KIVA provides a wide array of technical assistance services to tribal nations, tribal organizations and federal agency service providers. Listed below is a sample of services provided by KIVA
Providing assistance to tribes in evaluating tribal cost allocation plans, indirect cost rate agreements, and assessing the tribe`s recovery of contract support costs to determine and identify contract support cost shortfalls; and reporting such shortfalls to the Bureau of Indian Affairs and Indian Health Service for the annual Contract Support Cost Shortfall Reports. This involves reviewing contract and compact budgets to make sure tribes are receiving full funding for Contract Support Costs, including Direct Contract Support Costs, Pre-Award Costs, and Start-Up Funding in accordance with statutory funding provisions in Public Law 93-638, Indian Self-Determination & Education Act and the Contract Support Cost policies of the Bureau of Indian Affairs and Indian Health Service. Service includes assisting tribes pursue full recovery of Contract Support Costs particularly in light of the June 18, 2012 Supreme Court decision in Salazar v. Ramah Navajo Chapter. Special assistance to help tribes take advantage of the Salazar v. Ramah Navajo Chapter ruling to determine contract support cost shortfalls for fiscal years 1994 through 2001 and providing assistance to obtain full funding.
Assisting tribal nations assume direct operation of federal programs through Self-Determination Contracts and Self-Governance Compacts under Pub. L. 93-638, Indian Self-Determination & Education Assistance Act. Services include program development, preparing contract and compact applications and Annual Funding Agreements; and assistance in contract or compact negotiations; and program implementation. Assistance includes training for tribal staff of fundamentals of Self-Determination Contracts and Self-Governance Compacts to educate them on the sovereign rights acknowledged by the Indian Self-Determination Act.
Assisting tribal nations convert existing programs contracted under Title I of Pub. L. 93-638 Indian Self-Determination & Education Assistanct Act, to Title IV and Title V Self-Governance Compacts. Services include program development, preparing Self-Governance compact applications and Annual Funding Agreements; assistance in negotiations and program implementation. Assistance includes training for tribal staff on the fundamentals of Self-Governance Compacts covering Titles IV and V; and 25 CFR Part 1000.
Assisting tribal nations sanctioned and designated as “high risk” by the Bureau of Indian Affairs. Services include addressing issues such as: delinquent audits, audit findings and disallowed costs; improving internal management and program management capacity. Helping to prepare and negotiate indirect cost rate agreements with the National Business Center. Assistance includes addressing tribal management systems, accounting systems and meeting reporting requirements. Services are provided with the goal of removing “high risk” designation and sanctions imposed by the Bureau of Indian Affairs; and building tribal capacity by instituting long term administrative and contract compliance reforms.
Some tribal nations have difficulty in completing annual audits and indirect cost rate proposals causing contract and grant compliance issues; and which may result in sanctions imposed by Federal funding agencies. Services include helping prepare for annual audits, including preparation of closing entries and drafting Financial Statements. KIVA can address audit findings and disallowed costs and assist with implementatin of corrective action plans. A second component involves compliling financial data needed to prepare and negotiate indirect cost rate proposals while teaching the fundamentals of how to book indirect expenses and recover administrative overhead costs. KIVA, with its expertise, teaches and assists tribes to take full advantage of BIA`s and IHS` Contract Support Cost policies, including Direct Contract Support Costs.
Mediation services in addressing `638 contract declination issues, including serving as the Secretary`s Designated Representative at Informal Conferences. Services include conducting required research and analysis; and issuing the Recommended Decision within the prescribed regulatory time frames to the Federal agency. Service also includes providing assistance to tribal nations to assert their rights, including, but not limited to, serving as the tribe`s representative during the contract declination hearings and subsequent events. Assistance includes assisting tribal nations and federal funding agencies address declination issues and making improvements to overcome the declination issues; and helping build tribal capacity by instituting long term administrative and contract compliance reforms.
Assisting tribal nations and federal agencies resolve contract disputes, including but not limited to, resolving disallowed contract costs. The Indian Self-Determination Act provides for Alternative Dispute Resolution (ADR) process but tribal nations rarely use these venues in settling contract disputes. KIVA, with its special expertise in the Indian Self-Determination Act, successfully assisted tribes and tribal organizations resolve millions of dollars in disallowed costs to the satisfaction of both parties; and realizing considerable cost savings to tribal nations and the federal finding agencies. This process typically includes detailed analyses of program expenditures and determining the proper or inproper expenditure of contract and grant funds, and making recommendations to the parties resolution and agreement. An end result is often removal of the sanctions and “high risk” designation imposed on tribal nations and tribal organizations by federal agencies; and reinstatement or reduction in the amount of disallowed costs.
