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8 14H-30.214-1 Cash flow forecast and es
timated financial statements. The requirements of $ 1-30.214-1 are optional with the contracting officer when contracting with an Indian tribal contractor pursuant to Subpart 14H-3.2.
Subpart 14H-30.2—Basic Policies
Sec. 14H-30.213 Financial information and
analysis. 14H-30.214 Appropriate information-pur
poses. 14H-30.214-1 Cash flow forecast and esti
mated financial statements. 14H-30.214-2 Realistic assumptions. 14H-30.214-3 Estimated profit and loss
statements and balance sheets.
8 14H-30.214-2 Realistic assumptions.
The requirements of § 1-30.214-2 are optional with the contracting officer when contracting with an Indian tribal contractor pursuant to Subpart 14H-3.2.
8 14H-30.214-3 Estimated profit and loss
statements and balance sheets. The requirements of § 1-30.214-3 are optional with the contracting officer when contracting with an Indian tribal contractor pursuant to Subpart 14H-3.2.
Subpart 14H-30.4—Advance Payments 14H-30.403 Interest. 14H-30.404 Standards-amounts-need. 14H-30.406 Responsibility-delegation of
authority. 14H-30.410 Findings, determinations, and
authorizations. 14H-30.411 Application for advance pay.
ment. 14H-30.412 Action by contracting officer. 14H-30.414 Agreement for special bank ac
count and contract provisions. 14H-30.414-1 Form of agreement for spe
cial bank account. 14H-30.414-2 Contract provisions for ad
vance payments. AUTHORITY. Act of November 2, 1921, Ch. 115, 42 Stat. 208 (25 U.S.C. 13); 41 CFR 141.008; sec. 23, Act of June 25, 1910 (36 Stat. 861, as amended; 25 U.S.C. 47).
SOURCE: 40 FR 12503, Mar. 19, 1975, unless otherwise noted.
8 14H-30.403 Interest.
Advance payments made under nonprofit contracts to Indian tribal contractors, individual Indians and other Indian organizations will not require the payment of interest.
8 14H-30.404 Standards-amounts-need.
An advance payment to an Indian tribal contractor, as defined in § 14H1.270-4, is an exception under $ 130.404(b).
Subpart 14H-30.2–Basic Policies
8 14H-30.213 Financial information and
analysis. The requirements of g 1-30.213 are optional with the contracting officer when contracting with an Indian tribal contractor pursuant to Subpart 14H-3.2 when a plan of operation has been presented and accepted.
8 14H-30.406 Responsibility-delegation of
authority. Authority to make advance pay. ments not to exceed $250,000 to Indian tribal contractors and other Indians who operate a totally Indian owned and controlled non-profit business and who qualify for contracts with the Bureau of Indian Affairs shall be exercised by the Area Directors. Advance payments shall be made based upon written findings, determinations and authority as provided for in § 1-30.405 that the making of the advance payments is in the public interest and that adequate financing cannot be obtained elsewhere. The advance payment clause in $ 14H-30.414-2 shall be
8 14H-30.214 Appropriate information
purposes. The requirements of g 1-30.214 are optional with the contracting officer when contracting with an Indian tribal contractor pursuant to Subpart 14H-3.2.
to pay interest and it should not be charged on the advance payment(s).
g. The Bureau is committed to help develop Indian organizations to attain financial and managerial viability.
referred to in the determinations, findings, and authority and shall be incorporated into the contract. 8 14H-30.410 Findings, determinations,
and authorizations. The following is format of the Findings, Determinations, and Authorization for advance payment for use with contracts with Indian tribal contractors and other Indians who operate a totally owned and controlled nonprofit business and who have contracts with the Bureau of Indian Affairs. A copy of the Findings, Determinations, and Authorization shall be inserted in the contract file.
BUREAU OF INDIAN AFFAIRS
DETERMINATIONS 2. Upon the foregoing findings, I hereby determine that the making of an advance payment(s) without payment of interest, except as provided in the attached advance payment clause that will be included in the contract, is in the public interest.
