Opportunity Information: Apply for HHS 2013 IHS TSGN 0001
Apply for HHS 2013 IHS TSGN 0001
- The Indian Health Service in the health sector is offering a public funding opportunity titled "Tribal Self Governance Program, Negotiation Cooperative Agreement" and is now available to receive applicants.
- Interested and eligible applicants and submit their applications by referencing the CFDA number(s): 93.444 Tribal Self Governance Program Planning and Negotiation Cooperative Agreement.
- This funding opportunity was created on Jun 24, 2013 and posted on Jun 24, 2013.
- Applicants must submit their applications by Jul 31, 2013. (Agency may still review applications by suitable applicants for the remaining/unused allocated funding in 2026.)
- The funding agency has allocated a total of $240,000.00 to eligible and selected applicants.
- Each selected applicant is eligible to receive up to $48,000.00 in funding.
- The number of recipients for this funding is limited to 5 candidate(s).
- Eligible applicants include: Native American tribal governments (Federally recognized) Others (see text field entitled Additional Information on Eligibility for clarification) Native American tribal organizations (other than Federally recognized tribal governments).
- To be eligible for this Limited Competition Negotiation Cooperative Agreement under this announcement, an applicant must A. Be an Indian Tribe as defined in 25 U.S.C. 450b(e) a Tribal Organization as defined in 25 U.S.C. 450b(l) or an Inter Tribal Consortium as defined at 42 C.F.R. 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 already participating in the Alaska Trial Health Compact of 1998. See Consolidated Appropriations Act, 2012, Pub. L. No. 112 74. By statue, the Native Village of Eyak, Eastern Aleutian Tribes, and the Council for Athabascan Tribal Governments have also been deemed Alaska Native regional health entities. 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. Submit a Tribal resolution from the appropriate governing body of each Indian Tribe to be served by the ISDEAA Compact authorizing the submission of the Negotiation Cooperative Agreement application. Tribal consortia applying for a TSGP Negotiation Cooperative Agreement shall submit Tribal Council resolutions from each Tribe in the consortium. Tribal resolutions can be attached to the electronic online application. Draft resolutions can be submitted with the application in lieu of an official signed resolution however an official signed Tribal resolution must be received by the Division of Grants Management (DGM) prior to the Objective Review. If the DGM does not receive an official signed resolution by the Review Date listed under the Key Dates section on page one of this announcement, then the application shall be considered incomplete and ineligible for review or further consideration. Official signed resolutions can be mailed to the DGM, Attn Mr. John Hoffman, 801 Thompson Avenue, TMP Suite 360, Rockville, MD 20852. Applicants submitting Tribal resolutions after or aside from the online electronic application submission must ensure that the information is received by the IHS, DGM. It is highly recommended that the documentation be sent by a delivery method that includes delivery confirmation and tracking. Please contact Mr. John Hoffman by telephone at (301) 443 5204 prior to the Review Date regarding submission questions. C. 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 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 C.F.R. 137.15 23. For Tribes or Tribal organizations that expended 300,000 or more (500,000 for Fiscal Years ending after December 31, 2003) in Federal awards, the OTSG shall retrieve the audits directly from the Federal Audit Clearinghouse database. For Tribes or Tribal organizations that expended less than 300,000 (500,000 for Fiscal Years 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 C.F.R. 137.21 23.
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Opportunity Summary:
The Tribal Self Governance Program (TSGP) Negotiation Cooperative Agreement is an Indian Health Service (IHS) funding opportunity meant to help eligible Tribes cover the practical costs of getting ready for, and carrying out, Title V self-governance negotiations. The core idea is straightforward: negotiations to enter TSGP, or to expand an existing self-governance arrangement, take time, staff, technical expertise, and careful coordination. This cooperative agreement is designed to offset those expenses so Tribes can fully participate in a process that is Tribally driven, grounded in the government-to-government relationship, and built around sharing accurate, current program and budget information. The funding supports the work involved in setting Tribal priorities for assuming responsibility over IHS programs, services, functions, and activities (PSFAs), and in shaping the Compact and Funding Agreement that ultimately govern that transfer of responsibility.
The opportunity emphasizes that TSGP negotiations are not a simple “allocation†exercise, but a structured process where Tribal and Federal teams work through program and budget issues in good faith to reach clear, enforceable agreements. The negotiations are described as having four stages: planning, pre-negotiations, negotiations (including final negotiations), and post-negotiations. The planning phase is required under Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA) and must be completed to the Tribe’s satisfaction. It includes legal research, budget research, and internal Tribal government planning and organizational preparation to administer health care programs. Pre-negotiations then focus on reviewing and discussing the issues identified in planning, while also developing draft documents, typically prepared by the Tribe: a draft Compact, a draft Funding Agreement, and a draft funding table. These drafts become the working basis for pre-negotiation discussions and the final negotiation sessions, where the parties agree to the actual terms and provisions.
