Why I Should Attend?
Many tribal nations have limited internal capacity to develop and oversee construction projects, yet tribes spend millions of dollars on construction projects annually. Many tribal nations also have a limited knowledge of their unique rights when contracting for construction projects and programs under the Indian Self-Determination Act.
Construction contracting under Public Law 93-638, the Indian Self-Determination & Education Assistance Act, is very different from typical commercial construction contracting. Contracts entered into between tribal nations and the federal government under P.L. 93-638 are not “procurement contracts”. As such, the federal procurement rules like the Federal Acquisition Regulations (FAR) do not apply to these contracts, avoiding stringent rules.
The Indian Self-Determination Act provides many benefits for Indian tribes. This course provides a special insight into the unique provisions for construction programs under P.L. 93-638. It also provides guidance on how to apply and exercise tribal sovereign rights and protections, tribal employment and contracting laws; waiver of tribal employment and contracting laws; waiver of tribal sovereign immunity and contract resolution processes.
This course also provides guidance on how to apply and exercise tribal sovereign rights and protections, tribal employment and contracting laws; contract dispute resolution processes. Learn various types of contracts, how to plan construction projects, develop milestones, develop pricing and costing scenarios, how to oversee construction projects, bidding process, environmental clearances, and contract closeout.ls, and give your tribe an edge in these challenging times of “across-the-board” budget cuts.
Who Should Attend?
Elected tribal officials, board members, tribal project managers, tribal planners, engineers, program managers, finance and accounting staff, grants and contracts staff, tribal attorneys, federal contracting staff including awarding officials, AOTRs and federal line officers will all benefit from this course.
What Will I Learn?
- Overview of Pub. L. 93-638 Indian Self-Determination & Education Assistance Act, with a special emphasis on Construction Contracting and differences between Commercial Contracting and contracting under the Indian Self-Determination Act.
- In-depth review of 25 CFR Part 900, Subpart J – Construction Contracting regulations.
- Defining and identifying roles and responsibilities between tribal nations and federal funding agencies.
- Construction Management Services (CMS) and the role and impact of CMS providers.
- Different types of construction contracts and types of fixed price contracts; and how each type may be of benefit to you.
- Project organization and strategy including project schedules, schedule management, design phase, environmental and cultural reviews and clearances, rights-of-way.
- Contract bidding process including development of bid specifications, conducting bid opening, contract negotiation and award.
- Developing contract and subcontracts taking into account tribal sovereign rights, tribal laws, bonding and insurance requirements.
- Contract administration and oversight, including monitoring, inspections, payment requests; changes, claims, dispute management, subcontract management; building systems and warranties and closeout