Upon the findings and determination stated above, an advance payment not to exceed the amount stated below is hereby authorized pursuant to 41 U.S.C. 255 upon terms and conditions as contained in the advance payment clause to be included in the contract, a copy of which is attached thereto. The amount of the advance payment(s), at any time outstanding, shall not exceed the unpaid contract price nor the contractor's estimated interim needs arising during the reimbursement cycle. Amount of advance payment shall not exceed thirty (30) percent of the contract amount including any modification.
8 14H-30.411 Application for advance pay
ment. Paragraphs (a), (d), and (e) of g 130.411 are optional with the contracting officer when contracting with an Indian tribal contractor pursuant to Subpart 14H-3.2.
FINDINGS 1. I hereby find that:
a. The Bureau of Indian Affairs has entered (intends to enter) into a contract as indicated below. (Use appropriate language). Type of Contract: (Indicate type). Amount of Contract: (State amount). Contractor: (Indicate name of contractor). Purpose: (Give description of contract). Contracting Office: (Give name of contract
b. (Note to Contracting Officer: Summarize the specific facts and significant circumstances concerning the contract and the contractor, which, together with the other findings, will clearly support the determination below).
C. An advance payment has been requested by the contractor and is required for prompt and efficient performance of the services under this contract which will be of benefit to the Bureau. No means of adequate financing other than by an advance payment are available to the Contractor.
d. The attached advance payment clause that will be included in the contract contains appropriate provisions for the protection of the Government as security for the advance payment. These include provisions that the advance payment(s), and all progress and final contract payments made, will be deposited in a special bank account, and that the Government will have a paramount lien upon (1) the credit balance in the special bank account, (2) any supplies contracted for, and (3) any material or property acquired for the performance of the contract.
e. The security provisions of the advance payment clause that will be used are deemed adequate.
f. Because of the lack of financial resources, the Contractor is not in a position
8 14H-30.412 Action by contracting offi
cer. Paragraphs (c) and (d) of $ 1-30.412 are optional with the contracting officer when contracting with an Indian tribal contractor pursuant to Subpart 14H-3.2.
8 14H-30.414 Agreement for special bank
account and contract provisions.
8 14H-30.414-1 Form of agreement for
special bank account. For all advance payments made to Indian tribal contractors and other Indians who operate a totally owned and controlled non-profit business, the form of agreement and modification
(iii) The Government, or its authorized representatives, shall have access to the books and records maintained by the Bank with respect to the Special Bank Account at all reasonable times and for all reasonable purposes, including (but without limiting the generality thereof) the inspection or copying of such books and records and any and all memoranda, checks, correspondence or documents appertaining thereto. Such books and records shall be preserved by the Bank for a period of six (6) years after the closing of the Special Bank Account.
(4) In the event of the service of any writ of attachment, levy of execution, or commencement of garnishment proceedings with respect to the Special Bank Account, the Bank will promptly notify the Contracting Officer.
(5) The Bank, Contractor, and Government, by executing this agreement, are bound by all of the provisions contained in the advance payment clause attached, which is made a part of the contract.
(6) The contract number and purpose of the contract(s) or supplemental agreement(s) referred to above are as follows:
given in paragraphs (a)-(d) of this sec. tion should be used.
(a) The following is the form of agreement for a special bank account for advance payments: AGREEMENT FOR SPECIAL BANK ACCOUNT FOR
ADVANCE PAYMENT(S) (1) This agreement entered into between the United States of America, hereinafter called the “Government,” Contractor, and Bank, each represented by the officials executing this agreement.
(2) The Government and the Contractor entered into the Contract(s) or Supplemental Agreement(s) thereto, providing for the making of advance payment(s) to the Contractor. Copy of the advance payment clause included in the contract is attached to and made a part of this agreement.
