal self-governance authorities. The OTSG: (1) 
Serves as the primary liaison and advocate for Tribes participating in 
the TSGP, (2) develops, directs, and implements TSGP policies and 
procedures, (3) provides information and technical assistance to Self-
Governance Tribes, and (4) advises the IHS Director on compliance with 
TSGP policies, regulations, and guidelines. Each IHS Area has an Agency 
Lead Negotiator (ALN), designated by the IHS Director, who has the 
authority to negotiate Self-Governance Compacts and Funding Agreements. 
A Tribe should contact their respective ALN to begin the self-
governance planning process or, if currently an existing Self-
Governance Tribe, discuss methods to expand current PSFAs. The ALN 
shall provide an overview of the TSGP and provide technical assistance 
on the planning process or expanding current PSFAs.

Purpose

    The purpose of this Planning Cooperative Agreement is to provide 
resources to Tribes interested in entering the TSGP and to existing 
Self-Governance Tribes interested in assuming new or expanded PSFAs. 
Title V of the ISDEAA requires a Tribe or Tribal organization to 
complete a

[[Page 15527]]

planning phase to the satisfaction of the Tribe. The planning phase 
must include legal and budgetary research and internal Tribal 
government planning and organization preparation relating to the 
administration of health care programs. See 25 U.S.C. 458aaa-2(d).
    The planning phase helps Tribes make informed decisions about which 
PSFAs to assume and what organizational changes or modifications are 
necessary to successfully support those PSFAs. A thorough planning 
phase improves timeliness and efficiency of negotiations and ensures 
that the Tribe is fully prepared to assume the transfer of IHS PSFAs to 
the Tribal health program.
    A Planning Cooperative Agreement is not a prerequisite to enter the 
TSGP and a Tribe may use other resources to meet the planning 
requirements. Tribes that receive a Planning Cooperative Agreement are 
not obligated to participate in the TSGP and may choose to delay or 
decline participation based on the outcome of their planning 
activities. This also applies to existing Self-Governance Tribes 
exploring the option to expand their current PSFAs or assume additional 
PSFAs.

Limited Competition Justification

    There is limited competition under this announcement because the 
authorizing legislation restricts eligibility to Tribes that meet 
specific criteria. See 25 U.S.C. 458aaa-2(e); 42 CFR 137.24-26; see 
also 42 CFR 137.10.

II. Award Information

Type of Award

    Cooperative Agreement.

Estimated Funds Available

    The total amount of funding identified for the current fiscal year 
(FY) 2016 is approximately $600,000. Individual award amounts are 
anticipated to be $120,000. The amount of funding available for 
competing awards issued under this announcement is subject to the 
availability of appropriations and budgetary priorities of the Agency. 
The IHS is under no obligation to make awards that are selected for 
funding under this announcement.

Anticipated Number of Awards

    Approximately five awards will be issued under this program 
announcement.

Project Period

    The project period is for 12 months and will run consecutively from 
July 1, 2016 to June 30, 2017.

Cooperative Agreement

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

Substantial Involvement Description for the TSGP Planning Cooperative 
Agreement

A. IHS Programmatic Involvement
    (1) Provide descriptions of PSFAs and associated funding at all 
organizational levels (Service Unit, Area, and Headquarters), including 
funding formulas and methodologies related to determining Tribal 
shares.
    (2) Meet with Planning Cooperative Agreement recipient to provide 
program information and discuss methods currently used to manage and 
deliver health care.
    (3) Identify and provide statutes, regulations, and policies that 
provide authority for administering IHS programs.
    (4) Provide technical assistance on the IHS budget, Tribal shares, 
and other topics as needed.
B. Grantee Cooperative Agreement Award Activities
    (1) Research and analyze the complex IHS budget to gain a thorough 
understanding of funding distribution at all organizational levels and 
to determine which PSFAs the Tribe may elect to assume or expand.
    (2) Establish a process by which Tribes may approach the IHS to 
identify PSFAs and associated funding that may be incorporated into 
their current programs.
    (3) Determine the Tribe's share of each PSFA and evaluate the 
current level of healthcare services being provided to make an informed 
decision on new or expanded program assumption(s).

