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TRAINING & EVENTS
KIVA provides many customized training & events year round. These courses meet annual training certification requirements and we GUARANTEE them with post-training technical assistance. For more information, contact us at 866.202.5482 or [email protected]
KIVA offers a variety of specialized consulting services to tribal nations. Our staff and associates have over 75 years of hands-on experience eager to help reach tribal and individual goals.
KIVA Institute provides quality services to promote capacity building for Indian tribes and tribal organizations, alongside federal and local agency service providers. Our goal is to enhance relationships between Indian tribes and funding agencies, inspire tribal members towards developing a determined mindset and to assist in the preservation of the Indian culture while maintaining their sovereignty.
Construction Contracting under Indian Self-Determination Act
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.
Who Should Attend?
Tribal councils, school boards, health boards, federal awarding officials and their subordinates, tribal and federal project managers, tribal engineers, tribal administrators, tribal finance staff, tribal purchasing staff, tribal consultants, attorneys; construction contracting firms.
What Will I Learn?
Overview of the Indian Self-Determination Act with a special emphasis on construction contracting
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.
Roles and responsibilities of tribes and federal funding agencies, including the role of the federal awarding official and their subordinates
Different types of construction contracts and types of fixed-price contracts
Contract bidding process including development of project specifications, development of bid specifications, conducting bid opening, contract negotiation, and award
How to develop contracts and subcontracts taking into account tribal sovereign rights, tribal laws, bonding, and insurance requirements.
How to harness NEPA and NHPA as planning tools to make projects more efficient and more beneficial to the host communities.
Contract administration and oversight, including monitoring, inspections, payment requests; changes, claims, dispute management, subcontract management; building systems and warranties and closeout
Negotiation tips and techniques