(i) The advance payment clause requires that amounts advanced to the Contractor be deposited in a Special Bank Account at a member bank or banks of the Federal Reserve System or any "insured” bank within the meaning of the Act creating the Federal Deposit Insurance Corporation (Act of August 23, 1935; 49 Stat. 684, as amended: 12 U.S.C. 264), separate from the Contractor's general or other funds; and, the Bank being such a bank, the parties are agreeable to so depositing said amounts with the Bank.
(ii) This Special Bank Account shall be designated as indicated in paragraph (7) of this agreement.
(3) In consideration of the foregoing, and for other good and valuable considerations, it is agreed that:
(i) The Government shall have a lien upon the credit balance in said account to secure the repayment of all advance pay. ments made to the Contractor, which lien shall be superior to any lien or claim of the bank with respect to such account.
(ii) The Bank will be bound by the provi. sions of the advance payment clause relating to the deposit in and withdrawal of funds from the Special Bank Account, but shall not be responsible for the use of funds withdrawn from said account. Upon receipt by the Bank of written directions of any kind from the Contracting Officer, or from the duly authorized representative of the Contracting Office, pertaining to the use of the funds in the Special Bank Account upon Department of the Interior, Bureau of Indian Affairs stationery and purporting to be signed by the Contracting Officer or the Contracting Officer's authorized representative, the Bank shall act thereon and insofar as the rights, duties, and liabilities of the Bank are concerned, the written directions shall be conclusively deemed to have been properly issued and filed with the Bank by the Department of the Interior, Bureau of Indian Affairs.
(7) The Special Bank Account shall be designated as “SPECIAL BANK ACCOUNT NUMBER -- Bureau of Indian Affairs.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date and year written below: Date--------, 19– CONTRACTOR Name:
Name & Title of Representative: ----
Complete Mailing Address:
Name & Title of Representative: -
Complete Mailing Address: ----
UNITED STATES OF AMERICA Acting Through the Bureau of Indian
Affairs Signature By (Name and title of Contracting Officer)
(b) The following instructions apply to the form of agreement shown in paragraph (a) of this section:
(1) Under paragraph (6) of the agreement, state the contract number and describe the purpose of the contract in brief but suffi. cient detail to convey a general understanding of its nature. If the contract uses a descriptive title to designate its purpose, that description should be used.
(2) Insert, in the blank space in paragraph (7) of the agreement, the number assigned by the Bank as the Account Number for the "Special Bank Account."
(3) The agreement should be dated on the date it is signed by the Contracting Officer.
(4) The complete mailing address of the bank is necessary as the advance payment check and all progress payment checks will be mailed to the bank. The zip code is re. quired.
(5) The Contracting Officer should not sign the agreement until authority to make the advance payment has been obtained.
(c) The following is the form of modification of an agreement for a special bank account for advance payments: AGREEMENT FOR SPECIAL BANK ACCOUNT
Modification Number --(1) The Agreement for Special Bank Account dated ---, 19— is modified as fol. lows:
(2) The contract number and the purpose of the contract is as follows:
(d) The following instructions apply to the form of modification of an agreement shown in paragraph (c) of this section:
(1) The date of the original Agreement for Special Bank Account should be indicated in the first line of paragraph (1) of the modification.
(2) Under paragraph (2) of the modification, state the contract number and describe the purpose of the contract. If the purpose given in paragraph (6) of the original agreement is changed, describe it. Otherwise repeat the original description.
(3) Under paragraph (3) of the modification, indicate the Special Bank Account Number if a new one is being issued. If the original number is being used, repeat it.
(4) If a change is not made under either paragraphs (2) or (3) of the modification, then no modification of the original agreement is necessary.
(5) If a modification is required, it should be dated when signed by the Contracting Officer. 8 14H-30.414-2 Contract provisions for
advance payments. The contract clause for use when an advance payment is made or to be
made on a contract with an Indian the Contractor solely for the purpose of tribal contractor and other Indians making payments for items of allowable who operate a totally Indian owned
costs as defined in clause titled "ALLOW. and controlled business follows:
ABLE COST, FIXED-FEE AND PAY
MENT” of this contract. Any interpretation ADVANCE PAYMENT
required as to the proper use of funds shall
be made in writing by the Contracting Offi(a) Amount of advance. At the request of
cer. the Contractor, and subject to the condi
(d) Return of funds. The Contractor may tions hereinafter set forth, the Government
at any time repay all or any part of the shall make an advance payment(s) to the
funds advanced hereunder. Whenever so reContractor. No advance payment(s) shall be
quested in writing by the Contracting Offimade (1) without the Contracting Officer's
cer, the Contractor shall repay to the Govapproval as to the financial necessity therefor; and (2) in an amount in excess of that
ernment such part of the unliquidated balstated in paragraph (n)(1) hereof.
ance of the advance payment as shall in the (b) Special bank account. Until the ad
opinion of the Contracting Officer be in vance payment(s) made hereunder is liqui
excess of the Contractor's current requiredated and the Contracting Officer approves
ments or when added to total advances prein writing the release of any funds due and
viously made and liquidated are in excess of payable to the Contractor, the advance
the amount specified in paragraph (n)(1) payment(s) and all other payments (prog
hereof or are no longer to be made available ress, partial, and final) made under the con
to the Contractor because of default, or tract shall be made by check payable to the
abuse in their use, or for such other reasons Contractor but mailed to the bank, where
as the Contracting Officer may specify. In the special bank account is maintained as
the event the Contractor fails to repay such stated in the Agreement for Special Bank
part of the unliquidated balance of the adAccount. The check must be marked for
vance payment when so requested by the “Deposit in Special Bank Account Contracting Officer, all or any part thereof Number --Bureau of Indian Affairs." The may be withdrawn from the Special Bank Agreement for Special Bank Account shall Account by check(s) made payable to the designate the account number. No part of Bureau of Indian Affairs signed by the Conthe funds deposited in the Special Bank AC tracting Officer or by an official of the count shall be mingled with other funds of Bureau of Indian Affairs authorized in writthe Contractor prior to withdrawal thereof
ing by the Contracting Officer to take such from the Special Bank Account as herein action. Such withdrawals shall be applied in after provided. Except as hereinafter pro
reduction of the advance payment(s) then vided, each withdrawal shall be only by outstanding hereunder. The Contracting check of the Contractor, unless countersign
Officer shall notify the contractor and the ing on behalf of the Government by the bank of the action taken. Contracting Officer or such other person as (e) Liquidation. If not otherwise liquidathe may designate in writing is determined ed, the advance payment(s) made hereunder to be in the best interest of the Government shall be liquidated as herein provided. and the Contracting Officer notifies the When the sum of all the estimated payContractor and bank in writing that coun: ments remaining due on the contract aptersigning will be required.
proximate the unliquidated amount of the (c) Use of funds. The funds in the Special advance payment(s), the Contracting OffiBank Account may be withdrawn by the cer shall thereafter withhold further pay. Contractor solely for the purposes of ments due on the Contract represented by making payments for materials, labor, ad. proper invoiced amount(s) submitted by the ministrative and overhead expenses, and Contractor, and apply the amount(s) withother purposes required for this contract held against the liquidation of the advance (including, without limitation, payments in payment until the advance payment has cident to termination for the convenience of been fully liquidated. If, upon completion or the Government) and properly allocable termination of the contract or for other reathereto in accordance with generally accept sons, the entire advance payment(s) is not ed accounting principles (subject to any ap fully liquidated by the process indicated plicable provision of contract cost principles above and the Contractor does not repay and procedures in 41 CFR Part 1-15 or the balance due upon request, then the bal. other agency cost principles and procedures, ance thereof shall be offset against any if any, which are made part of this con sums otherwise due or which may become tract), or for the purposes of reimbursing due to the Contractor from the Government the Contractor for such payments, and for on any other contracts or from any source. such other purposes as the Contracting Of. (f) Interest charge. No interest will be ficer may approve in writing. If this is a cost charged on the amount of the advance reimbursement contract, the funds in the payment(s), but any interest earned on the Special Bank Account may be withdrawn by advance payment(s) including sub-advances