III. Eligibility Information

1. Eligibility
    To be eligible for this Limited Competition Planning Cooperative 
Agreement under this announcement, an applicant must:
    A. Be an ``Indian Tribe'' as defined in 25 U.S.C. 450b(e); a 
``Tribal Organization'' as defined in 25 U.S.C. 450b(l); or an ``Inter-
Tribal Consortium'' as defined at 42 CFR 137.10. However, Alaska Native 
Villages or Alaska Native Village Corporations are not eligible if they 
are located within the area served by an Alaska Native regional health 
entity. See Consolidated Appropriations Act, 2014, Public Law 113-76. 
By statute, the Native Village of Eyak, Eastern Aleutian Tribes, and 
the Council for Athabascan Tribal Governments have also been deemed 
Alaska Native regional health entities and therefore are eligible to 
apply. Those Alaska Tribes not represented by a Self-Governance Tribal 
consortium Funding Agreement within their area may still be considered 
to participate in the TSGP.
    B. Demonstrate, for three fiscal years, financial stability and 
financial management capability. The Indian Tribe must provide evidence 
that, for the three years prior to participation in Self-Governance, 
the Indian Tribe has had no uncorrected significant and material audit 
exceptions in the required annual audit of the Indian Tribe's Self-
Determination Contracts or Self-Governance Funding Agreements with any 
Federal agency. See 25 U.S.C. 458aaa-2; 42 CFR 137.15-23.
    For Tribes or Tribal organizations that expended $750,000 or more 
($500,000 for FYs ending after December 31, 2003) in Federal awards, 
the OTSG shall retrieve the audits directly from the Federal Audit 
Clearinghouse.
    For Tribes or Tribal organizations that expended less than $750,000 
($500,000 for FYs ending after December 31, 2003) in Federal awards, 
the Tribe or Tribal organization must provide evidence of the program 
review correspondence from IHS or Bureau of Indian Affairs officials. 
See 42 CFR 137.21-23.
    Meeting the eligibility criteria for a Planning Cooperative 
Agreement does not mean that a Tribe or Tribal organization is eligible 
for participation in the IHS TSGP under Title V of the ISDEAA. See 25 
U.S.C. 458aaa-2; 42 CFR 137.15-23. For additional information on 
eligibility for the IHS TSGP, please visit the Eligibility and Funding 
page on the OTSG Web site, located at: http://www.ihs.gov/SelfGovernance.

    Note: Please refer to Section IV.2 (Application and Submission 
Information/Subsection 2, Content and Form of Application 
Submission) for additional proof of applicant status documents 
required such as Tribal resolutions, proof of non-profit status, 
etc.


[[Page 15528]]


2. Cost Sharing or Matching
    The IHS does not require matching funds or cost sharing for grants 
or cooperative agreements.
3. Other Requirements
    If application budgets exceed the highest dollar amount outlined 
under the ``Estimated Funds Available'' section within this funding 
announcement, the application will be considered ineligible and will 
not be reviewed for further consideration. If deemed ineligible, IHS 
will not return the application. The applicant will be notified by 
email by the Division of Grants Management (DGM) of this decision.
Tribal Resolution
    An Indian Tribe or Tribal organization that is proposing a project 
affecting another Indian Tribe must include resolutions from all 
affected Tribes to be served. Applications by Tribal organizations will 
not require a specific Tribal resolution if the current Tribal 
resolution(s) under which they operate would encompass the proposed 
grant activities.
    An official signed Tribal resolution must be received by the DGM 
prior to a Notice of Award being issued to any applicant selected for 
funding. However, if an official signed Tribal resolution cannot be 
submitted with the electronic application submission prior to the 
official application deadline date, a draft Tribal resolution must be 
submitted by the deadline in order for the application to be considered 
complete and eligible for review. The draft tribal resolution is not in 
lieu of the required signed resolution, but is acceptable until a 
signed resolution is received. If an official signed Tribal resolution 
is not received by DGM when funding decisions are made, then a Notice 
of Award will not be issued to that applicant and they will not receive 
any IHS funds until such time as they have submitted a signed 
resolution to the Grants Management Specialist listed in this Funding 
Announcement.
    An applicant submitting any of the above additional documentation 
after the initial application submission due date is required to ensure 
the information was received by the IHS by obtaining documentation 
confirming delivery (i.e. FedEx tracking, postal return receipt, etc.).

IV. Application and Submission Information

1. Obtaining Application Materials

    The application package and detailed instructions for this 
announcement can be found at http://www.Grants.gov or http://www.ihs.gov/dgm/funding/.
    Questions regarding the electronic application process may be 
directed to Mr. Paul Gettys at (301) 443-2114 or (301) 443-5204.

