Grants To and Contracts With Tribal Nations and Other Federally Recognized Tribes

Policy

This policy is a State Controller Contract, Grant, and Purchase Order Policy under the State Fiscal Rules promulgated pursuant to C.R.S. § 24-30-202. State Agencies and Institutions of Higher Education (IHEs) shall include all of the provisions outlined in this policy in all State Contracts in accordance with Fiscal Rule 3-3 and Grants in accordance with Fiscal Rule 3-4. For the purposes of this policy, State Contracts and Grants are both considered to be “Agreements.”

Introduction

Grants and Contracts between the State and Tribal Nations or Other Federally Recognized Tribes, as defined below, are government-to-government transactions. Special bodies of law, including Indian and federal law, may govern aspects of such transactions. For this reason, in order to honor the law of Tribal Nations and Other Federally Recognized Tribes standards and etiquette, Grants to and Contracts with Tribal Nations or Other Federally Recognized Tribes require additional review    State Agencies entering into such agreements shall comply with this Policy.

Definitions

• CCIA. The Colorado Commission on Indian Affairs (CCIA), established within the Office of the Lieutenant Governor by C.R.S. § 24-44-101, et seq.
• Contract. A Contract is an exchange transaction in which the State Agency or IHE pays for a good or service, the contractor delivers the good or provides the service to the State Agency or IHE, the State Agency or IHE directly benefits from the good or service, and the State Agency or IHE pays the contractor fair and reasonable value for the good or service so that the State Agency or IHE and contractor each receive something of approximately the same value. In a Contract, the State Agency or IHE accepts goods directly for its own use, or in the case of services, monitors the outcome and deliverables produced by the contractor in the course of conducting the service.
• Grant. A Grant is a non-exchange transaction in which a State Agency or IHE does not receive something of value or receives value that is less than the amount provided by the State Agency or IHE to the subrecipient. A Grant is an agreement where a State Agency or IHE (grantor/pass-through) provides funds to another party (grantee/subrecipient), either public or private, that directly benefits grantee/subrecipient and/or the group it serves or represents, the grantor/pass- through entity does not receive a direct benefit. Typically, the only deliverables required of the grantee/subrecipient is one or more written reports and an accounting of the use of grant funds.
• Indian Tribe or Indian Tribes. Either or both of the Ute Mountain Ute Tribe and the Southern Ute Indian Tribe.
• Other Federally Recognized Tribes. Any tribal government that is not an Indian Tribe as defined above.
• Tribal Templates. The Tribal Grant Template and the Tribal Contract Template, or each and any of them issued or as amended from time to time by the Office of the State Controller.

General Rules

• Contracting with Indian Tribes
  • Grants. The Tribal Grant Template shall be the only commitment voucher form used to document Grants to an Indian Tribe, regardless of the maximum dollar amount.
  • Contracts. The Tribal Contract Template shall be the only commitment voucher form used to document Contracts with an Indian Tribe, regardless of the maximum dollar amount.
  • Tribal Template Modification Approval Process.
    • The State Agency shall submit the negotiated Tribal Grant or Contract to the Central Contract Unit (CCU) to determine if any changes that were made to the Tribal Grant or Contract Template are material.
    • If the CCU determines that the changes to the Tribal Grant or Contract Template are not material, the State Agency may proceed with execution of the Grant or Contract with the Indian Tribe.
    • If the CCU determines that the changes to the Tribal Grant or Contract Template are material, then the CCU shall review and approve the Tribal Grant or Contract Template in writing.
  • No Purchase Orders. Purchase Orders, whether in paper or electronic format, shall NOT be used as a commitment voucher for Grants, Contracts or other expense transactions with an Indian Tribe.
• Contracting with Other Federally Recognized Tribes. Because the law of Tribal Nations and Other Federally Recognized Tribes standards and etiquette, commitment vouchers to Other Federally Recognized Tribes require the approval and signature of the State Controller or a CCU Controller delegate.

Due Diligence and Compliance

For all Grants and Contracts with Indian Tribes, State Agencies and IHEs that follow State Fiscal Rules shall conduct due diligence in compliance with the requirements of applicable laws, regulations and funding sources, including 2 CFR Chapter I, Chapter II, Part 200, et seq., both before and during the term of a grant or contract. The following areas are of particular importance.

• Risk Assessment. Conduct risk assessment in accordance with laws, regulations, and funding source requirements.
• Payments. Include payment provisions that reflect reimbursement or payment only after goods are delivered or services rendered. If the nature of the Grant requires advance payment terms, the State Agency or IHE shall first request and obtain prior approval from the Office of the State Controller.
• Reporting. Enforce compliance with all reporting obligations set forth in the Grant, Contract, or funding source. Review and follow up on all submitted reports.
• Monitoring. Perform all monitoring activities set forth in the Grant or Contract or as required by the funding source. Promptly review and follow up on monitoring results. State employees and State subrecipients conducting monitoring activities on Indian Tribal land (as defined in the Tribal Grant Agreement) shall familiarize themselves and comply with local tribal laws.
• Dispute Resolution. State Agencies and IHEs shall not terminate or otherwise enforce Grant or Contract remedies without first seeking the guidance of the CCIA Executive Director and the Office of the State Controller.

 State Controller Policies

• View Policies & Guidance
• View Contract Policies