CFR > 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 (parts 136 to 138) > PART 137—TRIBAL SELF-GOVERNANCE > SUBPART N—Construction (§137.270 to §137.379) > 137.350—Is a Self-Governance Tribe responsible for completing a construction project in accordance with the negotiated construction project agreement?

137.350—Is a Self-Governance Tribe responsible for completing a construction project in accordance with the negotiated construction project agreement?

Yes, a Self-Governance Tribe assumes responsibility for completing a construction project, including day-to-day on-site management and administration of the project, in accordance with the negotiated construction project agreement. However, Self-Governance Tribes are not required to perform beyond the amount of funds provided. For example, a Self-Governance Tribe may encounter unforeseen circumstances during the term of a construction project agreement. If this occurs, options available to the Self-Governance Tribe include, but are not limited to:
(a) Reallocating existing funding;
(b) Reducing/revising the scope of work that does not require an amendment because it does not result in a significant change;
(c) Utilizing savings from other projects;
(d) Requesting additional funds or appropriations;
(e) Utilizing interest earnings;
(f) Seeking funds from other sources; and/or
(g) Redesigning or re-scoping that does result in a significant change by amendment as provided in §§ 137.363 and 137.364.