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<br />002097 <br /> <br />perfonnance of specific project activities, as negotiated and specified in the contract. <br /> <br />9. Reclamation remains the final authority over the order which contracts are awarded <br />and for determining the distribution of funding. <br /> <br />G. Type of Public Law 93-638 Contract. All P.L. 93-638 Construction Contracts for the <br />individual features ofthis project will be finn-fix ed-price contracts. <br /> <br />H. Funding Amount. <br /> <br />I. The total amount of funding for each Construction Contract for the individual project <br />features shall be detennined pursuant to 25 CFR 900.127, 128, and 129, as applicable to fixed- <br />price construction contracts. The negotiated amount for each Construction Contract will be <br />specified in the individual contract. In some cases, the amount will be incrementally funded <br />pursuant to WBR 1452.232-80, Limitation of Funds - Fixed Price Contract, included in each <br />Construction Contract and paid in accordance with the payment schedule included in each <br />Contract and as stated in Contract provision I (payment) below. The individual contract amounts <br />will be based on a combination of fixed-priced lump sum line items and estimated-quantity <br />fixed-unit-priced line items. The estimated-quantity line items will be subject to adjustment in <br />accordance with FAR 52.21 1-18, Variation in Estimated Quantity. Both the lump sum fixed- <br />priced line items and fixed-unit-priced items shall include all allowable, allocable, reasonable, <br />and necessary direct and indirect cost elements and profit. Such pricing shall include (but not be <br />limited to) labor, equipment, materials, subcontracts, management, fringe benefits, other <br />overhead costs, general and administrative costs, and profit which shall be established taking into <br />consideration the risks associated with carrying out this fixed-price contract, including any <br />contingency costs. The pricing for the individual Construction Contract will be detennined <br />during negotiations and will directly reflect the current market conditions and the work required <br />for each contract. In calculating the allowable indirect costs associated with each Contract, only <br />those costs associated with the administration of the Contract and not those moneys actually <br />passed on by the Contractor to other contractors and subcontractors will be considered. <br /> <br />2. Financial Management System Standards. The Contractor shall expend and account <br />for Contract funds in accordance with all applicable tribal laws, regulations, and procedures; and <br />shall institute a financial management system which at least meets the standards specified in <br />25 CFR 900 Subpart F. <br /> <br />3. Carryover. Iffunds remain at the end ofa fiscal year during each individual <br />construction contract, those funds shall be carried over to the next fiscal year, and shall be <br />applied by the Contractor to the project for which the Contract funds were originally intended. <br /> <br />13 <br />