2. Content and Form Application Submission

    The applicant must include the project narrative as an attachment 
to the application package. Mandatory documents for all applicants 
include:
     Table of contents.
     Abstract (one page) summarizing the project.
     Application forms:
    [cir] SF-424, Application for Federal Assistance.
    [cir] SF-424A, Budget Information--Non-Construction Programs.
    [cir] SF-424B, Assurances--Non-Construction Programs.
     Budget Justification and Narrative (must be single spaced 
and not exceed five pages).
     Project Narrative (must be single spaced and not exceed 
ten pages).
    [cir] Background information on the Tribe or Tribal organization.
    [cir] Proposed scope of work, objectives, and activities that 
provide a description of what will be accomplished, including a one-
page Timeframe Chart.
     Tribal Resolution(s).
     501(c)(3) Certificate (if applicable).
     Biographical sketches for all Key Personnel.
     Contractor/Consultant resumes or qualifications and scope 
of work.
     Disclosure of Lobbying Activities (SF-LLL).
     Certification Regarding Lobbying (GG-Lobbying Form).
     Copy of current Negotiated Indirect Cost rate (IDC) 
agreement (required) in order to receive IDC.
     Organizational Chart (optional).
Public Policy Requirements
    All Federal-wide public policies apply to IHS grants and 
cooperative agreements with exception of the Discrimination policy.
Requirements for Project and Budget Narratives
    A. Project Narrative: This narrative should be a separate Word 
document that is no longer than ten pages and must: Be single-spaced, 
be type written, have consecutively numbered pages, use black type not 
smaller than 12 characters per one inch, and be printed on one side 
only of standard size 8\1/2\'' x 11'' paper.
    Be sure to succinctly address and answer all questions listed under 
the narrative and place them under the evaluation criteria (refer to 
Section V.1, Evaluation criteria in this announcement) and place all 
responses and required information in the correct section (noted 
below), or it shall not be considered or scored. These narratives will 
assist the Objective Review Committee (ORC) in becoming familiar with 
the applicant's activities and accomplishments prior to a cooperative 
agreement award. If the narrative exceeds the page limit, only the 
first ten pages will be reviewed. The ten page limit for the narrative 
does not include the work plan, standard forms, Tribal resolutions, 
table of contents, budget and budget justifications/narratives, and/or 
other appendix items.
    There are three parts to the narrative: Part A--Program 
Information; Part B--Program Planning and Evaluation; and Part C--
Program Report. See below for additional details about what must be 
included in the narrative.
Part A: Program Information (4 Page Limitation)
Section 1: Needs
Introduction and Need for Assistance
    Describe the Tribe's current health program activities, including: 
How long it has been operating, the programs or services currently 
being provided, and if the applicant is currently administering any 
ISDEAA Title I Self-Determination Contracts or Title V Self-Governance 
Compacts. Identify the need for assistance and how the Planning 
Cooperative Agreement would benefit the health activities the Tribe is 
currently administering.
Part B: Program Planning and Evaluation (4 Page Limitation)
Section 1: Program Plans
Project Objective(s), Work Plan and Approach
    State in measurable terms the objectives and appropriate activities 
to achieve the following Cooperative Agreement Recipient Award 
Activities:
    (a) Research and analyze the complex IHS budget to gain a thorough 
understanding of funding distribution at all organizational levels and 
determine which PSFAs the Tribe may elect to assume or expand.
    (b) Establish a process to identify PSFAs and associated funding 
that may be incorporated into current programs.
    (c) Determine the Tribe's share of each PSFA and evaluate the 
current level of health care services being provided to make an 
informed decision on new program assumption(s).
    Describe how the objectives are consistent with the purpose of the

[[Page 15529]]

program, the needs of the people to be served, and how they will be 
achieved within the proposed time frame. Identify the expected results, 
benefits, and outcomes or products to be derived from each objective of 
the project.
Organizational Capabilities, Key Personnel and Qualifications
    Describe the organizational structure of the Tribe and its ability 
to manage the proposed project. Include resumes or position 
descriptions of key staff showing requisite experience and expertise. 
If applicable, include resumes and scope of work for consultants that 
demonstrate experience and expertise relevant to the project.
Section 2: Program Evaluation
    Define the criteria to be used to evaluate planning activities. 
Describe fully and clearly the methodology that will be used to 
determine if the needs identified are being met and if the outcomes are 
being achieved. This section must address the following questions:
    (a) Are the goals and objectives measurable and consistent with the 
purpose of the program and the needs of the people to be served?
    (b) Are they achievable within the proposed time frame?
Part C: Program Report (2 Page Limitation)
    Section 1: Describe major accomplishments over the last 24 months. 
Please identify and describe significant health related accomplishments 
associated with the delivery of quality health services. Provide a 
comparison of the actual accomplishments to the goals established for 
the project period, or if applicable, provide justification for the 
lack of progress. This section should highlight major program 
achievements over the last 24 months.
    Section 2: Describe major activities over the last 24 months. 
Please provide an overview of significant program activities associated 
with the delivery of quality health services over the last 24 months. 
This section should address significant program activities including 
those related to the accomplishments listed in the previous section.
    B. Budget Narrative: This narrative must include a line item budget 
with a narrative justification for all expenditures identifying 
reasonable and allowable costs necessary to accomplish the goals and 
objectives as outlined in the project narrative. Budget should match 
the scope of work described in the project narrative. The page 
limitation should not exceed five pages.

