Page:United States Statutes at Large Volume 108 Part 5.djvu/766

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108 STAT. 4256 PUBLIC LAW 103-413—OCT. 25, 1994 reasonable expenses that the Secretary determines, by regulation, to be allowable. "(ni)(l) Each construction contract requested, approved, or awarded under this Act shall be subject to— "(A) except as otherwise provided in this Act, the provisions of this Act, other than sections 102(a)(2), 106(1), 108 and 109; and "(B) section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (104 Stat. 1959). "(2) In providing technical assistance to tribes and tribal organizations in the development of construction contract proposals, the Secretary shall provide, not later than 30 days after receiving a request from a tribe or tribal organization, all information available to the Secretary regarding the construction project, including construction drawings, maps, engineering reports, design reports, plans of requirements, cost estimates, environmental assessments or environmental impact reports, and archaeological reports. "(3) Prior to finalizing a construction contract proposal pursuant to section 102(a), and upon request of the tribe or tribal organization that submits the proposal, the Secretary shall provide for a precontract negotiation phase in the development of a contract proposal. Such phase shall include, at a minimum, the following elements: "(A) The provision of technical assistance pursuant to section 103 and paragraph (2). "(B) A joint scoping session between the Secretary and the tribe or tribal organization to review all plans, specifications, engineering reports, cost estimates, and other information available to the parties, for the purpose of identifying all areas of agreement and disagreement. "(C) An opportunity for the Secretary to revise the plans, designs, or cost estimates of the Secretary in response to concerns raised, or information provided by, the tribe or tribal organization. "(D) A negotiation session during which the Secretary and the tribe or tribal organization shall seek to develop a mutually agreeable contract proposal. "(E) Upon the request of the tribe or tribal organization, the use of an alternative dispute resolution mechanism to seek resolution of all remaining areas of disagreement pursuant to the dispute resolution provisions under subchapter IV of chapter 5 of title 5, United States Code. "(F) The submission to the Secretary by the tribe or tribal organization of a final contract proposal pursuant to section 102(a). "(4)(A) Subject to subparagraph (B), in funding a fixed-price construction contract pursuant to section 106(a), the Secretary shall provide for the following: "(i) The reasonable costs to the tribe or tribal organization for general administration incurred in connection with the project that is the subject of the contract. "(ii) The ability of the contractor that carries out the construction contract to make a reasonable profit, taking into consideration the risks associated with carrying out the contract and other relevant considerations.