### [SAMPLE]{.mark}

# 

# 

# Self-Determination Construction Contract

**by and between the**

**\_\_\_\_\_\_[*Insert Tribal Name*\_\_\_\_\_\_\_]{.mark}**

**and the**

**United States Department of Health and Human Services,**

**Indian Health Service**

[Contract Number: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}

**(a) Authority and Purpose.-**

**(1) Authority**.- This agreement, denoted a Self‑Determination
Contract (hereafter "Contract"), is entered into by the Secretary of the
Department of Health and Human Services, Indian Health Service
(hereafter "Secretary"), for and on behalf of the United States, and the
*[tribal name]{.mark}*, a federally recognized Indian Tribe (hereafter
"Tribe"), pursuant to Title I of the Indian Self‑Determination and
Education Assistance Act (hereafter "ISDEAA") (25 U.S.C. 450 et seq.) as
implemented by 25 C.F.R. Part 900, Subpart J. The applicable
construction provisions of Title I of the ISDEAA (25 U.S.C. 450 et seq.)
and its implementing regulations at 25 C.F.R Part 900, Subpart J, are
incorporated by reference in this Contract. In accordance with 25 C.F.R.
900.115(c) provisions of this construction contract shall be liberally
construed in favor of the contracting Tribe.

**(2)** **Purpose. --** In accordance with 25 C.F.R. 900.115(a) the
self-determination construction contract is a government-to-government
agreement that transfers control of the construction project, [including
administrative functions]{.mark}, to the Tribe to facilitate effective
and meaningful by the Tribe in planning, conducting, and administering
the construction project, and so that the construction project is
responsive to the true needs of the Indian community.

This construction contract includes:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_*describe major
phases*\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}as
defined in the Tribe's attached proposal.

**(b) Terms, Provisions, and Conditions.-**

(1) **Funding. -**

[]{.mark}

***[Select One of the following and delete the remaining:]{.mark}***

*[Use for cost-re-imbursement contract for new facility construction
where the Tribe is taking IHS administrative shares and he project is
phased funded over more than one years worth of line item appropriated
funds:]{.mark}*

The overall fair and reasonable price and not to exceed amount for the
project [including IHS administrative shares]{.mark} pursuant to 25
U.S.C. 450j(m)(C) and 25 C.F.R. 900.127 is
\$[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}. Of this amount
\$[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark} will be obligated under the
contract as funds for the project are appropriated and
\$[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark} is contingency retained
by the Secretary. Funds in the amount of
\$[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}are currently available and
will be obligated under the contract per the following accounting and
appropriation data. (This does not include Phase I contingency retained
in the amount of \$[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}.) The
Secretary's obligation beyond the funds currently available is
contingent upon the availability of appropriated funds by Congress
specifically for the
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.]{.mark}

*[or]{.mark}*

######## [Use this funding paragraph for fully funded by IHS for cost reimbursement contracts]{.mark}

The overall fair and reasonable price and not to exceed amount for the
project [including IHS administrative shares]{.mark} pursuant to 25
U.S.C. 450j(m)(C) and 25 C.F.R. 900.127 is
\$[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}The total dollar amount
available for performance and completion of all work under this contract
is [\_\_\_\_\_\_\_\_\_\_]{.mark}, of which
[\$[\_\_\_\_\_\_\_\_\_]{.mark}]{.underline}is obligated under this
contract and [\$[\_\_\_\_\_\_\_\_\_\_\_]{.mark}]{.underline} in
contingency is retained by the Government. 900.127(e)(8)

*[or]{.mark}*

######## [Use this funding paragraph for fully funded by IHS for Fixed Price contracts]{.mark}

The overall fair and reasonable price and not to exceed amount for the
project [including IHS administrative shares]{.mark} pursuant to 25
U.S.C. 450j(m)(C) and 25 C.F.R. 900.127 is
\$[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}.

*[or]{.mark}*

*[Use for Fixed Price jointly funded by IHS and Tribe]{.mark}:*

The total tribal and IHS cost of the project including planning, design,
equipment, and construction is \$[\_\_\_\_\_\_\_.]{.mark} Of the total
project funding, the Indian Health Service contract award amount under
this contract is \$[\_\_\_\_\_\_\_\_\_\_.]{.mark} The
[\_\_\_\_\_\_\_]{.mark} Indian [\_Tribe\_\_\_\_\_\_]{.mark} will fund
\$\_\_\_\_\_\_\_\_ of the project. The Tribe is responsible for
successful completion of the work, utilizing the funds provided, as
described in this contract including the contract documents, exhibits,
and attachments (See also Part 120 of the contract proposal). *[(Note,
the Tribe does not have to deposit the funds with the IHS. By signing
the contract, the Tribe is bound to fund the amount above. The Tribe or
recipients share of outlays are recorded on the financial report in
block 10c. Delete this note on final document).]{.mark}*

*[Delete or insert for tribally operated facilities where staffing
packages are not funded by IHS:]{.mark}*

The \_\_\_\_\_\_\_ Indian Tribe acknowledges that the Indian Health
Service will not provide additional funding for staffing and/or programs
to operate the Tribe's P.L. 93-638 health services
[contract/compact]{.mark} with the IHS beyond the current level of
funding identified in the Tribe's P.L. 93-638 health services
[contract/compact]{.mark}. The [\_\_\_\_\_\_\_\_\_\_]{.mark}Tribe
continues to be eligible for any future program increases as provided by
law.

