$750; Contract Appeals & Disputes under Pub. L. 93-638 9/23 – 9/24

Pub. L. 93-638, Indian Self-Determination & Education Assistance Act provides that tribal nations and tribal organizations operating programs under the Act may file an appeal of pre-award decisions rendered by federal line officers, such as a decision to decline a Pub. L. 93-638 contract application, or a self-governance compact proposal.  Tribes may also file an informal, or a formal appeal of the pre-award decision, or take direct legal action in federal district courts opposing the pre-award decision.  Tribes also have a right to file a contract dispute challenging the decision of the federal awarding officials under the Contract Disputes Act (CDA) or the Alternative Dispute Resolution Act (ADR).  Contracts under Pub. L. 93-638 also provide for third-party mediation and ways of informal resolution of disputes arising out of decisions rendered by federal officials

This course provides an overview of Pub. L. 93-638, Indian Self-Determination Act to establish a foundation on the rights of tribal nations and tribal organizations under the Act; and focuses on the specific decisions and actions of the federal agencies that may give rise to an appeal or a contract dispute.  The course identifies the contract appeals process, and contract disputes process; and identifies appealable and disputable actions.  The implementing regulations at 25 CFR Subpart L – Appeals; and Subpart N – Contract Disputes, provides guidance on decisions that may be appealed; and guidance on how tribes may file disputes under the Contract Disputes Act (or Alternative Dispute Resolution Act).