3. Submission Dates and Times

    Applications must be submitted electronically through Grants.gov by 
11:59 p.m. Eastern Daylight Time (EDT) on the Application Deadline Date 
listed in the Key Dates section on page one of this announcement. Any 
application received after the application deadline will not be 
accepted for processing, nor will it be given further consideration for 
funding. Grants.gov will notify the applicant via email if the 
application is rejected.
    If technical challenges arise and assistance is required with the 
electronic application process, contact Grants.gov Customer Support via 
email to [email protected] or at (800) 518-4726. Customer Support is 
available to address questions 24 hours a day, 7 days a week (except on 
Federal holidays). If problems persist, contact Mr. Paul Gettys 
([email protected]), DGM Grant Systems Coordinator, by telephone at 
(301) 443-2114 or (301) 443-5204. Please be sure to contact Mr. Gettys 
at least ten days prior to the application deadline. Please do not 
contact the DGM until you have received a Grants.gov tracking number. 
In the event you are not able to obtain a tracking number, call the DGM 
as soon as possible.
    If the applicant needs to submit a paper application instead of 
submitting electronically through Grants.gov, a waiver must be 
requested. Prior approval must be requested and obtained from Mr. 
Robert Tarwater, Director, DGM. The waiver must: (1) Be documented in 
writing (emails are acceptable), before submitting a paper application, 
and (2) include clear justification for the need to deviate from the 
required electronic grants submission process. A written waiver request 
must be sent to [email protected] with a copy to 
[email protected]. Once the waiver request has been approved, the 
applicant will receive a confirmation of approval email containing 
submission instructions and the mailing address to submit the 
application. A copy of the written approval must be submitted along 
with the hardcopy of the application that is mailed to DGM. Paper 
applications that are submitted without a copy of the signed waiver 
from the Director of Grants Management will not be reviewed or 
considered for funding. The applicant will be notified via email of 
this decision by the Grants Management Officer of the DGM. Paper 
applications must be received by the DGM no later than 5:00 p.m., EDT, 
on the Application Deadline Date listed in the Key Dates section on 
page one of this announcement. Late applications will not be accepted 
for processing or considered for funding.

4. Intergovernmental Review

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

5. Funding Restrictions

     Pre-award costs are not allowable.
     The available funds are inclusive of direct and 
appropriate indirect costs.
     Only one grant/cooperative agreement will be awarded per 
applicant per grant cycle. Tribes cannot apply for both the Planning 
Cooperative Agreement and the Negotiation Cooperative Agreement within 
the same grant cycle.
     IHS will not acknowledge receipt of applications.

6. Electronic Submission Requirements

    All applications must be submitted electronically. Please use the 
http://www.Grants.gov Web site to submit an application electronically 
and select the ``Find Grant Opportunities'' link on the homepage. 
Download a copy of the application package, complete it offline, and 
then upload and submit the completed application via the http://www.Grants.gov Web site. Electronic copies of the application may not 
be submitted as attachments to email messages addressed to IHS 
employees or offices.
    If the applicant receives a waiver to submit paper application 
documents, they must follow the rules and timelines that are noted 
below. The applicant must seek assistance at least ten days prior to 
the Application Deadline Date listed in the Key Dates section on page 
one of this announcement.
    Applicants that do not adhere to the timelines for System for Award 
Management (SAM) and/or http://www.Grants.gov registration or that fail 
to request timely assistance with technical issues will not be 
considered for a waiver to submit a paper application.
    Please be aware of the following:
     Please search for the application package in http://www.Grants.gov by entering the CFDA number or the Funding Opportunity 
Number. Both numbers are located in the header of this announcement.
     If you experience technical challenges while submitting 
your application electronically, please contact Grants.gov Support 
directly at: [email protected] or (800) 518-4726. Customer Support is 
available to address questions 24 hours a day, 7 days a week (except on 
Federal holidays).

[[Page 15530]]