IHS Accounting and Appropriation Data:

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}

*[Tribe name]{.mark}* Tax I.D.
Number:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*[The following savings provision, applies to cost re-imbursement only
-Delete if contract is fixed price.]{.mark}*

**(2) [Savings.]{.mark}**[-In accordance with 25 U.S.C. 450e-2,
beginning in fiscal year 1998 and thereafter, where the actual costs of
construction projects under self determination contracts, compacts, or
grants, pursuant to Public Laws 93-638, 103-413, or 100-297, are less
than the estimated costs thereof, use of the resulting excess funds
shall be determined by the appropriate Secretary after consultation with
Tribe(s]{.mark}).

**(3) Payment. --** Payments will be made according to the advance
payment schedule negotiated between the parties in attachment
[\_\_\_\_]{.mark}. In accordance with 25 C.F.R. 900.132**(**d)**,** upon
award of the contract, the Secretary shall transfer the amount of the
first allocation to the Indian Tribe within 21 days after the date of
contract award. The second allocation shall be made not later than 7
days before the end of the first allocation period. Pursuant to 25
C.F.R. 900.132(e) Not later than 7 days before the end of each
subsequent allocation period after the second allocation, the Secretary
shall transfer to the Indian Tribe or tribal organization the amount for
the next allocation period, unless the Tribe is delinquent in submission
of allocation period progress reports and financial reports or the
Secretary takes action to suspend or terminate the contract in
accordance with 25 C.F.R. 900.131(b)(11), 900131(b)(12) or
900.131(b)(13).

Subsequent modifications awarded under this contract will be paid in
accordance with the terms of each specific modification.

**(4) Type of Agreement.-** This is a [cost-reimbursable *or* fixed
price]{.mark} ISDEAA Construction Contract.

(**6) Conflicting Terms-Order of Precedence.-** Any inconsistency in
this contract or between this contract and the regulation shall be
resolved by giving precedence in the following order: (a) The
appropriation; (b) Public Law 93-638, as amended (ISDEAA); (c) the
regulation; (d) this contract including subsequent modifications; (e)
contract documents, exhibits, and attachments (other than the contract
proposal); and (f) the contract proposal.

**(7) Property.-** No property will be transferred to the Tribe for the
administration of this project.

Title to Equipment/Personal property acquired for the purpose of
managing the overall project shall vest with the [Tribe or
Government?]{.mark}

*[Select an appropriate real property statement:]{.mark}*

[The Federal Government will own the federal facilities constructed
under the project. Title to real property including fixed equipment and
capital improvements within the site boundaries shall vest in the
Federal Government.]{.mark}

*[or]{.mark}*

[Title to real property and capital improvements within the site
boundaries shall vest in the Federal Government. This does not negate
the Tribe's right to assume title should the Tribe elect to do so under
Title I or V of P.L. 93-638, as amended, to assume operation and
ownership of the assets of the IHS.]{.mark}

> *[or]{.mark}*

[The United States will at no time during the construction, or after
completion of the project, have any interest in, or title to any real or
personal property acquired by *[tribe name]{.underline}* as a part of
this contract.]{.mark}

[]{.mark}

[If the Tribe takes title and the IHS operates the facility -- Discuss
responsibility for required lease to be completed prior to acceptance
and occupancy by IHS.]{.mark}

[For Tribal Built on tribal Land, Government owned and IHS operated
facilities discuss lease requirements which must occur prior to
construction.]{.mark}

**(8) Disputes.** - Disputes shall be governed by 25 C.F.R Part 900
subpart J, L or N, as applicable

**(9) IHS Designated Officials.** The Indian Health Service's official
to serve as a representative on matters of notices, proposed amendments
to the contract, submission of reports, and other purposes of a
contractual nature is: [\_\_\_\_\_*name*\_\_\_\_\_\_\_\_\_]{.mark},
Contracting Officer, *[insert
address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}*,
Telephone [\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark},
Fax[\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}, e-mail:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}. For technical matters
including submittal review and approval and on-site monitoring visits,
the Government's project officer is:
[\_\_\_\_\_*name*\_\_\_\_\_\_\_\_\_]{.mark},
[*address*\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark},
Telephone [\_\_\_\_\_\_\_\_\_\_\_]{.mark}, FAX
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}, and e-mail:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}.

**(10) FAR Clauses.** The Indian Health Service and Tribe mutually agree
to the applicable FAR clauses listed in Attachment C.

