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.
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