Current through October 31, 2024
Section 137.335 - What costs may be included in the budget for a construction agreement?(a) A Self-Governance Tribe may include costs allowed by applicable OMB Circulars, and costs allowed under sections 508(c) [25 U.S.C. 458aaa-7(c) ], 106 [25 U.S.C. 450j-1 ] and 105 (m) of the Act [25 U.S.C. 450j(m) ]. The costs incurred will vary depending on which phase of the construction process the Self-Governance Tribe is conducting and type of construction project agreement that will be used.(b) Regardless of whether a construction project agreement is fixed price or cost-reimbursement, budgets may include costs or fees associated with the following: (1) Construction project proposal preparation;(2) Conducting community meetings to develop project documents;(3) Architects, engineers, and other consultants to prepare project planning documents, to develop project plans and specifications, and to assist in oversight of the design during construction;(4) Real property lease or acquisition;(5) Development of project surveys including topographical surveys, site boundary descriptions, geotechnical surveys, archeological surveys, and NEPA compliance;(6) Project management, superintendence, safety and inspection;(7) Travel, including local travel incurred as a direct result of conducting the construction project agreement and remote travel in conjunction with the project;(8) Consultants, such as demographic consultants, planning consultants, attorneys, accountants, and personnel who provide services, to include construction management services;(9) Project site development;(10) Project construction cost;(11) General, administrative overhead, and indirect costs;(12) Securing and installing moveable equipment, telecommunications and data processing equipment, furnishings, including works of art, and special purpose equipment when part of a construction contract;(13) Other costs directly related to performing the construction project agreement;(14) Project Contingency: (i) A cost-reimbursement project agreement budgets contingency as a broad category. Project contingency remaining at the end of the project is considered savings.(ii) Fixed-price agreements budget project contingency in the lump sum price or unit price.(c) In the case of a fixed-price project agreement, a reasonable profit determined by taking into consideration the relevant risks and local market conditions.