**(11) Attachments to Contract and Proposal.**

> [(A) Authorizing Resolution - *[insert name]{.underline}* Tribe
> Resolution No.\_\_\_\_\_\_\_\_.]{.mark}

(B) [List of Assurances - 900.125 (c)]{.mark}

(C) [List of FAR Clauses]{.mark}

(D) [Electronic Funds Transfer Form]{.mark}

(E) [Identify Final Construction Documents]{.mark}

(F) [Program of Requirements/PSD/MOA]{.mark}

(G) [Contract Budget and Phased Funding Plan]{.mark}

(H) [Advance Payment Schedule Based on Phased Funding Plan]{.mark}

(I) [Contract Schedule]{.mark}

(J) [A/E Design Guide]{.mark}

> **(11) Contract Signatures.-**

###### [TRIBE NAME]{.mark}

**BY**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[Name of Authorized Tribal Signatory]{.mark}

[Title of Authorized Tribal Signatory]{.mark}

### UNITED STATES OF AMERICA

**DEPARTMENT OF HEALTH AND HUMAN SERVICES**

**INDIAN HEALTH SERVICE**

**PROPOSAL APPROVAL**

**BY**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[Name of Area Director]{.mark}

[Director, Area Name]{.mark}

###### 

###### 

###### CONTRACT AWARD

**BY**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[Name of Contracting Officer]{.mark}

Contracting Officer

[Contracting Officer Location]{.mark}

Date of Contract
Award:\_[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}\_\_

**[Tribe Name]{.mark}-CONSTRUCTION CONTRACT PROPOSAL**

# 25 CFR 900.125

**Part A- PROGRAM STANDARDS**

**Full name, address, and telephone number of Tribe:** (25 CFR
900.125(a))

> The Tribe's designated official for contractual purposes:

[\_\_\_\_\_\_\_\_\_\_(Name)\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}

[Same Address as above]{.mark}

[Telephone:]{.mark}

[E-mail:]{.mark}

The Tribe's designated official for technical purposes:

[\_\_\_\_\_\_\_\_(Name)]{.mark}

[Same address as above.]{.mark}

[Telephone:]{.mark}

[E-mail:]{.mark}

**(1) Licensed and qualified Architects** 25 CFR 900.125 (a)(1)

> The Tribe will subcontract with or provide the services of licensed
> and qualified architects, engineers, and other consultants as needed
> to manage, inspect, and accomplish the construction contract work.
>
> Any modifications to the attached final construction drawings and
> specifications shall be stamped by a licensed engineer or licensed
> architect.

**(2) Applicable Health and Safety Standards** 25 CFR 900.125(a)(2)

> The Occupational Safety and Health Act will apply to this contract.
> The Tribe is solely responsible for monitoring the work to ensure
> compliance.

**(3) Adherence to applicable Federal, State, local, or tribal building
codes and engineering standards** 25 CFR 900.125(a)(3)

> The Tribe agrees that all construction activities performed under this
> Contract will be completed in conformity with the applicable
> subsections, parts, provisions, or subdivisions of the codes and
> standards in effect at the time the contract is signed as listed
> herein.
>
> *[OEHE Programs should list per type of construction project
> contemplated.]{.mark}*
>
> []{.mark}
>
> *[For Facility construction project which require design per the IHS
> A/E design guide, list consisent with section III. General Design
> Requirement.]{.mark}*

**(4) Structural Integrity** 25CFR 900.125(a)(4)

> The Tribe agrees to have structural calculations and any required
> design effort to be performed by or under the direction of a licensed
> structural engineer. The licensed structural engineer shall stamp all
> drawings and specifications requiring structural design.

**(5) Accountability of Funds** 25 CFR 900.125(a)(5)

In accordance with 25 CFR 900.130(c)(2), The Tribe shall administer and
dispense funds provided through the contract in accordance with Subpart
F, 25 CFR 900.42 through 900.45 and implement a property management
system in accordance with subpart F**,** 25 CFR 900.51 through 900.60.

*[Note, the following applies to Cost-Reimbursement contracts only,
delete if contract is fixed price:]{.mark}*

[The Tribe will provide an annual single organization-wide audit as
prescribed by the Single Audit Act of 1984, 31 USC. Section 7501 et
seq., and will adhere to generally accepted accounting principles. The
annual single audit is to be sent to:]{.mark}

[]{.mark}

[The Single Audit Clearinghouse]{.mark}

[1201 E. 10^th^ St.]{.mark}

[Jeffersonville, IN 47132]{.mark}

[]{.mark}

[National External Audit Review Center]{.mark}

[Lucas Place, Room 514]{.mark}

[323 W. 8th St.]{.mark}

[Kansas City, MO 64105]{.mark}

> []{.mark}
>
> [The Tribe may use funds under this contract to pay for allocable,
> allowable, and reasonable project costs within the limitation of
> costs. OMB Circular A-87 applies to this contract.]{.mark}
>
> [The Tribe agrees to submit quarterly financial reports on an SF-269A
> within forty-five (45) calendar days following the end of each quarter
> based on the Tribe's financial fiscal year.]{.mark}

**(6) Competition** 25 CFR 900.125(a)(6)

> The Tribe will select subcontractors using competitive procedures and
> tribal procurement policy.
>
> To the greatest extent feasible preferences and opportunities for
> training and employment in connection with the administration of the
> Contract shall be given to Indians, and preference in the award of
> subcontracts in connection with the administration of this Contract
> shall be given to Indians and to Indian-owned economic enterprises as
> defined in section 3 of the Indian Financing Act of 1974.
> Notwithstanding the foregoing, the employment and contract preferences
> ordinances adopted by the Tribe shall govern with respect to the
> performance of this Contract. 25 USC §450e. (b)(c).

**7. Adherence to Project Plans and Specifications.** 25 CFR 900.125(a)
(8)

> The Tribe will adhere to the project final construction documents.

**8. The Use of Proper Materials and Workmanship** 25 CFR 900.125(a) (9)

> The Tribe will use new materials and perform work in accordance with
> applicable codes as specified in the final construction documents.

**9. Inspections and Testing** 25 CFR 900.125(a) (10)

> The Tribe will ensure all required testing is performed as required by
> the Final Construction Documents and reviewed by the A/E for the
> project. The Tribe will assure that a qualified construction inspector
> performs the day-to-day inspection of work in progress for compliance
> with the final construction documents.

**10. Process for Changes, Modifications, Stop Work, and Termination of
Work**

> 25 CFR 900.125(a) (11)
>
> **Changes and Modifications:**
>
> *[Select which version for the final contract and delete the one not
> used]{.mark}*
>
> *[Changes -- option 1 very general and consistent
> with900.130(c)(5)]{.mark}*
>
> Changes that require an increase to the negotiated contract budget or
> an increase in the negotiated performance period or are a significant
> departure from the final construction documents will be submitted to
> the IHS designated official for contractual matters for approval prior
> to the work being performed.
>
> A change request will list the following: Justification for the
> change; description of the change; citation of contract section,
> specification and drawing section affected by the change; estimated
> cost of the change; additional time required as a result of the
> change, and signature of the person authorized to enter into change
> agreements for the Tribe.
>
> In the event of stop work or termination of work, notices or other
> documents shall be submitted to the Tribe's designated official for
> contractual purposes.
>
> *[Or Changes Option 2 below,is more specific and requires editing to
> meet the practical terms of the project mutually agreeable to both
> parties:]{.mark}*
>
> Changes that require an increase to the negotiated contract budget, an
> increase in the negotiated performance period, changes in the approved
> plans and specifications, or are a significant departure from the
> scope or objective of the project shall require approval by IHS prior
> to the work being performed.
>
> Change Process -- The Tribes agree to notify the IHS of changes in the
> negotiated total contract budget, increase in the negotiated
> performance period or schedule, changes in the approved final
> construction documents, or significant department from the scope of
> PSD.
>
> Changes in the [PSD/POR/MOA]{.mark} require an amendment to the
> [PSD/POR/MOA]{.mark} and approval by IHS, but will not require a
> contract modification unless there is a performance period, budget, or
> scope of work change.
>
> During design phase activities, due to the strict 21day Government
> review and response requirements, the Tribes agrees to provide updated
> schedules as the activities change in Attachment [\_\_\_]{.mark}.
> Schedule changes do not require a modification to the contract unless
> the total performance time in any phase changes by 15%.
>
> Final Construction Document changes during construction will be
> submitted to and approved by the IHS technical representative. A
> contract modification will not be required unless there is an increase
> to the overall contract amount or total performance period.
>
> The Tribes is not required to submit budget revisions when there are
> changes within budget line items and the total contract amount does
> not change.
>
> Changes that require a formal modification to the contract include
> changes within 15% of any phase of the performance period, established
> contract amount [(including contingency) *delete the including
> contingency if a fixed price contract*]{.mark} and/or additional
> projects are made available for contracting under P.L. 93-638, Subpart
> J, construction contracting. The change request will list the
> following: a description of the change, why the change is needed,
> estimated cost of the change, additional time required as a result of
> the change, and signature of the person authorized to enter into
> change agreements for the Tribes. The change request will be submitted
> to the IHS Contracting Officer for review and approval prior to the
> work actually being performed.

####### 

####### PART B - Construction Contract Proposal

**Activities to be performed:**

The *[\_\_\_tribe name\_\_\_\_\_\_\_\_\_]{.mark}\_\_\_*proposes to
accomplish *[\_\_by what means? Subcontracting, force account or
combination\>\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}* the planning, design
and construction of the [\_\_\_\_\_\_\_\_\_\_\_\_\_]{.mark}

[What and
where?\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.]{.mark}

***[[Sample facilities statement of work for facilities
construction:]{.underline}]{.mark}***

**[Phase I, Planning Services]{.underline}**

Phase I activities shall include providing a [PJDQ/POR/PSD]{.mark} for
the proposed project. The []{.mark}PJDQ/POR/PSD will be approved by the
Indian Health Service prior to proceeding with any other phase of work
under this contract.

*[Decribe planning document requirements here: e.g.]{.mark}*

The Project Summary Document will at a minimum include: Background about
the project; project scope and description; alternatives considered;
project justification; deficiencies to be addressed, if any; program
impacts; workload for existing and planned space; site selection;
detailed estimated project costs for design and construction, contract
delivery schedules; funding sources; and plans to meet any other
programmatic needs. The PSD will also include net and gross sizes of
space and include the IHS supportable space evaluation for IHS
maintenance and improvement funds, furnishings, equipment, and other
information and design criteria on which to base the construction
project documents.

