Bureau of Indian AffairsAlaska Region

P638 Contracts & Grants (Roads)

BIA Roads Contracting Staff

Dolores M. Ayotte, Awarding Official, Level II, (907) 271-4086

E. Marlane Shanigan, Awarding Official Level 1, (907) 271-4171

Norma Jean Dunne, Awarding Official. Level 1, (907) 271-4170

OVERVIEW Road Construction Contracts (Standards) 638 Proposal/Responsibilities Management Systems Payments Direct vs. Indirect Costs Audits Reports Modifications Close-Outs

All 638 Contract Proposals Must Contain the

Following:

Standards 900.125 (a) 1 through 11 A construction contract proposal

shall contain descriptions of the standards under which the tribe will operate the contract

Statements 900.125 (b) 1 through 10 The tribe shall also include

statements in its construction contract proposal.

Assurances 900.125 (c) 1 through 8 The tribe will provide assurances in

its contract proposal.

STANDARDS 900.125 (a)1. provisions regarding the use of licensed and

qualified architects2. applicable health and safety standards3. adherence to applicable Federal, State and local or

tribal building codes and engineering standards4. structural integrity5. accountability of funds6. adequate competition for subcontracting under

tribal or other applicable law7. the commencement, performance and completion

of the contract8. adherence to the project plans and specifications

(including any applicable Federal construction guidelines and manuals)

9. the use of proper materials and workmanship10. necessary inspection and testing11. a process for changes, modifications, stop work

and termination of the work warranted

STATEMENTS 900.125 (b)1. For Design contracts, the construction documents will be

produced in accordance with the SOW.2. The facility will be built in accordance with the construction

documents produced as a part of design activities. The project documents, including plans and specifications, are hereby incorporated into this contract through this reference.

3. Proposed methods to accommodate the responsibilities of the BIA from 900.131.

4. Proposed methods to accommodate the responsibilities of the Tribe from 900.130.

5. Contract Budget as described in 900.1276. Period of Performance7. Payment Schedule as described in 900.1328. Statement indicating whether tribe has a CMS contract9. Current authorizing resolutions10. Any additional responsibilities of the BIA in addition to

900.131

ASSURANCES 900.125 (c)

1. Assurance for Real Property titles 2. Lead-Based Paint Poisoning Prevention Act3. Title II and III of the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970

4. Davis Bacon Act (except for work performed by tribal employees)

5. Flood Disaster Protection Act of 19736. Compliance with all applicable Federal

environmental laws, regulations, and Executive Orders

7. Wild and Scenic Rivers Act of 19688. Section 106 of the National Historic

Presentation Act of 1974

Role of the Tribe 900.130 (a)

The Tribe is responsible for the successful completion of the project in accordance with the approved contract documents.

Role of the Tribe 900.130 (c)

Subcontract with licensed and qualified consultants.

Administer and dispense funds in accordance with 900.42-45, 900.51 & 900.60

Construct the project in accordance with project construction documents.

Direct consultants and contractors , facilitate the flow of information, resolve disputes, monitor work of subcontractors.

Make project documents available to the BIA.

Provide a contract close out report.

Role of the BIA 900.131 (b)

Encourage full Tribal participation Promptly notify Tribe of concerns and issues Final Environmental Determinations Approve Changes to the Contract Perform Monthly Monitoring Require the Tribe to Suspend Work Perform Final Inspection Terminate the Project for Cause - for non compliant

work Terminate the Project for Convenience - with Tribal

agreement

Management Systems 25 CFR 900.35 – 60 Subpart F

Financial Trace all contract funds Submit financial reports Maintain records showing how $ was spent Account for Real, personal property & other assets Have Budget Controls Must be Allowable (OMB A-87)

Procurement Insure Vendors/Subcontractors follow Tribes procurement

policies Govern Performance of its employees Provide for full and open competition Define “major procurement” Transaction

Management Systems - Cont

Property Account for ALL property , requirements for

use, care, maintenance, & disposition Be in accordance with tribal law & procedures Tract personal property $5,000 Sensitive personal property (firearms)

Management Systems – Property

Accurately describe the property, serial number, source, title holder, acquisition date, cost, location, use and condition

Inventory every 2 years

Property Transferred Real & Personal Property donated after

10/15/94 under PL 93-638 shall automatically vest with the Tribe

(11/09/2000 BIA Memorandum from Chief Financial Officer, Office of Management & Administration)

Payments

All awards are made under a Fixed-Price type contract

You will be receive instructions on the new ASAP

If not enrolled and you do receive grant funding through BIA, it is highly recommended that ASAP enrollment be completed as soon as possible.

