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Construction contracting under Pub. L. 93-638 is very different from typical commercial construction contracting. Construction contracts entered into between tribal nations and the federal government are not “procurement contracts”. Federal procurement rules are waived so federal procurement rules like the Federal Acquisition Regulations (FAR) do not apply to these contracts. Stringent rules are avoided. Tribes do not have to “compete and qualify for” construction contract as the tribes are presumed to be capable of contracting for construction projects.

This course provides special insight into the unique provisions for construction projects under the Indian Self-Determination Act and focusing on Subpart J of the implementing regulations. It provides guidance on how to apply and exercise tribal sovereign rights and protections, tribal employment and contracting laws; waiver of tribal sovereign immunity, contract dispute resolution and mediation processes. If tribes have their own construction companies, then certain federal laws such as the Davis-Bacon Act are waived.

This 3-day course covers various phases of the construction process including pre-construction planning, design, contract proposal process, construction standards, subcontracting rules, bonding requirements (Miller Act), Indian preference, engineers’ cost estimates, fixed price vs. cost-reimbursement contracts, advance payment schedules, indirect costs vs. fixed fees, Contract Disputes Act. The course includes detailed instruction on the National Environment Policy Act (NEPA) process and the National Historic Preservation Act (NHPA) compliance requirements.