The Tribe will evaluate all land and lease issues affecting the proposed
project and ensure all requirements are properly met in accordance with
tribal, local or other federal regulations prior to commencing design
and construction; and conduct pre-design site investigations. [The Tribe
will provide all information necessary for a NEPA determination by the
IHS.]{.mark}

**[Phase II, Design Services]{.underline}**

1\. Concepts

2\. Schematic

3\. Design Development

4\. Final Construction Documents

The IHS Architect/Engineer (A/E) Guide dated
[\_\_\_\_\_\_\_\_\_\_\_\_]{.mark} will be used to measure acceptable
levels of performace for phase II design. The design guide will be
incorporated into the *[tribe name]{.mark}* A/E subcontracts.

Construction documents produced as a part of the contract will be
produced in accordance with the [\_\_\_\_\_]{.mark} developed by the
*[tribe name]{.mark}* and approved by IHS under phase I of this project.

As a part of the design activities, the *[tribe name]{.mark}* will
secure all permits, right-of-ways, and obtain, subject to Part 130 D,
all environmental and historic preservation clearances necessary for the
IHS to make a NEPA determination prior to submission of the final
construction documents for approval.

The Tribe agrees to work with *[[who]{.underline}]{.mark}* to develop an
acquisition plan, which will include the planning and purchase of
computers, telephones, cultural artwork, fixed and moveable medical
equipment, and furniture to be purchased by the Tribe under this
contract.

The Tribe will evaluate all utility, land and lease issues affecting the
proposed project and ensure all requirements are properly met in
accordance with tribal, local or other federal regulations prior to
commencing design and construction; and conduct pre-design site
investigations.

*[Use this if force account is not contemplated or a combination of
subcontracting and force account is used.]{.mark}*

Upon approval of the construction documents, the Tribe will provide
bidding services and award a contract for construction.

**[Phase III - Construction Services]{.underline}**

The facility will be constructed in accordance with the approved
construction documents and [PSD/POR]{.mark}. Construction services
including the provision of all management supervision, inspection and
quality control, labor, materials, equipment, and services necessary to
complete the work in accordance with the construction documents prepared
as part of the design phase.

1.  **Design Statement** 25 CFR 900.125(b) (1)

> If design clarifications or modifications to the final construction
> contract are required, the Tribe agrees that revisions to the
> construction documents produced as a part of the contract will be
> produced in accordance with the Program of Requirements and/or Scope
> of Work attached hereto.

2.  **Construction Statement** 25 CFR 900.125(b) (2)

> The facility will be built in accordance with the construction
> documents produced as a part of design activities. The project
> documents, including the plans and specifications, are hereby
> incorporated into this contract through this reference.

3.  **Proposed Methods to Accommodate the Responsibilities of the
    Secretary provided in 25 CFR 900.131.** 25 CFR 900.125(b)(3)

> In accordance with 25 CFR 900.115(a), the Secretary's role in the
> conduct of a contracted construction project is limited to the
> Secretary's responsibilities set out in 25 CFR 900.131.

a.  In carrying out the responsibilities of this section, and
    specifically in carrying out review, comment and approval functions
    under this section, the Secretary shall provide for full tribal
    participation in the decision making process and shall honor tribal
    preferences and recommendations to the greatest extent feasible.
    This includes promptly notifying the Tribe of any concerns or issues
    in writing that may lead to disapproval, meeting with the Tribe to
    discuss these concerns and issues and to share relevant information
    and documents, and making a good faith effort to resolve all issues
    and concerns of the Tribe. The time allowed for government review,
    comment, and approval shall be no more than 21-days per review
    unless a different time period is negotiated. The 21-day time period
    may be extended if the Tribe agrees to the extension in writing.
    Disagreements over the government's decisions in carrying out these
    responsibilities shall be handled under Subpart N of the regulations
    governing contract disputes under the Contract Disputes Act. (25 CFR
    900.131(b)(1))

b.  National Environmental Policy Act (NEPA). [All NEPA approvals have
    been completed and approved by the IHS certifying official.]{.mark}
    If extraordinary or exceptional circumstances involving the NEPA and
    related environmental considerations are encountered in the project,
    or if there is any change in the project, which could change the
    project environmental determination, the Tribe agrees to stop
    construction in the area of discovery and to notify the appropriate
    authority and the IHS Designated Official for Contractual matters.
    (25 CFR 900.131(b)(2))

c.  [Where construction phase activities require design changes to final
    construction documents, IHS shall have the authority to review and
    approve final construction documents for general compliance with the
    contract requirements. The Tribe agrees to consult with the IHS
    designated official on all design changes prior to submission of the
    change to the IHS designated official for contractual
    matters.]{.mark}

[]{.mark}

d.  If the contracted project involves design activities, the Secretary
    reserves a royalty-free, nonexclusive, and irrevocable license to
    reproduce, publish or otherwise use, for Federal government
    purposes: The copyright in any work developed under a contract or
    subcontract; and any rights of copyright to which an Indian tribe or
    tribal organization or a tribal subcontractor purchases ownership
    through this contract. (25 CFR 900 (b)(5))

e.  [Notification of proposed changes (modification) will list the
    following: a description of the change, why the change is needed,
    estimated cost of the change, additional time required as a result
    of the change, and signature of the person authorized to negotiate
    agreements for the Tribe. The request for change will be submitted
    to the Secretary's designated official for contractual matters for
    review and approval prior to the work actually being performed. It
    is agreed that the Technical Representative for the Tribe and the
    Secretary will jointly scope and make reasonable effort to agree to
    the terms of the contract modification prior to formal submission by
    the Tribe.]{.mark} (addressed previously -- do we need to go over it
    again? If so, how about a short statement that the Secretary's
    responsibility is to review and approve changes timely, or something
    to that effect?)

