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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.
PL 93-638 Construction Contracting: Subpart J
The Indian Self-Determination Act, at Subpart J – Construction, provides tribes the opportunity to assume direct control and operation of any construction project and related activities authorized by the Act including: planning, design, construction, repair, improvement and expansion of buildings or facilities, housing, law enforcement and detention facilities, sanitation and water systems, roads, schools, administration and health facilities, irrigation and agricultural work, water conservation, flood control, port facilities, environmental, archaeological, cultural resource, historic preservation, and conduct of similar assessments.
Congressional COVID-19 related spending bills such as ARPA and IIJA authorize construction of water and sewer systems, water infrastructure, drinking water and wastewater infrastructure, road and bridge construction and repair, broadband, health facilities, housing improvements, repair and improvement of facilities, etc. These are projects and activities most typically carried on by BIA and IHS; and may be contracted (or “compacted”) by tribal governments under the Indian Self-Determination Act. Other opportunities are available to tribes through various federal discretionary grant programs.
This course will provide information and guidance on how tribal governments may take advantage of their right, under PL 93-638, to design and build these projects; or to improve current facilities and create jobs. The course “Tribal Transportation Programs: FAST Act” builds on this course with a specific focus on road, bridge, and trails construction. The course covers the construction project planning, engineering &; design, and construction phases; RFPs &; RFQs, cultural and environmental assessments and clearances, engineers’ cost estimates; and construction contract management &; oversight. It includes coverage on subcontracting, Davis-Bacon Act, Miller Act; and compliance with tribal environmental and employment laws (TERO), contract disputes and alternative dispute resolution processes; contract suspension or termination.
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