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<br />, ( <br /> <br />10 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />II <br /> <br />described in Section D, Reclamation used an EDF factor in developing the 2003 <br />estimate to account for the cost of construction under the ISDEA. The EDF was <br />calculated as the percentage ofthe amount over the IGCE and then extrapolated <br />over the construction costs remaining for the Project. The EDF was estimated to <br />be 30 percent of future Tribal construction, or $39.2 million. It is estimated that <br />, ' <br />$3.6 million would be used for direct Tribal involvement in ALP. This combined <br />total accounts for $43 million of the difference between the 1999 PCE and the <br />2003 PCE. The $43 million is a conservative figure and is based solely on the <br />small number of project contracts issued to date (see Appendix 6).5 <br /> <br />The IGCE is a tool that is used by the contracting officer to help guide the <br />evaluation and negotiation of bid proposals. The IGCE does not directly relate <br />back to the 2003 PCE for the entire project (i.e., the component IGCEs will never <br />collectively add up to the 2003 construction cost estimate) and for this reason is <br />not an accurate measure of actual project costs versus estimated project costs.6 <br /> <br />Another potential problem with using the difference between the IGCE and the <br />award amount to account for ISDEA costs is that the IGCE does not account for <br />any changes in the scope of project that occur as a result of negotiations. These <br />scope changes occur in virtually every major construction contract, regardless of <br />whether the contract is authorized under the ISDEA or under the Federal <br />Acquisitions Regulation (FAR). Negotiations result in a detailed mutual <br />understanding of the scope and approach to the work which is not ascertained in <br />the original IGCE. <br /> <br />In light of the inaccuracies of using the IGCE as the basis from which to track <br />project costs, the ALP Construction Office related the tentative award amount of a <br />contract currently under negotiation at the time of this report back to the 2003 <br />construction cost estimate for those very same components. The results show that <br />the tentative award came in less than the amount allotted for this work even <br />without including the 30 percent EDF.7 <br /> <br />Clearly, the application of the ISDEA will cause the project to incur additional <br />costs over what would normally be incurred using competitive bids. The 1999 <br /> <br />, The ALP Construction Office structured the construction contract for the Project so that each <br />component part of the Project would be separately bid, as opposed to one bid for the entire Project. <br />The reason that the $43 million is considered to be conservative is because, as mentioned, less <br />than $10 million worth of contracts has been awarded and start-up costs, other one-time expenses, <br />and some scope changes are included in the fIrst few contracts. As more contracts are negotiated, <br />the award amounts could be less (see footnote 6). <br /> <br />6 On all the contracts issued to date the government updated its negotiation position to account for <br />both changes to the scope and the statutory components for an award of a construction contract <br />under the ISDEA. The difference between the updated negotiation position and the award has <br />been less than the 30 percent EDF. <br /> <br />7 The contract was for the foundation excavation for Ridges Basin Dam. <br />