Federal Business Management

Systems

FBMS is an integrated DOI program replacing FFS

Contains financial, acquisition, real and personal property management

BIA FBMS SharePoint Site

INDIRECT COSTS

Deborah Moberly, Indirect Cost Services Coordinator

Acquisitions Services DirectorateNational Business Center, DOI

916-566-7105Deborah_A_Moberly@nbc.gov

Indirect v. Direct Costs

Costs that support all programs or activities (indirect), and

Costs that directly benefit individual programs or activities (direct)

Indirect v. Direct

Accounting Audit Human Resources Executive Director & Receptionist Payroll Communications Rent Utilities Bank Charges Insurance

• Salaries• Fringe Benefits• Office Supplies• Purchases• Travel• Depreciation• Printing/Copying• Equipment Lease/• Repair • Minor Equipment

Audits

If a Tribe spends more than $500,000 in total federal financial assistance, it must send a Single Audit w/Form SF-SAC to the Federal Clearing House plus one additional copy for each funding agency that has a finding.

Audits

The Tribe must also send 2 copies of the audit to the Office of Audit & Evaluation, Office of the Asst. Secretary, Indian Affairs, DOI, Paker Building, 2051 Mercator Drive, Reston, VA 21092 703-390-6357

Reporting!

SF-269  Reports Totals amount paid out by the tribe previously and

in the current period Contract Amount Unobligated Balance   SF-425 Reports Cumulative total of what the tribe has drawn down Total amount paid out by the tribe Contract Amount Unobligated Balance

Reporting!

FINAL FINANCIAL REPORT Contractor Name: Invoice No.: FINAL .

FY-_________ Contract Number: Date:_______________ __. Months of: .

A B C D E F G Line Item No.

Account Description

Original Budget

Current Expenditures

Prior Expenditures

Year to Date Expenditures

Balance

Totals: Total Expenditures Less reimbursement of advance, if any: Total reimbursement claimed: In accordance with the Contract and this reimbursement request, the CONTRACTOR/SUBCONTRACTOR CERTIFICATION: I hereby certify that this report Contractor/Subcontractor is entitled to payment in the amount shown is true and correct to the best of my knowledge and that all expenditures reported above. herein have been made in accordance with the appropriate contract policies and for the purpose set forth in the application and award.

Name:________________________________________ Date:____________ (X) Name:______________________________________ Date:________________ CONTRACT OFFICER REPRESENTATIVE CONTRACTOR/SUBCONTRACTOR

SF269a

SF425

Progress and Financial Reports 900.130 (c) (7) (Quarterly Reports)

Narrative describing work accomplished.

The percentage of the work completed.

A report of funds expended for the period and for the entire project.

Initial Schedule of Values and any updates.

Initial Work schedules and any updates.

Technical Support 900.122 (a)

The BIA provides the Tribe with assistance in all technical matters including: Proposal preparation Advance Payments Quarterly Reports Modifications Providing documentation, records

reports, etc.

Modifications 900.130 (c) (5)

The Tribe may NOT issue a change order to a construction subcontractor that:will exceed the contract

budgetwill exceed the performance

periodis a significant departure from

the scope or objective of the project

Modification Process Tribe requests a modification in writing to

BIA Roads.

BIA Roads forwards to BIA Contracting.

AFTER the BIA AO and the Tribe have both signed the modification, work on changes can be made.

Close-Outs Final Financial Status Reports Final Narrative Report (be sure to state

what the deliverables were and if they were accomplished)

Audit (if any) Release of Claims Equipment Report

Questions?