     Upon contacting Grants.gov, obtain a tracking number as 
proof of contact. The tracking number is helpful if there are technical 
issues that cannot be resolved and a waiver from the agency must be 
obtained.
     If it is determined that a waiver is needed, the applicant 
must submit a request in writing (emails are acceptable) to 
[email protected] with a copy to [email protected]. Please 
include a clear justification for the need to deviate from the standard 
electronic submission process.
     If the waiver is approved, the application should be sent 
directly to the DGM by the Application Deadline Date listed in the Key 
Dates section on page one of this announcement.
     Applicants are strongly encouraged not to wait until the 
deadline date to begin the application process through Grants.gov as 
the registration process for SAM and Grants.gov could take up to 
fifteen working days.
     Please use the optional attachment feature in Grants.gov 
to attach additional documentation that may be requested by the DGM.
     All applicants must comply with any page limitation 
requirements described in this Funding Announcement.
     After electronically submitting the application, the 
applicant will receive an automatic acknowledgment from Grants.gov that 
contains a Grants.gov tracking number. The DGM will download the 
application from Grants.gov and provide necessary copies to the 
appropriate agency officials. Neither the DGM nor the OTSG will notify 
the applicant that the application has been received.
     Email applications will not be accepted under this 
announcement.
Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
    All IHS applicants and grantee organizations are required to obtain 
a DUNS number and maintain an active registration in the SAM database. 
The DUNS number is a unique 9-digit identification number provided by 
D&B which uniquely identifies each entity. The DUNS number is site 
specific; therefore, each distinct performance site may be assigned a 
DUNS number. Obtaining a DUNS number is easy, and there is no charge. 
To obtain a DUNS number, please access it through http://fedgov.dnb.com/webform, or to expedite the process, call (866) 705-
5711.
    All HHS recipients are required by the Federal Funding 
Accountability and Transparency Act of 2006, as amended (``Transparency 
Act''), to report information on sub-awards. Accordingly, all IHS 
grantees must notify potential first-tier sub-recipients that no entity 
may receive a first-tier sub-award unless the entity has provided its 
DUNS number to the prime grantee organization. This requirement ensures 
the use of a universal identifier to enhance the quality of information 
available to the public pursuant to the Transparency Act.
System for Award Management (SAM)
    Organizations that were not registered with Central Contractor 
Registration (CCR) and have not registered with SAM will need to obtain 
a DUNS number first and then access the SAM online registration through 
the SAM home page at https://www.sam.gov (U.S. organizations will also 
need to provide an Employer Identification Number from the Internal 
Revenue Service that may take an additional 2-5 weeks to become 
active). Completing and submitting the registration takes approximately 
one hour to complete and SAM registration will take 3-5 business days 
to process. Registration with the SAM is free of charge. Applicants may 
register online at https://www.sam.gov.
    Additional information on implementing the Transparency Act, 
including the specific requirements for DUNS and SAM, can be found on 
the IHS Grants Management, Grants Policy Web site: http://www.ihs.gov/dgm/policytopics/.

V. Application Review Information

    The instructions for preparing the application narrative also 
constitute the evaluation criteria for reviewing and scoring the 
application. Weights assigned to each section are noted in parentheses. 
The ten-page narrative should be written in a manner that is clear and 
concise to outside reviewers unfamiliar with prior related activities 
of the applicant. It should be well organized, succinct, and contain 
all information necessary for reviewers to understand the project 
fully. Points will be assigned to each evaluation criteria adding up to 
a total of 100 points. A minimum score of 60 points is required for 
funding. Points are assigned as follows:

1. Criteria

A. Introduction and Need for Assistance (25 Points)
    Describe the Tribe's current health program activities, including: 
How long it has been operating, programs or services currently being 
provided and if the applicant is currently administering any ISDEAA 
Title I Self-Determination Contracts or Title V Self-Governance 
Compacts. Identify the need for assistance and how the Planning 
Cooperative Agreement would benefit the health activities the Tribe is 
currently administering.
B. Project Objective(s), Work Plan and Approach (25 Points)
    State in measurable terms the objectives and appropriate activities 
to achieve the following Cooperative Agreement Recipient Award 
Activities:
    (1) Research and analyze the complex IHS budget to gain a thorough 
understanding of funding distribution at all organizational levels and 
to determine which PSFAs the Tribe may elect to assume or expand.
    (2) Establish a process to identify PSFAs and associated funding 
that may be incorporated into current programs.
    (3) Determine the Tribe's share of each PSFA and evaluate the 
current level of health care services being provided to make an 
informed decision on new program assumption(s).
    (4) Describe how the objectives are consistent with the purpose of 
the program, the needs of the people to be served, and how the 
objectives will be achieved within the proposed time frame. Identify 
the expected results, benefits, and outcomes or products to be derived 
from each objective of the project.
C. Program Evaluation (25 Points)
    Define the criteria to be used to evaluate planning activities. 
Clearly describe the methodologies and parameters that will be used to 
determine if the needs identified are being met and if the outcomes 
identified are being achieved. Are the goals and objectives measurable 
and consistent with the purpose of the program and meet the needs of 
the people to be served? Are they achievable within the proposed time 
frame? Describe how the assumption of PSFAs enhances sustainable health 
delivery. Ensure the measurement includes activities that will lead to 
sustainability.
D. Organizational Capabilities, Key Personnel and Qualifications (15 
Points)
    Describe the organizational structure of the Tribe and its ability 
to manage the proposed project. Include resumes or position 
descriptions of key staff showing requisite experience and expertise. 
If applicable, include resumes and scope of work for consultants that 
demonstrate experience and expertise relevant to the project.

[[Page 15531]]

E. Categorical Budget and Budget Justification (10 Points)
    Submit a budget with a narrative describing the budget request and 
matching the scope of work described in the project narrative. Justify 
all expenditures identifying reasonable and allowable costs necessary 
to accomplish the goals and objectives as outlined in the project 
narrative.
Additional Documents Can Be Uploaded as Appendix Items in Grants.gov
     Work plan, logic model and/or time line for proposed 
objectives.
     Position descriptions for key staff.
     Resumes of key staff that reflect current duties.
     Consultant or contractor proposed scope of work and letter 
of commitment (if applicable).
     Current Indirect Cost Agreement.
     Organizational chart.
     Map of area identifying project location(s).
     Additional documents to support narrative (i.e. data 
tables, key news articles, etc.).