f.  [Identify results of negotiation for review and comment on shop
    drawings for the contract. (25 CFR 900.131(b)(8))]{.mark}

[]{.mark}

g.  The IHS may conduct monthly on-site monitoring visits. *[Or
    alternatively may negotiate]{.mark}* milestone visits*.* (25 CFR
    900.131(b)(9))

h.  The Secretary retains the right to conduct final project inspections
    jointly with the Tribe and to accept the building or facility. If
    the Secretary identifies problems during final inspections, the
    information shall be provided to the Tribe and shall be limited to
    items that are materially noncompliant. (25 CFR 900(b)(10))

> [If use and possession is proposed by the tribal organization
> operating the facility prior to final acceptance of the by the
> Government, the tribe agrees that use and possession will not occur
> until substantial completion has been established and the Secretary
> has been provided an opportunity to jointly perform an inspection for
> substantial completion with the Tribe.]{.mark}

i.  Suspension of Work. The Secretary can require the Tribe to suspend
    work under a contract in accordance with this paragraph. The
    Secretary may suspend work under a contract for no more than
    [30]{.underline} days unless the Tribe has failed to correct the
    reason(s) for the suspension or unless the cause of the suspension
    cannot be resolved through either the efforts of the Secretary or
    the Tribe. (25 CFR 900.131(11))

    i.  The following are reasons the Secretary may suspend work under a
        self-determination contract for construction:

####### Differing site conditions encountered upon commencement of construction activities that impact health or safety concerns or shall require an increase in the negotiated project budget;

####### The IHS discovers materially non-compliant work;

####### Funds allocated for the project that is the subject of this contract are rescinded by Congressional action; 

####### Other Congressional actions occur that materially affect the subject matter of the contract.

ii. If the Secretary wishes to suspend the work, the Secretary shall
    first provide written notice and an opportunity for the Tribe to
    correct the problem. The Secretary may direct the Tribe to suspend
    temporarily work under a contract only after providing a minimum of
    [5]{.underline} working days advance written notice to the Tribe
    describing the nature of the performance deficiencies or imminent
    safety, health or environmental issues which are the cause for
    suspending the work.

iii. The Tribe shall be compensated for reasonable costs, including but
     not limited to overhead costs, incurred due to any suspension of
     work that occurred through no fault of the Tribe.

iv. Disputes arising as a result of a suspension of the work by the
    Secretary shall be subject to the Contract Disputes Act or any other
    alternative dispute resolution mechanism as negotiated between and
    agreed to by the parties and contained in the contract.

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j.  The Secretary can terminate for cause in the event non-compliant
    work is not corrected through the suspension process specified in 25
    CFR 900.125(b)(11). (25 CFR 900.131(b)(12))

k.  Termination for Convenience. The Secretary retains authority to
    terminate the project for convenience for the following reasons: (25
    CFR 900.131(b)(13))

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i.  Termination for convenience is requested by the Tribe;

ii. Termination for convenience is requested by the Secretary and agreed
    to by the Tribe.

iii. Funds allocated for the project that is the subject of the contract
     are rescinded by Congressional action.

iv. Other Congressional actions take place that affect the subject
    matter of the contract.

v.  If the Secretary terminates a self-determination contract for
    convenience, the Tribe shall provide the Tribe 21 days advance
    written notice of intent to terminate a contract for convenience; or

vi. The Tribe shall be compensated for reasonable costs incurred due to
    termination of the contract.

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4.  **Proposed Methods to Accommodate the Responsibilities of Tribe
    provided in 900.130 unless otherwise addressed in Part A of the
    Tribes proposal and minimum staff qualifications proposed by the
    Tribe.** 25 CFR 900.125(b) (4)

> The Tribe proposes the following methods to accommodate the
> responsibilities of the Tribe as described in 25 CFR § 900.130:

[]{.mark}

a.  [The Tribe will subcontract with or provide its own forces to
    conduct construction activities in accordance with the project
    construction documents. The Tribe plans to provide construction
    management and administration services, on-site surveying, materials
    testing and inspection, full time on-site observation by an
    Architect's Representative, and periodic A/E observation services in
    support of the
    \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Project.
    The Tribe intends to provide these services through subcontracts
    with \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.]{.mark} (25
    CFR 900.130 (a) and (c)(3))

b.  The Tribe shall direct the activities of project architects,
    engineer, construction contractors, and other project consultants,
    facilitate the flow of information between the Tribe and its
    subcontractors, resolve disputes between itself and its
    subcontractors to monitor the work produced by its subcontractors to
    assure compliance with the POR and/or plans and specifications. (25
    CFR 900.130 (b)(3) and (c)(4)).

