Electronic Transmittal (ET) No. 05-02
Tribal Notification of Funding Limitations under a Continuing Resolution
(CR)
D-7800
ACM-1.10
MEMORANDUM
To:
Director, PN, MP, LC, UC, GP
Attention:
PN-3700, PN-3702, MP-820, LC-3100, LC-3103,
UC-440,
GP-3800
Director,
Administrative Service Center
Attention:
D-2940
Director,
Management Services
Attention:
D-7800, D-7810
From: Karla Smiley
Acquisition
and Assistance Management Services
Subject: Electronic Transmittal (ET) No. 05-02, Tribal Notification of Funding Limitations under a Continuing Resolution (CR) – Title I of Public Law (P.L.) 93-638 (Indian Self-Determination Act)
1. Purpose: This ET transmits guidance for funding of contracts (agreements) under Title I of P.L. 93-638 (Indian Self-Determination Act) during the fiscal year 2005 Continuing Resolution (CR). Separate guidance will be issued for procurement and financial assistance actions.
2. Effective Date: This guidance is effective October 1, 2004.
3. Expiration Date: Upon enactment of the FY 2005 Energy and Water Development Appropriations Act or through November 20, 2004, whichever occurs first. Should the CR be extended, or a new CR enacted, this guidance will be updated by ET supplement.
4. Background:
(a) The President has signed a CR providing interim funding until enactment of fiscal year 2005 permanent appropriations, or through November 20, 2004, whichever occurs first.
(b) The CR is intended to permit contractors to continue work under contracts (agreements) at particular rates of expenditure as set forth in H. J. Res. 107 (available at http://thomas.loc.gov/home/approp/app05.html/).
(c) While the Bureau of Reclamation operates under the CR, notification must be provided to current contractors, and special provisions must be included in new contracts (agreements); modifications to existing contracts which extend the contract performance period; and other contract actions which obligate only partial funding under the CR. To ensure uniform notification is given to Tribes as contractors, to inform them of their rights and responsibilities during the effective period of the CR; and to allow for timely payment of invoices during this period, the guidance in this memorandum shall be followed by all contracting offices.
5. Explanation of Changes:
(a) The attached clause entitled “Limitation of Government’s Obligation under the Continuing Resolution- Title I, P.L. 93-638 (Indian Self-Determination Act) (October 2004)” has been developed to formally provide notification of the CR (Attachment 1).
(b) All Tribes with on-going contracts which (i) extend beyond fiscal year 2004, and (ii) for which fiscal year 2004 funding will be provided in an Annual Funding Agreement (AFA), must be notified of funding restrictions under the CR.
6. Action Required:
(a) Regional acquisition offices should distribute this memorandum to all personnel involved in the award and administration of contracts (agreements) under Title I of P.L. 93-638.
(b) Awarding Officials shall insert the attached clause in all contracts, contract modifications, and annual funding agreements funded under this authority.
(c) Refer all questions to Vicki Cook (303) 445-2443 or via e-mail at vcook@do.usbr.gov.