2. Review and Selection

    Each application will be prescreened by the DGM staff for 
eligibility and completeness as outlined in the funding announcement. 
Applications that meet the eligibility criteria shall be reviewed for 
merit by the ORC based on evaluation criteria in this funding 
announcement. The ORC could be composed of both Tribal and Federal 
reviewers appointed by the OTSG to review and make recommendations on 
these applications. The technical review process ensures selection of 
quality projects in a national competition for limited funding. 
Incomplete applications and applications that are non-responsive to the 
eligibility criteria will not be referred to the ORC. The applicant 
will be notified via email of this decision by the Grants Management 
Officer of the DGM. Applicants will be notified by DGM, via email, to 
outline minor missing components (i.e., budget narratives, audit 
documentation, key contact form) needed for an otherwise complete 
application. All missing documents must be sent to DGM on or before the 
due date listed in the email of notification of missing documents 
required.
    To obtain a minimum score for funding by the ORC, applicants must 
address all program requirements and provide all required 
documentation.

 VI. Award Administration Information

1. Award Notices

    The Notice of Award (NoA) is a legally binding document signed by 
the Grants Management Officer and serves as the official notification 
of the grant award. The NoA will be initiated by the DGM in our grant 
system, GrantSolutions (https://www.grantsolutions.gov). Each entity 
that is approved for funding under this announcement will need to 
request or have a user account in GrantSolutions in order to retrieve 
their NoA. The NoA is the authorizing document for which funds are 
dispersed to the approved entities and reflects the amount of Federal 
funds awarded, the purpose of the grant, the terms and conditions of 
the award, the effective date of the award, and the budget/project 
period.
Disapproved Applicants
    Applicants who received a score less than the recommended funding 
level for approval (60 points) and were deemed to be disapproved by the 
ORC, will receive an Executive Summary Statement from the IHS program 
office within 30 days of the conclusion of the ORC outlining the 
strengths and weaknesses of their application submitted. The OTSG will 
also provide additional contact information as needed to address 
questions and concerns as well as provide technical assistance if 
desired.
Approved But Unfunded Applicants
    Approved but unfunded applicants that met the minimum scoring range 
and were deemed by the ORC to be ``Approved'', but were not funded due 
to lack of funding, will have their applications held by DGM for a 
period of one year. If additional funding becomes available during the 
course of FY 2016, the approved but unfunded application may be re-
considered by the OTSG for possible funding. The applicant will also 
receive an Executive Summary Statement from the OTSG within 30 days of 
the conclusion of the ORC.

    Note: Any correspondence other than the official NoA signed by 
an IHS Grants Management Official announcing to the Project Director 
that an award has been made to their organization is not an 
authorization to implement their program on behalf of IHS.

2. Administrative Requirements

    Cooperative agreements are administered in accordance with the 
following regulations, policies, and OMB cost principles:
    A. The criteria as outlined in this Program Announcement.
    B. Administrative Regulations for Grants:
     Uniform Administrative Requirements for HHS Awards, 
located at 45 CFR part 75.
    C. Grants Policy:
     HHS Grants Policy Statement, Revised 01/07.
    D. Cost Principles:
     Uniform Administrative Requirements for HHS Awards, ``Cost 
Principles,'' located at 45 CFR part 75, subpart E.
    E. Audit Requirements:
     Uniform Administrative Requirements for HHS Awards, 
``Audit Requirements,'' located at 45 CFR part 75, subpart F.

3. Indirect Costs

    This section applies to all grant recipients that request 
reimbursement of indirect costs (IDC) in their grant application. In 
accordance with HHS Grants Policy Statement, Part II-27, IHS requires 
applicants to obtain a current IDC rate agreement prior to award. The 
rate agreement must be prepared in accordance with the applicable cost 
principles and guidance as provided by the cognizant agency or office. 
A current rate covers the applicable grant activities under the current 
award's budget period. If the current rate is not on file with the DGM 
at the time of award, the IDC portion of the budget will be restricted. 
The restrictions remain in place until the current rate is provided to 
the DGM.
    Generally, IDC rates for IHS grantees are negotiated with the 
Division of Cost Allocation (DCA) https://rates.psc.gov/ and the 
Department of Interior (Interior Business Center) https://www.doi.gov/ibc/services/finance/indirect-Cost-Services/indian-tribes. For 
questions regarding the indirect cost policy, please call the Grants 
Management Specialist listed under ``Agency Contacts'' or the main DGM 
office at (301) 443-5204.

