Chapter IHS 8-78

GUIDELINES FOR SELECTION OF INSTRUMENT FOR USE WITH NON-IHS ENTITIES

IHS Chapter 8-78 General Administration Manual
IHS Transmittal 90.02 (05/17/90)

SUBJECT:  GUIDELINES FOR SELECTION OF INSTRUMENT FOR USE WITH NON-IHS ENTITIES

IHS 8-78-00 Purpose and Scope
8-78-10 Policy
8-78-20 Selection of Award Instrument
8-78-30 Classes and Types of Instruments

8-78-00  PURPOSE AND SCOPE

The purpose of this Chapter is to specify the policy and provide guidelines that apply to the use and award of the various instruments available to IHS.

The Indian Health Service (IHS) routinely enters into a number of different arrangements with a variety of organizations for the purpose of accomplishing its mission of assuring adequate health care for American Indians and Alaska natives.  Arrangements may be formalized in several types of these instruments, e.g., contracts, grants, cooperative agreements, interagency or intra-agency agreements, and other types of agreements.

Because it is sometimes difficult to determine when a particular instrument should be used, this Chapter establishes the framework for IHS organizations to use in selecting the appropriate instrument.  This Chapter is also intended to standardize the terminology and the criteria for selection of those various instruments.  The policy prescribed herein applies to all IHS components.

8-78-10  POLICY

It is the policy of IHS to use the appropriate instrument, as governed by law, regulation, and policy, when entering into a relationship with other Federal or non-Federal entities in furtherance of the IHS mission.

8-78-20  SELECTION OF AWARD INSTRUMENT

The selection of the appropriate instrument depends, among other things, on the activity undertaken, legislative authority, IHS role, financial arrangements, and the type of resources involved.  In determining which is the proper Instrument, IHS organizations shall follow the procedures set forth in this Chapter and in the policies referenced below to ensure that the selected instrument meets the criteria for use.

8-78-30  CLASSES AND TYPES OF INSTRUMENTS

The instruments employed to consummate binding relationships between IHS and other entities fall into three distinct classes.  The following provides, by class, a description of each instrument, an explanation of when its use is appropriate, the relevant regulations/policies pertaining to each instrument, and the IHS focal point (the office responsible for providing guidance on use of the instrument which, except for the Division of Management Policy which has no signatory authority, is also the office having the authority to execute the instrument):

1. Agreements with Federal Entities (with or without the transfer of funds);

   It is the policy of IHS to use interagency or intra-agency agreements, as appropriate, to consummate arrangements with other Federal entities.

   1. Interagency and Intra-Agency Agreements
      1. An interagency agreement shall be used when IHS enters into arrangements with non-HHS Federal agencies for the purpose of providing or receiving supplies or services.  An intra-agency agreement is to be used when IHS enters into arrangements with other HHS organizations for the purpose of providinge or receiving supplies or services.
      2. The IHS focal point is the Division of Management Policy, Office of Administration and Management.
      3. Applicable requirements are found in the HHS General Administration Manual Chapter 8-77, "Agency Agreements," the PHS supplement thereto, and IHS implementing memoranda.
2. Agreements with Non-Federal Entities that involve the Transfer of Federal Funds (or property in lieu of funds)

   It is the policy of IHS to use traditional grants, cooperative agreements, and contracts, as provided in the Federal Grant and Cooperative Agreement Act, when entering into agreements with non-Federal entities that involve the transfer of Federal funds or property in lieu of funds.  However, other instruments, such as memoranda of agreement or Indian Self-Determination contracts, may be used when authorized by statute.

   1. Memoranda of Agreement
      1. A memorandum of agreement is to be used when IHS carries out its functions of providing sanitation facilities and services pursuant to Section 7 of the Transfer Act which incorporates all of P.L. 86-121, "The Indian Sanitation Facilities Act."
      2. The IHS focal point is the Office of Environmental Health and Engineering.
      3. Applicable requirements are found in the Indian Sanitation Facilities Act (P.L. 86-121), IHS Circular No. 62-15, "Method of Conduct-Indian Sanitation Facilities Construction Activity Authorized Under P.L. 86-121" and the "Criteria for Sanitation Facility Construction," issued February 6, 1984.
   2. Self-Determination Contracts (other than construction)
      1. A self-determination contract is to be used when IHS, pursuant to the Indian Self-Determination and Education Assistance Act (P.L. 93-638, as amended), enters into agreements with Indian tribes or tribal organizations to plan, conduct, and administer programs or services which are otherwise provided to Indian tribes and their members pursuant to law and the transaction's purpose is not to acquire something for direct benefit or use of the Government.
      2. The IHS focal point is the cognizant Contracting Officer.
      3. Applicable requirements are found in the Indian Self-Determination and Education Assistance Act (P.L. 93-638, as amended), implementing regulations, and Indian Self-Determination memoranda.
   3. Procurement Contracts
      1. A procurement contract is to be used when the principal purpose of a relationship between IHS and a non-Federal entity is acquisition by IHS of property or services for the direct benefit or use of the Government.  (Includes construction contracts under P.L. 93-638, as amended).
      2. The IHS focal point is the cognizant Contracting Officer.
      3. Applicable requirements for administration of procurement contracts are found in the Federal, HHS and PHS Acquisition Regulations, P.L. 93-638, as amended, and implementing regulations for construction contracts under P. L. 93-638.
   4. Grants and Cooperative Agreements
      1. A grant is to be used when the principal purpose of a relationship is the transfer of money or property in lieu of funds by IHS to a non-Federal entity for the purpose of carrying out a public purpose of support or stimulation authorized by statute; the transaction is not to acquire something for the direct benefit or use of the Government.  A cooperative agreement is to be used when the same criteria for use of the grant prevail and it is anticipated that IHS will be substantially involved in the proposed effort.
      2. The IHS focal point is the Chief, Grants Management Branch, Division of Acquisition and Grant Operations, Office of Administration and Management.
      3. Applicable requirements for administration of grants and cooperative agreements are found in the PHS Grants Administration Manual, PHS Grants Policy Statement and in 45 CFR Parts 74 and 92.
3. Agreements with Non-Federal Entities that do not Involve the Transfer of Federal Funds (or property in lieu of funds)

   Collaborative Agreements

   1. A collaborative agreement is to be used to formalize collaborative arrangements with non Federal entities when such arrangements do not involve the transfer of Federal funds (or property in lieu of funds).
   2. The IHS focal point is the Division of Management Policy, Office of Administration and Management.
   3. Applicable requirements are found in the IHS General Administration Manual Chapter 8-79, "Use Of Collaborative Agreements."