# 25 C.F.R. § 900.115 (2025): How do self-determination construction contracts relate to ordinary Federal procurement contracts? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_115 ## Section - **Citation:** 25 C.F.R. § 900.115 (2025) - **Heading:** How do self-determination construction contracts relate to ordinary Federal procurement contracts? - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 25 CFR: Indians / Chapter V: BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES / Part 900: CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT / Subpart J: Construction / § 900.115: § 900.115 How do self-determination construction contracts relate to ordinary Federal procurement contracts? ## Text (a) A self-determination construction contract is a government-to-government agreement that transfers control of the construction project, including administrative functions, to the contracting Indian tribe or tribal organization to facilitate effective and meaningful participation by the Indian tribe or tribal organization in planning, conducting, and administering the construction project, and so that the construction project is responsive to the true needs of the Indian community. The Secretary's role in the conduct of a contracted construction project is limited to the Secretary's responsibilities set out in § 900.131. (b) Self-determination construction contracts are not traditional “procurement” contracts. (1) With respect to a construction contract (or a subcontract of such a construction contract), the provisions of the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq. ) and the regulations promulgated under that Act, shall apply to a construction contract or subcontract only to the extent that application of the provision is: (i) Necessary to ensure that the contract may be carried out in a satisfactory manner; (ii) Directly related to the construction activity; and (iii) Not inconsistent with the Act. (2) A list of the Federal requirements that meet the requirements of this paragraph shall be included in an attachment to the contract under negotiations between the Secretary and the Indian tribe or tribal organization. (3) Except as provided in paragraph (b)(2) of this section, no Federal law listed in section 105(3)(C)(ii) of the Act or any other provision of Federal law (including an Executive order) relating to acquisition by the Federal government shall apply to a construction contract that an Indian tribe or tribal organization enters into under this Act, unless expressly provided in the law. (c) Provisions of a construction contract under this subpart shall be liberally construed in favor of the contracting Indian tribe or tribal organization. ## Nearby sections - [25 C.F.R. § 900.110 (2025) § 900.110 What does this subpart cover?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_110.md) - [25 C.F.R. § 900.111 (2025) § 900.111 What activities of construction programs are contractible?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_111.md) - [25 C.F.R. § 900.112 (2025) § 900.112 What are construction phases?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_112.md) - [25 C.F.R. § 900.113 (2025) § 900.113 Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_113.md) - [25 C.F.R. § 900.114 (2025) § 900.114 Why is there a separate subpart in these regulations for construction contracts and grants?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_114.md) - [25 C.F.R. § 900.115 (2025) § 900.115 How do self-determination construction contracts relate to ordinary Federal procurement contracts?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_115.md) - [25 C.F.R. § 900.116 (2025) § 900.116 Are negotiated fixed-price contracts treated the same as cost-reimbursable contracts?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_116.md) - [25 C.F.R. § 900.117 (2025) § 900.117 Do these “construction contract” regulations apply to planning services?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_117.md) - [25 C.F.R. § 900.118 (2025) § 900.118 Do these “construction contract” regulations apply to construction management services?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_118.md) - [25 C.F.R. § 900.119 (2025) § 900.119 To what extent shall the Secretary consult with affected Indian tribes before spending funds for any construction project?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_119.md) - [25 C.F.R. § 900.120 (2025) § 900.120 How does an Indian tribe or tribal organization find out about a construction project?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_120.md) - [25 C.F.R. § 900.121 (2025) § 900.121 What happens during the preplanning phase and can an Indian tribe or tribal organization perform any of the activities involved in this process?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_121.md) - [25 C.F.R. § 900.122 (2025) § 900.122 What does an Indian tribe or tribal organization do if it wants to secure a construction contract?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_122.md) - [25 C.F.R. § 900.123 (2025) § 900.123 What happens if the Indian tribe or tribal organization and the Secretary cannot develop a mutually agreeable contract proposal?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_123.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T25_P900_S900_115. Check the current official text before relying on it. Not legal advice.