4. Reporting Requirements

    The grantee must submit required reports consistent with the 
applicable deadlines. Failure to submit required reports within the 
time allowed may result in suspension or termination of an active 
grant, withholding of additional awards for the project, or other 
enforcement actions such as withholding of payments or converting to 
the reimbursement method of payment. Continued failure to submit 
required reports may result in one or both of the following: (1) The 
imposition of special award provisions; and (2) the non-funding or non-
award of other eligible projects or activities. This requirement 
applies whether the

[[Page 15532]]

delinquency is attributable to the failure of the grantee organization 
or the individual responsible for preparation of the reports. Per DGM 
policy, all reports are required to be submitted electronically by 
attaching them as a ``Grant Note'' in GrantSolutions. Personnel 
responsible for submitting reports will be required to obtain a login 
and password for GrantSolutions. Please see the Agency Contacts list in 
section VII for the systems contact information.
    The reporting requirements for this program are noted below.
A. Progress Reports
    Program progress reports are required semi-annually, within 30 days 
after the budget period ends. These reports must include a brief 
comparison of actual accomplishments to the goals established for the 
period, a summary of progress to date or, if applicable, provide sound 
justification for the lack of progress, and other pertinent information 
as required. A final report must be submitted within 90 days of 
expiration of the budget/project period.
B. Financial Reports
    Federal Financial Report FFR (SF-425), Cash Transaction Reports are 
due 30 days after the close of every calendar quarter to the Payment 
Management Services, HHS at http://www.dpm.psc.gov. It is recommended 
that the applicant also send a copy of the FFR (SF-425) report to the 
Grants Management Specialist. Failure to submit timely reports may 
cause a disruption in timely payments to the organization.
    Grantees are responsible and accountable for accurate information 
being reported on all required reports: The Progress Reports and 
Federal Financial Report.
C. Federal Sub-Award Reporting System (FSRS)
    This award may be subject to the Transparency Act sub-award and 
executive compensation reporting requirements of 2 CFR part 170.
    The Transparency Act requires the OMB to establish a single 
searchable database, accessible to the public, with information on 
financial assistance awards made by Federal agencies. The Transparency 
Act also includes a requirement for recipients of Federal grants to 
report information about first-tier sub-awards and executive 
compensation under Federal assistance awards.
    IHS has implemented a Term of Award into all IHS Standard Terms and 
Conditions, NoAs and funding announcements regarding the FSRS reporting 
requirement. This IHS Term of Award is applicable to all IHS grant and 
cooperative agreements issued on or after October 1, 2010, with a 
$25,000 sub-award obligation dollar threshold met for any specific 
reporting period. Additionally, all new (discretionary) IHS awards 
(where the project period is made up of more than one budget period) 
and where: (1) The project period start date was October 1, 2010 or 
after and (2) the primary awardee will have a $25,000 sub-award 
obligation dollar threshold during any specific reporting period will 
be required to address the FSRS reporting. For the full IHS award term 
implementing this requirement and additional award applicability 
information, visit the DGM Grants Policy Web site at: http://www.ihs.gov/dgm/policytopics/.
D. Compliance With Executive Order 13166 Implementation of Services 
Accessibility Provisions for All Grant Application Packages and Funding 
Opportunity Announcements
    Recipients of federal financial assistance (FFA) from HHS must 
administer their programs in compliance with federal civil rights law. 
This means that recipients of HHS funds must ensure equal access to 
their programs without regard to a person's race, color, national 
origin, disability, age and, in some circumstances, sex and religion. 
This includes ensuring your programs are accessible to persons with 
limited English proficiency. HHS provides guidance to recipients of FFA 
on meeting their legal obligation to take reasonable steps to provide 
meaningful access to their programs by persons with limited English 
proficiency. Please see http://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-proficiency/guidance-federal-financial-assistance-recipients-title-VI/.
    The HHS Office for Civil Rights also provides guidance on complying 
with civil rights laws enforced by HHS. Please see http://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html; and http://www.hhs.gov/civil-rights/index.html. Recipients of FFA also have 
specific legal obligations for serving qualified individuals with 
disabilities. Please see http://www.hhs.gov/civil-rights/for-individuals/disability/index.html. Please contact the HHS Office for 
Civil Rights for more information about obligations and prohibitions 
under federal civil rights laws at http://www.hhs.gov/civil-rights/for-individuals/disability/index.html or call 1-800-368-1019 or TDD 1-800-
537-7697. Also note it is an HHS Departmental goal to ensure access to 
quality, culturally competent care, including long-term services and 
supports, for vulnerable populations. For further guidance on providing 
culturally and linguistically appropriate services, recipients should 
review the National Standards for Culturally and Linguistically 
Appropriate Services in Health and Health Care at http://minorityhealth.hhs.gov/omh/browse.aspx?lvl=2&lvlid=53.
    Pursuant to 45 CFR 80.3(d), an individual shall not be deemed 
subjected to discrimination by reason of his/her exclusion from 
benefits limited by federal law to individuals eligible for benefits 
and services from the Indian Health Service.
    Recipients will be required to sign the HHS-690 Assurance of 
Compliance form which can be obtained from the following Web site: 
http://www.hhs.gov/sites/default/files/forms/hhs-690.pdf, and send it 
directly to the: U.S. Department of Health and Human Services, Office 
of Civil Rights, 200 Independence Ave. SW., Washington, DC 20201.
E. Federal Awardee Performance and Integrity Information System 
(FAPIIS)
    The IHS is required to review and consider any information about 
the applicant that is in the Federal Awardee Performance and Integrity 
Information System (FAPIIS) before making any award in excess of the 
simplified acquisition threshold (currently $150,000) over the period 
of performance. An applicant may review and comment on any information 
about itself that a federal awarding agency previously entered. IHS 
will consider any comments by the applicant, in addition to other 
information in FAPIIS in making a judgment about the applicant's 
integrity, business ethics, and record of performance under federal 
awards when completing the review of risk posed by applicants as 
described in 45 CFR 75.205.
    As required by 45 CFR part 75 Appendix XII of the Uniform Guidance, 
non-federal entities (NFEs) are required to disclose in FAPIIS any 
information about criminal, civil, and administrative proceedings, and/
or affirm that there is no new information to provide. This applies to 
NFEs that receive federal awards (currently active grants, cooperative 
agreements, and procurement contracts) greater than $10,000,000 for any 
period of time during the period of performance of an award/project.
Mandatory Disclosure Requirements
    As required by 2 CFR part 200 of the Uniform Guidance, and the HHS

