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e-CFR data is current as of September 25, 2020

Title 25Chapter ISubchapter HPart 170Subpart E → Subject Group

Title 25: Indians
Subpart E—Service Delivery for Tribal Transportation Program

Miscellaneous Provisions

§170.605   May BIA or FHWA use force-account methods in the TTP?

When requested by a Tribe, BIA or FHWA may use force-account methods in carrying out the eligible work of the TTP. Applicable Federal acquisition laws and regulations apply to BIA and FHWA when carrying out force-account activities on behalf of a Tribe.

§170.606   How do legislation and procurement requirements affect the TTP?

Other legislation and procurement requirements apply to the TTP as shown in the following table:

Legislation, regulation or other requirementApplies to Tribes under self-
Applies to Tribes under self-
Applies to Tribes under BIA or FHWA program agreementsApplies to
performed by the Secretary
Buy Indian ActNoNoNoYes.
Buy American ActNoNoNoYes.
Federal Acquisition Regulation (FAR)No(a)NoNoYes.
Federal Tort Claims ActYesYesYesYes.
Davis-Bacon ActYes(b)Yes(b)Yes(b)Yes.

(a) Unless agreed to by the Tribe or Tribal organization under ISDEAA, 25 U.S.C. 450j(a), and 25 CFR 900.115.

(b) Does not apply when Tribe performs work with its own employees.

§170.607   Can a Tribe use its allocation of TTP funds for contract support costs?

Yes. Contract support costs are an eligible item out of a Tribe's TTP allocation and must be included in a Tribe's project construction budget.

§170.608   Can a Tribe pay contract support costs from DOI or BIA appropriations?

No. Contract support costs for TTP construction projects cannot be paid out of DOI or BIA appropriations.

§170.609   Can a Tribe receive additional TTP funds for start-up activities?

No. Additional TTP funding for start-up activities is not available.

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