c.  The Tribe shall manage or provide for the management of day-to-day
    activities of the contract including the issuance of construction
    change orders to subcontractors except that, unless the Secretary
    agrees: (25 CFR 900.130 (c)(5))

    i.  The Tribe may not issue a change order to a construction
        subcontractor that will cause the Tribe to exceed the
        performance period in its self-determination co exceed its self
        determination contract budget;

    ii. The Tribe may not issue a change order to a construction
        subcontractor that will cause the Tribe to e the performance
        period in its self determination budget; or

    iii. The Tribe may not issue a construction subcontractor a change
         order that is a significant departure from the from scope or
         objective of the project.

d.  The Tribe shall direct the work of its subcontractors so that work
    produced is provided in accordance with the contract budget and
    performance period as negotiated between and agreed to by the
    parties. (25 CFR 900.130 (b)(4) and (c)(6))

e.  The Tribe shall provide the Secretary with an opportunity to review
    and provide written comments on the project plans and specifications
    only at the concept phase, the schematic phase (or preliminary
    design), the design development phase, and the final construction
    document phase and approve the project plans and specifications for
    general compliance with contract requirements only at the schematic
    phase (or the preliminary design) and the final construction
    documents phase or as otherwise negotiated. (25 CFR 900.130(b)(5))

f.  The Tribe shall provide the Secretary with the plans and
    specifications after their final review so, if needed, the Secretary
    may obtain an independent government cost estimate in accordance
    with 900.131(b)(4) for the construction of the project. (25 CFR
    900.130(b)(6)

g.  Reports. The Tribe agrees to submit quarterly financial reports on
    an SF-269A and progress reports within forty-five (45) calendar days
    following the end of each quarter based on the Tribes financial
    fiscal year. (25 CFR 900.130 (b)(8) and (c)(7))

> Financial reports will report funds expended during the period and
> total funds expended for the project. The tribe will provide an
> initial schedule of values and updates as they may occur.
>
> Progress reports will include a narrative of the work accomplished,
> the percent of work completed, major subcontracts, modifications
> implemented during the report period, and A/E service deliverables. An
> initial construction schedule will be provided for each phase
> contracted and updated as schedule changes occur.

h.  Job Site or Project Office Records. The tribe will maintain an on
    the job-site or project office, and make available to the Secretary
    during monitoring visits: contracts, major subcontracts,
    modifications, construction documents, change orders, shop drawings,
    equipment cut sheets, inspection reports, testing reports, and
    current redline drawings. (25 CFR 900.130 (c)(8))

i.  Contract Closeout. Upon completion of the project, the tribe will
    provide to the Secretary a reproducible copy of the record plans and
    a contract closeout report. The closeout report will include a final
    narrative report, final expenditure report and release of claims
    form. The reproducible copy of the record drawings will include an
    electronic cop of all as-built drawing files. The Tribe will retain
    project records and design documents for a minimum of
    [3]{.underline} years following completion of the contract. (25 CFR
    900.130 (b)(7) and (d))

j.  Sufficient Funding: For cost-reimbursable projects, the tribe shall
    not be obligated to continue performance that requires an
    expenditure of more funds than were awarded under the contract. If
    the Tribe has reason to believe that the total amount required for
    performance of the contract will be greater than the amount of funds
    awarded, it shall provide notice to the government within 10 days of
    discovery. If the government does not increase the amount of funds
    awarded under the contract, the Tribe may suspend performance of the
    contract until sufficient additional funds are awarded. (25 CFR
    900.130 (e))

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5.  **Budget** 25 CFR 900.125(b) (5)

> Attachment \_\_\_\_.

6.  **Period of Performance** 25 CFR 900.125(b) (6)

> Attachment \_\_\_\_\_, stipulates major contract activities and
> milestones that are expressed in calendar days.

7.  **Payment Schedule** 25 CFR 900.125(b) (7)

> Attachment \_\_\_

8.  **Construction Management Services (CMS) Contract Statement** 25 CFR
    900.125(b) (8)

> The *[insert name of tribe]{.mark}* has no CMS contract related to
> this project.

9.  **Tribal Resolution** 25 CFR 900.125(b) (9)

> Attachment A.

10. **Additional Responsibilities of the Secretary 25 CFR 900.125(b)
    (10).**

*[Insert as negotiated]{.mark}*

*[Who is responsible for securing permits? e.g., stormwater permits that
are issued under the Clean Water Act that is a law applicable to all
parties, including Tribes. Violators may be subject to fines or
imprisonment.]{.mark}*

**PART C -- ASSURANCES**

Assurances required by 25 CFR 900.125 is included in this proposal as
Attachment B.

