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—
�
