Are PL 93-638 contracts governed by the FAR?

Answer 1

As stated in PL 93-638:

"This joint rule, as required by section 107(a)(2)(A)(ii) of the Act [Title I, Pub. L. 103-413, the Indian Self-Determination Contract Reform Act of 1994] , will permit the Departments to award contracts and grants to Indian tribes without the unnecessary burden or confusion associated with having two sets of rules for single program legislation. In section 107(a)(1) of the Act Congress delegated to the Departments limited legislative rulemaking authority in certain specified subject matter areas, and the joint rule addresses only those specific areas. "

The 1975 Indian Self-Determination and Education Assistance Act, Pub.L.93-638, gave Indian tribes the authority to contract with the Federal government to operate programs serving their tribal members and other eligible persons.

Where a contract is for providing services to "Indians" [PL 93-638 retained that term] PL 93-638 is the governing document.

Separate from that, Indian tribes can contract with the Federal Government to provide other services to the government not related to serving tribal members but obviously benefiting them if they win the contract. Those kind of contracts are not PL 93-638 contracts and are governed by FAR.