Page:United States Statutes at Large Volume 108 Part 5.djvu/767

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PUBLIC LAW 103-413—OCT. 25, 1994 108 STAT. 4257 "(B) In establishing a contract budget for a construction project, the Secretary shall not be required to separately identify the components described in clauses (i) and (ii) of subparagraph (A). "(C) The total amount awarded under a construction contract shall reflect an overall fair and reasonable price to the parties, including the following costs: "(i) The reasonable costs to the tribal organization of performing the contract, taking into consideration the terms of the contract and the requirements of this Act and any other applicable law. "(ii) The costs of preparing the contract proposal and supporting cost data. "(iii) The costs associated with auditing the general and administrative costs of the tribal organization associated with the management of the construction contract. "(iv) In the case of a fixed-price contract, a fair profit determined by taking into consideration the relevant risks and local market conditions. "(v) If the Secretary and the tribe or tribal organization are unable to develop a mutually agreeable construction contract proposal pursuant to the procedures set forth in this subsection, the tribe or tribal organization may submit a final contract proposal to the Secretary. Not later than 30 days after receiving such final contract proposal, the Secretary shall approve the contract proposal and award the contract, unless, during such period the Secretary declines the proposal pursuant to sections 102(a)(2) and 102(b) of section 102 (including providing opportunity for an appeal pursuant to section 102(b)). "(n) Notwithstanding any other provision of law, the rental rates for housing provided to an employee by the Federal Government in Alaska pursuant to a self-determination contract shall be determined on the basis of— "(1) the reasonable value of the quarters and facilities (as such terms are defined under section 5911 of title 5, United States Code) to such employee, and "(2) the circumstances under which such quarters and facilities are provided to such employee, as based on the cost of comparable private rental housing in the nearest established community with a year-round population of 1,500 or more individuals."; (14) in section 106(a)— 25 USC 450j-i. (A) in paragraph (1), by inserting before the period at the end the following: ", without regard to any organizational level within the Department of the Interior or the ^, Department of Health and Human Services, as appropriate, at which the program, function, service, or activity or portion thereof, including supportive administrative functions that are otherwise contractable, is operated"; (B) in paragraph (2), by inserting after "consist of the following: "an amount for"; and (C) by striking paragraph (3) and inserting the following new paragraphs: "(3)(A) The contract support costs that are eligible costs for the purposes of receiving funding under this Act shall include the costs of reimbursing each tribal contractor for reasonable and allowable costs of—