[[Page 15533]]

implementing regulations at 45 CFR part 75, effective January 1, 2016, 
the Indian Health Service must require a non-federal entity or an 
applicant for a federal award to disclose, in a timely manner, in 
writing to the IHS or pass-through entity all violations of federal 
criminal law involving fraud, bribery, or gratuity violations 
potentially affecting the federal award.
    Submission is required for all applicants and recipients, in 
writing, to the IHS and to the HHS Office of Inspector General all 
information related to violations of federal criminal law involving 
fraud, bribery, or gratuity violations potentially affecting the 
federal award. 45 CFR 75.113

    Disclosures must be sent in writing to: U.S. Department of Health 
and Human Services, Indian Health Service, Division of Grants 
Management, ATTN: Robert Tarwater, Director, 5600 Fishers Lane, 
Mailstop 09E70, Rockville, Maryland 20857. (Include ``Mandatory Grant 
Disclosures'' in subject line.)
    Ofc: (301) 443-5204.
    Fax: (301) 594-0899.
    Email: [email protected].
AND
    U.S. Department of Health and Human Services, Office of Inspector 
General, ATTN: Mandatory Grant Disclosures, Intake Coordinator, 330 
Independence Avenue SW., Cohen Building, Room 5527, Washington, DC 
20201. URL: http://oig.hhs.gov/fraud/reportfraud/index.asp. (Include 
``Mandatory Grant Disclosures'' in subject line.)
    Fax: (202) 205-0604 (Include ``Mandatory Grant Disclosures'' in 
subject line) or
    Email: [email protected].

    Failure to make required disclosures can result in any of the 
remedies described in 45 CFR 75.371 Remedies for noncompliance, 
including suspension or debarment (See 2 CFR parts 180 & 376 and 31 
U.S.C. 3321).

VII. Agency Contacts

    1. Questions on the programmatic issues may be directed to: Jeremy 
Marshall, Program Officer, Office of Tribal Self-Governance, 5600 
Fishers Lane, Mail Stop: 08E05, Rockville, MD 20857.
    Phone: (301) 443-1912.
    Fax: (301) 443-1050.
    Email: [email protected].
    Web site: www.ihs.gov/self-governance.
    2. Questions on grants management and fiscal matters may be 
directed to: Vanietta Armstrong, Grants Management Specialist, 5600 
Fishers Lane, Mail Stop: 09E70, Rockville, MD 20857.
    Phone: (301) 443-4792.
    Fax: (301) 594-0899.
    Email: [email protected].
    3. Questions on systems matters may be directed to: Paul Gettys, 
Grant Systems Coordinator, 5600 Fishers Lane, Mail Stop: 09E70, 
Rockville, MD 20857.
    Phone: (301) 443-2114; or the DGM main line (301) 443-5204.
    Fax: (301) 594-0899.
    Email: [email protected].

VIII. Other Information

    The Public Health Service strongly encourages all cooperative 
agreement and contract recipients to provide a smoke-free workplace and 
promote the non-use of all tobacco products. In addition, Public Law 
103-227, the Pro-Children Act of 1994, prohibits smoking in certain 
facilities (or in some cases, any portion of the facility) in which 
regular or routine education, library, day care, health care, or early 
childhood development services are provided to children. This is 
consistent with the HHS mission to protect and advance the physical and 
mental health of the American people.

    Dated: March 15, 2016.
Elizabeth Fowler,
Deputy Director for Management Operations, Indian Health Service.
[FR Doc. 2016-06559 Filed 3-22-16; 8:45 am]
BILLING CODE 4165-16-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesJune 3, 2016.
FR Citation81 FR 15526 

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