Assisting tribal nations and organizations strengthen and improve their management systems and policies including: financial management, property management, procurement management, personnel management; and record-keeping systems. A prerequisite to receiving federal funding is for tribal nations and organizations to have in place, the required management systems that comply with Office of Management & Budget circulars, contracts and grants; and which provide for internal controls and “checks and balances”. In addition, tribal nations have sovereign rights to impose their own tribal policies and procedures in how they manage their programs and funds. Services include reviewing existing management policies and procedures and providing updates to strengthen and improve the policies; and to provide requisite training to tribal elected officials and tribal managers.
Facilitating and assisting tribal nations and tribal organizations develop or update tribal strategic plans, which with special emphasis on identifying tribal cultural values and developing culturally relevant vision and mission statements. KIVA`s services in developmenting tribal strategic plans focuses on capturing traditional values and belifs. This involves a look back to the traditional knowledge, teachings and values; and relies heavily on the wisdom and teachings of elders, oral history and traditional knowledge. KIVA`s facilitators are tribal members with roots to traditional teachings and values, with years of experience in tribal governance and federal programs.
Native Justice Project is a special initiative of KIVA to assist tribal nations with preparation, implementation, and compliamce with the Tribal Law and Order Act of 2009. Services will include tribal court evaluations, training fr tribal judges and tribal court advocates, and improving and strengthening tribal criminal and civil codes. Services will include developing tribal justice programs to provide for clarification of responsibilities of federal, state, country and tribal governments with respect to crimes commited in Indian Country; providing for communication and coordination among agencies; and assistance in developing crime information collection and reporting systems.
A separate and independent component of this initiative involves establishing new tribal courts where tribes are currently serves trhough Federal CFR courts. This service include developing tribal criminal and civil codes and ordinances; evaluating tribal constitutions and if necessary, assisting in making amendments to them; and developing and assessing organizational structures; including staffing plans and appointment of judges. Services include developing judge and staff development plans and providing appropriate training, including training for tribal court advocates. Assistance will include development of automated case management systems as appropriate.
Techincial assistance to bring tribal transportation projects to “shovel ready” condition including transportation planning, conducting road surveys; developing Plans. Specifications and Estimates (PSE`s) and conducting environmental and cultural preservation clearances, and obtaining Rights-of-Way (ROWs). Services include developing Transportation Improvement Programs (TIP), Long Range Transportation Plans (LRTP); and preparing contract bid specifications. Services may include assistance in preparing initial `638 Contract applications or Self-Governance Compact addenda; and Annual Funding Agreements to the Bureau of Indian Affairs (or to the Federal Highway Administration); securing funding through such programs as High Priority Project (HPP) and TIGER funding; and assisting in competitive bidding process, contract administration and closeout.
A new initiative involves providing Construction Management Services under a new Tribal Project Advisors partnership. Technical guidance and assistance will be provided for tribal construction projects including tribal jails, justice centers, schools, health clinics, roads and bridges, and renewable energy projects with a special focus on tribal rights acknowledged by the Indian Self-Determination Act. Services include serving as the Owner`s Representative during the planning, design, construction, and post-construction phases. Assistance includes defining the responsibilities of the project management team,organizing and leading by developing the project delivery strategy, implementing project controls, defining roles and responsibilities, developing communication protocols, and identifying the elements of project design and construction service. Tasks include preparation of contracts and subcontracts for design, environmental and cultural preservation clearances; development of engineers` cost estimates, construction project budgets, competitive bidding process; and contract negotiation and awards and contract monitoring; and liaison with federal funding agencies on behalf of Project Owners. Tribal Project Advisors have years of specialized experience in Indian Country with specialized expertise in addressing tribal sovereignty issues, and other issues unique to Indian Country.
KIVA provides a variety of services to promote tribal capacity building. Services include organizational development, supervisory and leadership training; community development including land use planning, infrastructure development (water and sewer systems, roads construction and maintenance, electrical services, telephone services), housing programs, etc. Services may include assistance in organizational budget development that is tied to the community`s strategic plan; and seeking and securing funding to implement plans and projects.
Other Technical Services
KIVA provides customizd services as may be required by tribal nations, tribal organizations and Federal agency service providers, including, but not limited to:
- Tribal Governance and Leadership
- Tribal Constitution Revisions
- Organization Development and Leadership
- Legislative Strategies
- Grant Writing and Administration
- Economic Development
- Alternative Energy Development
- Human Resource Programs
- Management and Leadership Development & Training
- Program Assessments and Performance Measures
KIVA`s on-site technical services are based on the actual needs of the client. Our staff has years of practical experience and can understand and deliver the type of services needed by our clients. We understand and respect tribal traditions and cultural values. Our services are not limited to one-time service. We provide follow-up services to make sure the advice and assistance we provide works for you.