On the Tribal side, the negotiation team must include a leader from the Tribal governing body (or an authorized designee such as a Tribal Health Director), and can also include technical staff, program staff, legal counsel, and consultants. On the Federal side, the negotiation team is led by the Agency Lead Negotiator (ALN) and generally includes an Office of Tribal Self-Governance (OTSG) program analyst and an Office of the General Counsel representative, with other IHS subject matter experts added as needed. A key detail is that the ALN is the only Federal team member with delegated authority to negotiate on behalf of the IHS Director. After negotiations conclude, the Tribe signs the Compact and Funding Agreement and submits the final package to the ALN for review to confirm the documents reflect what was agreed upon. The package then goes to OTSG for preparation for the IHS Director’s signature. Once signed by both parties, the Compact and Funding Agreement become legally binding and enforceable.
This is a discretionary cooperative agreement in the health category (CFDA 93.444). IHS expected to make 5 awards, with an estimated total funding level of $240,000. Each award is a fixed amount: a $48,000 floor and a $48,000 ceiling, and there is no cost sharing or matching requirement. The funding opportunity number is HHS-2013-IHS-TSGN-0001. It was posted June 24, 2013, with an application deadline of July 31, 2013, and archived August 30, 2013.
Eligibility is limited and specific. Applicants must 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 C.F.R. 137.10. There are Alaska-specific restrictions: Alaska Native Villages or Alaska Native Village Corporations are not eligible if they are located within the area served by an Alaska Native regional health entity already participating in the Alaska Tribal Health Compact of 1998, with additional statutory references and certain entities identified as regional health entities by statute. Alaska Tribes not represented by a self-governance Tribal consortium Funding Agreement within their area may still be considered for TSGP participation, depending on the circumstances described in the announcement.
The application must include formal Tribal authorization. A Tribal resolution is required from the appropriate governing body of each Tribe to be served by the ISDEAA Compact, authorizing submission of the cooperative agreement application. For consortia, resolutions must come from each Tribe in the consortium. Draft resolutions can be submitted initially, but an official signed resolution must reach the IHS Division of Grants Management (DGM) before the objective review date; otherwise the application is treated as incomplete and ineligible for review. The announcement provides mailing details for submitting signed resolutions and recommends using a trackable delivery method.
Applicants must also show financial stability and sound financial management for three fiscal years. Specifically, the Tribe must demonstrate that, for the three years prior to self-governance participation, it had no significant and material audit exceptions in required annual audits of self-determination contracts or self-governance funding agreements with any Federal agency (with citations to ISDEAA and implementing regulations). The process for verifying audits depends on the level of Federal expenditures: for entities meeting the relevant expenditure threshold, OTSG retrieves audits from the Federal Audit Clearinghouse; for those below the threshold, the Tribe or Tribal organization must provide evidence through program review correspondence from IHS or Bureau of Indian Affairs officials.
Finally, the opportunity makes two important clarifications about choice and timing. Receiving a Negotiation Cooperative Agreement is not required to enter TSGP; a Tribe can proceed using its own resources. Likewise, Tribes that receive this cooperative agreement are not obligated to ultimately participate in Title V self-governance and may decide to delay, decline, or not pursue expansion after completing planning and negotiation-related work.
Tribal Self Governance Program (TSGP) Negotiation Cooperative Agreement (HHS-2013-IHS-TSGN-0001) FAQs
What is this funding opportunity?
The Tribal Self Governance Program (TSGP) Negotiation Cooperative Agreement is an Indian Health Service (IHS) discretionary cooperative agreement (CFDA 93.444) intended to help eligible Tribes cover the practical costs of preparing for and conducting Title V self-governance negotiations. The purpose is to support a Tribally driven, government-to-government negotiation process that relies on accurate, current program and budget information.
What is the funding meant to pay for?
The funding is meant to offset expenses connected to getting ready for, and carrying out, Title V negotiations. This includes work involved in setting Tribal priorities for assuming responsibility for IHS programs, services, functions, and activities (PSFAs), and developing the Compact and Funding Agreement that govern the transfer of responsibility.
Is this just an allocation of funds, or is there a negotiation process?
The opportunity stresses that TSGP negotiations are not a simple allocation exercise. They are a structured process where Tribal and Federal teams work through program and budget issues in good faith to reach clear, enforceable agreements.
What are the stages of the negotiation process described in the opportunity?
The opportunity describes four stages: planning, pre-negotiations, negotiations (including final negotiations), and post-negotiations.
What happens during the planning stage?
The planning phase is required under Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA) and must be completed to the Tribe's satisfaction. It includes legal research, budget research, and internal Tribal government planning and organizational preparation to administer health care programs.
What happens during pre-negotiations?
Pre-negotiations focus on reviewing and discussing issues identified during planning and developing draft documents. The drafts are typically prepared by the Tribe and include a draft Compact, a draft Funding Agreement, and a draft funding table. These drafts serve as the working basis for pre-negotiation discussions and for the final negotiation sessions.
What happens during negotiations and final negotiations?
During negotiations, the parties work through program and budget issues and agree to the actual terms and provisions that will appear in the Compact and Funding Agreement. Final negotiations refer to the concluding negotiation sessions where terms are finalized.
What happens after negotiations conclude (post-negotiations)?