**Part D - IDENTIFICATION OF FEDERAL LAWS, EXECUTIVE ORDERS, OR
REGULATIONS APPLICABLE TO THE CONTRACT.** 25 CFR 900.125 (d)

-   The Indian Self-Determination and Education Assistance Act and
    regulations promulgated under Title I there under.900.125(c) The
    Tribe provides the following assurances in its contract proposal:

\(1\) If the Tribe elects not to take title (pursuant to subpart I) to
Federal property used in carrying out the contract, \`\`The Tribe will
not dispose of, modify the use of, or change the terms of the real
property title, or other interest in the site and facilities without
permission and instructions from the awarding agency. The Indian tribe
or tribal organization will record the Federal interest in the title of
real property in accordance with awarding agency directives and will
include a covenant in the title of real property acquired in whole or in
part with Federal assistance funds to assure nondiscrimination during
the useful life of the project\'\'; and

\(2\) \`\`The Tribe will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4801 et seq.)\'\' which prohibits the use of
lead based paint in construction or rehabilitation of residential
structures;

\(3\) \`\`The Tribe will comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646),\'\'
which provides for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal participation in
purchases; and

\(4\) \`\`Except for work performed by tribal or tribal organization
employees, the Tribe will comply, as applicable, with the provisions of
the Davis-Bacon Act (40 U.S.C. 276c and 18 U.S.C. 874),\'\' for
Federally assisted construction sub agreements;

\(5\) \`\`The Tribe will comply with the flood insurance purchase
requirements of section 102(a) of the Flood Disaster Protection Act of
1973 (Pub. L. 93-234),\'\' which requires recipients in a special flood
hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is
\$10,000 or more;

\(6\) \`\`The Tribe will comply with all applicable Federal
environmental laws, regulations, and Executive Orders;\'\'

\(7\) \`\`The Tribe will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. 1271 et seq.) related to protecting the components or
potential components of the national wild and scenic rivers system;\'\'

\(8\) \`\`The Tribe will assist the awarding agency in assuring
compliance with section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. 470), EO 11593 (identification and
preservation of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).\'\'

> The Tribe agrees to include the following Federal Acquisition
> Regulations (FAR) and Health and Human Services Acquisition
> Regulations (HHSAR) or their equivalent as applicable in all
> subcontracts awarded under this contract. These clauses are intended
> to provide the tribe the subcontract clauses specific to construction
> contracting that are necessary to ensure that the contract may be
> carried out in a satisfactory manner or in the case of Davis Bacon Act
> as required by law.

HHSAR 352.239-9 Withholding of Contract Payments

HHSAR 352.270-4 Pricing of Adjustments

52.209-6 Protecting the Government's Interest when Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment

52.211-10 Commencement, Prosecution, and Completion of Work

52.211-12 Liquidated Damages -- Construction (If determined appropriate
by the tribe)

52.211-13 Time Extensions

52.211-18 Variation in Estimated Quantity

52.222-6 Davis Bacon Act (Applies only to other than the tribe or a
tribal organization.)

7.  Withholding of Funds (Applies only to other than the tribe or a
    tribal organization.)

8.  Payrolls and Basic Records (Applies only to other than the tribe or
    a tribal organization.)

52.222-9 Apprentices and Trainees (Applies only to other than the tribe
or a tribal organization.)

52.222-10 Compliance with Copeland Act Requirements (Applies only to
other than the tribe or a tribal organization.)

11. Subcontracts (Applies only to other than the tribe or a tribal
    organization.)

12. Contract Termination-Debarment (Applies to other than the tribe or a
    tribal organization.)

13. Compliance with Davis-Bacon and Related Act Regulations (Applies
    only to other than the tribe or a tribal organization.)

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14. Disputes Concerning Labor Standards (Applies only to other than the
    tribe or a tribal organization.)

15. Certification of Eligibility (Applies only to other than the tribe
    or a tribal organization.)

52.228-1 Bid Guarantee

5.  Insurance-Work on a Government Installation

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12. Prospective Subcontractor Requests for Bond

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15. Performance and Payment Bonds---Construction

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4.  Federal, State, and Local Taxes

52.232-5 Payments under Fixed-Price Construction Contracts

52.233-1 Disputes

52.236-2 Differing Site Conditions

52.236-3 Site Investigation and Conditions Affecting the Work

52.236-5 Material and Workmanship

52.236-6 Superintendence by the Contractor

52.236-7 Permits and Responsibilities

52.236-8 Other contracts

52.236-9 Protection of Existing Vegetation, Structures, Equipment

52.236-10 Operation and Storage Areas

52.236-11 Use and Possession Prior to Completion

52.236-12 Cleaning Up

52.236-13 Accident Prevention

52.236-14 Availability and Use of Utility Services

52.236-15 Schedules for Construction Contracts

52.236-16 Quantity Surveys.

52.236-17 Layout of Work.

52.236-21 Specifications and Drawings for Construction.

52.242-13 Bankruptcy

52.242-14 Suspension of Work

52.243-4 Changes

52.246-12 Inspection of Construction

52.246-21 Warranty of Construction

52.249-2 Termination for Convenience of the Government
(Fixed-Price)-Alternate I

10. Default (Fixed-Price Construction)

The Tribe agrees to secure performance and payment bonds for all
subcontracts consistent with the requirements of FAR 28.103-2(b) and
28.103-3(c), and FAR subsection 28.102-3.

A/E Subcontract Design Clauses

4.  Subcontracts and Outside Associates and Consultants

52.232-10 Payments under Fixed-Price Architect-Engineer Contracts

52.236-22 Design within Funding Limitations

52.236-23 Responsibility of the Architect-Engineer Contractor

24. Work Oversight in Architect-Engineer Contracts

52.236-25 Requirement for Registration of Designers