regulation

Bureau of Indian Affairs, Interior, IHS, HHS
dispute resolution mechanism as negotiated between and agreed to by the
parties and contained in the contract.
(12) The Secretary can terminate the
project for cause in the event non-compliant work is not corrected through
the suspension process specified in
paragraph (11) of this section.
(13) The Secretary retains authority
to terminate the project for convenience for the following reasons:
(i) Termination for convenience is requested by the Indian tribe or tribal organization;
(ii) Termination for convenience is
requested by the Secretary and agreed
to by the Indian tribe or tribal organization;
(iii) Funds allocated for the project
that is the subject of the contract are
rescinded by Congressional action;
(iv) Other Congressional actions take
place that affect the subject matter of
the contract;
(v) If the Secretary terminates a selfdetermination construction contract
for convenience, the Secretary shall
provide the Indian tribe or tribal organization 21 days advance written notice
of intent to terminate a contract for
convenience; or
(vi) The Indian tribe or tribal organization shall be compensated for reasonable costs incurred due to termination
of the contract.
§ 900.132 Once a contract and/or grant
is awarded, how will the Indian
tribe or tribal organization receive
payments?
(a) A schedule for advance payments
shall be developed based on progress,
need, and other considerations in accordance with applicable law. The payment schedule shall be negotiated by
the parties and included in the contract. The payment schedule may be
adjusted as negotiated by the parties
during the course of the project based
on progress and need.
(b) Payments shall be made to the Indian tribe or tribal organization according to the payment schedule contained in the contract. If the contract
does not provide for the length of each
allocation period, the Secretary shall
make payments to the Indian tribe or
tribal organization at least quarterly.
Each allocation shall be adequate to

§ 900.133
provide funds for the contract activities anticipated to be conducted during
the allocation period, except that:
(1) The first allocation may be greater than subsequent allocations and include mobilization costs, and contingency funds described in § 900.128(e)(8);
and
(2) Any allocation may include funds
for payment for materials that will be
used during subsequent allocation periods.
(c) The Indian tribe or tribal organization may propose a schedule of payment amounts measured by time or
measured by phase of the project (e.g.,
planning, design, construction).
(d) The amount of each payment allocation shall be stated in the Indian
tribe or tribal organization’s contract
proposal. Upon award of the contract,
the Secretary shall transfer the
amount of the first allocation to the
Indian tribe or tribal organization
within 21 days after the date of contract award. The second allocation
shall be made not later than 7 days before the end of the first allocation period.
(e) Not later than 7 days before the
end of each subsequent allocation period after the second allocation, the
Secretary shall transfer to the Indian
tribe or tribal organization the amount
for the next allocation period, unless
the Indian tribe or tribal organization
is delinquent in submission of allocation period progress reports and financial reports or the Secretary takes action to suspend or terminate the contract in accordance with § 900.131(b)(11),
§ 900.131(b)(12), or § 900.131(b)(13).
§ 900.133 Does the declination process
or the Contract Dispute Act apply
to construction contract amendments proposed either by an Indian
tribe or tribal organization or the
Secretary?
The Contract Disputes Act generally
applies to such amendments. However,
the declination process and the procedures in § 900.122 and § 900.123 apply to
the proposal by an Indian tribe or tribal organization when the proposal is
for a new project, a new phase or discreet stage of a phase of a project, or
an expansion of a project resulting
from an additional allocation of funds
by the Secretary under § 900.120.

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