Code of Federal Regulations - Title 25: Indians (December 2005)
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TITLE 25 - INDIANS
CHAPTER I - BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
SUBCHAPTER M - INDIAN SELF - DETERMINATION AND EDUCATION ASSISTANCE ACT PROGRAM
PART 273 - EDUCATION CONTRACTS UNDER JOHNSON - O'MALLEY ACT
subpart d - GENERAL CONTRACT REQUIREMENTS
273.46 - Liability and motor vehicle insurance.
(a) States, school districts and Indian corporations shall obtain public liability insurance under contracts entered into with the Bureau under this part. However, where the Bureau contracting officer determines that the risk of death, personal injury or property damage under the contract is small and that the time and cost of procuring the insurance is great in relation to the risk, the contractor may be exempted from this requirement.
(b) Notwithstanding paragraph (a) of this section, any contract which requires or authorizes, either expressly or by implication, the use of motor vehicles must contain a provision requiring the State, school district, or Indian corporation to provide liability insurance, regardless of now small the risk.
(c) If the public school authority is self-insured and can present evidence of that fact to the Area Director or Commissioner, liability and motor vehicle insurance will not be required.
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