{"data":{"id":"us/42-cfr-137.335","jurisdiction":"us","citation":"42 CFR 137.335","heading":"What costs may be included in the budget for a construction agreement?","body":"(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.\n(b) Regardless of whether a construction project agreement is fixed price or cost-reimbursement, budgets may include costs or fees associated with the following:\n(1) Construction project proposal preparation;\n(2) Conducting community meetings to develop project documents;\n(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;\n(4) Real property lease or acquisition;\n(5) Development of project surveys including topographical surveys, site boundary descriptions, geotechnical surveys, archeological surveys, and NEPA compliance;\n(6) Project management, superintendence, safety and inspection;\n(7) Travel, including local travel incurred as a direct result of conducting the construction project agreement and remote travel in conjunction with the project;\n(8) Consultants, such as demographic consultants, planning consultants, attorneys, accountants, and personnel who provide services, to include construction management services;\n(9) Project site development;\n(10) Project construction cost;\n(11) General, administrative overhead, and indirect costs;\n(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;\n(13) Other costs directly related to performing the construction project agreement;\n(14) Project Contingency:\n(i) A cost-reimbursement project agreement budgets contingency as a broad category. Project contingency remaining at the end of the project is considered savings.\n(ii) Fixed-price agreements budget project contingency in the lump sum price or unit price.\n(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.","path":["Title 42—Public Health","CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES","SUBCHAPTER M—INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES","PART 137—TRIBAL SELF-GOVERNANCE","Subpart N—Construction"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-42.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:11Z","sha256":"15beb6d9be97ae872c083c22352acaebb91da069a9995540c608ad9f84045762","source_id":"us-cfr","stale":true,"prev":"us/42-cfr-137.334","next":"us/42-cfr-137.336"},"notice":"GroundRules: Original legal text. Not legal advice."}