After negotiations conclude, the Tribe signs the Compact and Funding Agreement and submits the final package to the Agency Lead Negotiator (ALN) for review to confirm the documents reflect what was agreed upon. The package then goes to the Office of Tribal Self-Governance (OTSG) to prepare it for the IHS Director's signature. Once signed by both parties, the Compact and Funding Agreement become legally binding and enforceable.
Who must be on the Tribal negotiation team?
The Tribal negotiation team must include a leader from the Tribal governing body, or an authorized designee (such as a Tribal Health Director). The team can also include technical staff, program staff, legal counsel, and consultants.
Who is on the Federal negotiation team?
The Federal negotiation team is led by the Agency Lead Negotiator (ALN) and generally includes an OTSG program analyst and an Office of the General Counsel representative. Other IHS subject matter experts may be added as needed.
Who has authority to negotiate on behalf of IHS?
The Agency Lead Negotiator (ALN) is the only Federal team member with delegated authority to negotiate on behalf of the IHS Director.
What documents are developed as part of the negotiation process?
The opportunity describes draft documents typically prepared by the Tribe: a draft Compact, a draft Funding Agreement, and a draft funding table. These drafts are used during pre-negotiations and negotiations and are refined into final, signed agreements.
What is the Compact and what is the Funding Agreement in this context?
Based on the opportunity description, the Compact and Funding Agreement are the final negotiated documents that govern the transfer of responsibility for agreed-upon IHS PSFAs. Once signed by both parties, they are legally binding and enforceable.
How many awards did IHS expect to make, and what was the total funding level?
IHS expected to make 5 awards with an estimated total funding level of $240,000.
How much funding is available per award?
Each award is a fixed amount of $48,000. The opportunity lists both a $48,000 floor and a $48,000 ceiling, meaning the award amount is fixed at $48,000.
Is there any cost sharing or matching requirement?
No. The opportunity states there is no cost sharing or matching requirement.
What is the funding opportunity number and CFDA number?
The funding opportunity number is HHS-2013-IHS-TSGN-0001, and the CFDA number is 93.444.
When was the opportunity posted and when was the application due?
The opportunity was posted on June 24, 2013. The application deadline was July 31, 2013. The opportunity was archived on August 30, 2013.
Who is eligible to apply?
Eligibility is limited to applicants that meet one of the following definitions: 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 C.F.R. 137.10.
Are there Alaska-specific eligibility restrictions?
Yes. Alaska Native Villages or Alaska Native Village Corporations are not eligible if they are located within the area served by an Alaska Native regional health entity already participating in the Alaska Tribal Health Compact of 1998. The opportunity also references additional statutory authorities and identifies that certain entities are regional health entities by statute.
Can Alaska Tribes still be considered in some cases?
Yes. The opportunity indicates that Alaska Tribes not represented by a self-governance Tribal consortium Funding Agreement within their area may still be considered for TSGP participation, depending on the circumstances described in the announcement.
Is a Tribal resolution required with the application?
Yes. A Tribal resolution is required from the appropriate governing body of each Tribe to be served by the ISDEAA Compact, authorizing submission of the cooperative agreement application.
If applying as a consortium, whose resolutions are required?
For consortia, resolutions must come from each Tribe in the consortium.
Can a draft Tribal resolution be submitted initially?
Yes. Draft resolutions can be submitted initially, but an official signed resolution must reach the IHS Division of Grants Management (DGM) before the objective review date.
What happens if the signed resolution is not received in time?
If the official signed resolution does not reach the IHS Division of Grants Management (DGM) before the objective review date, the application is treated as incomplete and ineligible for review.
How should signed Tribal resolutions be submitted?
The opportunity provides mailing details for submitting signed resolutions and recommends using a trackable delivery method.
What financial management and audit history is required to participate?
Applicants must demonstrate financial stability and sound financial management for three fiscal years. Specifically, the Tribe must show that for the three years prior to self-governance participation, it had no significant and material audit exceptions in required annual audits of self-determination contracts or self-governance funding agreements with any Federal agency, as referenced in ISDEAA and implementing regulations.
How are audits verified for entities with higher levels of Federal expenditures?
For entities meeting the relevant Federal expenditure threshold, the Office of Tribal Self-Governance (OTSG) retrieves audits from the Federal Audit Clearinghouse.
How are audits verified for entities below the expenditure threshold?
For entities below the threshold, the Tribe or Tribal organization must provide evidence through program review correspondence from IHS or Bureau of Indian Affairs officials.
Is receiving this cooperative agreement required to enter TSGP?
No. The opportunity clarifies that receiving a Negotiation Cooperative Agreement is not required to enter TSGP. A Tribe can proceed using its own resources.
If a Tribe receives the award, must it ultimately enter Title V self-governance or expand an existing arrangement?
No. The opportunity states that Tribes receiving this cooperative agreement are not obligated to ultimately participate in Title V self-governance and may decide to delay, decline, or not pursue expansion after completing planning and negotiation-related work.
What is the overall goal of supporting negotiations through this cooperative agreement?
The goal is to ensure Tribes can fully participate in negotiations that take time, staff, technical expertise, and careful coordination, and to support the development of clear, enforceable agreements based on accurate, current program and budget information.
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