[TRIBAL OR TRIBAL ORGANIZATION LETTERHEAD]

[DATE]

VIA CERTIFIED U.S. MAIL

[NAME] Contracting Officer [NAME] Area Office U.S. Bureau of Indian Affairs [ADDRESS] [ADDRESS]

Re: Protective Contract Disputes Act claim for unpaid contract support costs due in FY [OR “CY” FOR CALENDAR YEAR] 2006 under Indian Self-Determination Act contract/compact and funding agreement [LIST ALL 2006 BIA CONTRACT NUMBERS, IF AVAILABLE]

Dear [NAME OF CONTRACTING OFFICER]:

The [NAME OF TRIBE/TRIBAL ORGANIZATION] hereby claims the right to immediate payment of $[INSERT TOTAL FROM PAGE 2], plus interest, and, without limitation, all other damages arising out of the BIA’s failure to pay the Tribe full contract support costs (CSC) as required by the Indian Self Determination and Education Assistance Act (“ISDEAA”). 25 U.S.C. § 450 et seq., and the provisions of the above-referenced contract, as amended, in effect between the parties for fiscal year [OR “CALENDAR YEAR”] 2006.

This contract claim is submitted pursuant to the provisions of the Contract Disputes Act, 41 U.S.C. § 7101 et seq. and §§ 110(a) and (d) of the ISDEAA (25 U.S.C. §§ 450m-1(a) and (d)), for all damages arising out of the failure of the Bureau of Indian Affairs (BIA) to pay full contract support costs (including indirect costs and direct contract support costs).

The Tribe [OR TRIBAL ORGANIZATION] has been a member of the Ramah Class in Ramah Navajo Chapter v. Salazar, No. CV 90-0957 LH/KBM (D. NM), since 1993, when the district court certified a class by order of October 1, 1993 (Doc. 96). This claim is filed at the suggestion of the class attorneys representing the Ramah Class.

During the covered years, the Tribe’s [organization’s] contracts obligated the United States to pay no less than the full amount of CSCs, including indirect costs and direct contract [NAME] Contracting Officer U.S. Bureau of Indian Affairs August ___, 2012

support costs, associated with the Tribe’s [organization’s] operation of the BIA programs, functions, services, and ISDEAA activities operated under the foregoing contract(s), as required by the ISDEAA. Cherokee Nation v. Leavitt, 543 U.S. 631 (2005); Salazar v. Ramah Navajo Chapter, 567 U.S. ___, 132 S.Ct. 2181 (2012). The United States breached that duty.

The Tribe estimates its claim based upon the BIA’s shortfall report issued for FY 2007, because, so far as the Tribe has been able to determine, the BIA failed to issue a shortfall report for FY 2006, and because the BIA’s congressional appropriation for contract support costs did not change from FY 2006 to FY 2007.

The Tribe estimates its claim as follows:

1. Miscalculated Indirect CSC - failure to calculate indirect cost rate $ properly [Column J × 2.77%] 2. CSC Shortfall - failure to pay even the amount calculated by the $ incorrect indirect cost rate [column P] 3. DCSC Shortfall - failure to pay direct contract support costs plus $ attendant indirect contract support costs [column E, plus column E × column K] TOTAL CLAIM $

This claim is supported by the originals of all contracts, contract modifications, funding agreements, amendment thereto, and indirect cost rate agreements, all of which are in the custody of the Government. The Tribe has endeavored to calculate its claims based upon the best available evidence, including records of the BIA documenting the Tribes shortfalls.

Please recall that under the terms of the Contract Disputes Act, interest is accruing on the amount due.

Sincerely,

[NAME] Chairman [OR CEO] [NAME] Contracting Officer U.S. Bureau of Indian Affairs August ___, 2012

CERTIFICATION OF CONTRACT DISPUTES ACT CLAIMS

I, [NAME], Tribal [ORGANIZATION] Chairman (OR CFO OR CEO) of the [NAME OF TRIBE, TRIBAL ORGANIZATION], hereby certify as follows on behalf of the [NAME OF TRIBE OR TRIBAL ORGANIZATION]:

1. The above claims are made in good faith;

2. The supporting data are accurate and complete to the best of my knowledge;

3. The amount requested accurately reflects the adjustment for which the Tribe [OR TRIBAL ORGANIZATION] believes the Government is liable; and

4. I have been duly authorized to certify this claim on behalf of the Tribe [OR TRIBAL ORGANIZATION].

DATED this _____ day of ______2012.

______[NAME] Title [NAME] Contracting Officer U.S. Bureau of Indian Affairs August ___, 2012

CERTIFICATE OF DELIVERY

I, [NAME], swear or affirm under penalty of perjury that:

1. I am an employee of the [NAME OF TRIBE];

2. I sent, or caused to be sent, the originals of this document via certified mail, return receipt requested to [OR: I HAND DELIVERED THE ORIGINAL OF THIS CLAIM TO THE FOLLOWING PERSON, WHO SIGNED AND RETURNED TO ME A COPY OF THE CLAIM]

[NAME] Contracting Officer [NAME] Area Office U.S. Bureau of Indian Affairs [ADDRESS] [ADDRESS]

DATED this _____ day of August, 2012.

______[NAME] Tribal Chairman [OR CFO OR CEO]

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