StacksVerified U.S. regulatory reference

42 CFR §137.335

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
  1. (a)A Self-Governance Tribe may include costs allowed by applicable OMB Circulars, and costs allowed under sections 508(c) [25 U.S.C. 458aaa-7(c)], 106 [25 U.S.C. 450j-1] and 105 (m) of the Act [25 U.S.C. 450j(m)]. The costs incurred will vary depending on which phase of the construction process the Self-Governance Tribe is conducting and type of construction project agreement that will be used.
  2. (b)Regardless of whether a construction project agreement is fixed price or cost-reimbursement, budgets may include costs or fees associated with the following:
    1. (1)Construction project proposal preparation;
    2. (2)Conducting community meetings to develop project documents;
    3. (3)Architects, engineers, and other consultants to prepare project planning documents, to develop project plans and specifications, and to assist in oversight of the design during construction;
    4. (4)Real property lease or acquisition;
    5. (5)Development of project surveys including topographical surveys, site boundary descriptions, geotechnical surveys, archeological surveys, and NEPA compliance;
    6. (6)Project management, superintendence, safety and inspection;
    7. (7)Travel, including local travel incurred as a direct result of conducting the construction project agreement and remote travel in conjunction with the project;
    8. (8)Consultants, such as demographic consultants, planning consultants, attorneys, accountants, and personnel who provide services, to include construction management services;
    9. (9)Project site development;
    10. (10)Project construction cost;
    11. (11)General, administrative overhead, and indirect costs;
    12. (12)Securing and installing moveable equipment, telecommunications and data processing equipment, furnishings, including works of art, and special purpose equipment when part of a construction contract;
    13. (13)Other costs directly related to performing the construction project agreement;
    14. (14)Project Contingency:
      1. (i)A cost-reimbursement project agreement budgets contingency as a broad category. Project contingency remaining at the end of the project is considered savings.
      2. (ii)Fixed-price agreements budget project contingency in the lump sum price or unit price.
  3. (c)In the case of a fixed-price project agreement, a reasonable profit determined by taking into consideration the relevant risks and local market conditions.