Eligible costs related to contracts include:

1. (1) The costs, including professional and engineering consultant services, for planning and design, including the cost for a sewer system evaluation survey if required, and obtaining loan funding in conformance with this part;
2. (2) The costs for construction and the purchase of materials and equipment for building the approved project;
3. (3) The costs of complying with the procurement requirements of 15 CAR § 26-211, including the cost of legal and engineering services incurred by the borrower in deciding procurement protests and defending their decisions in protest appeals;
4. (4) The costs for complying with minority and women's business utilization requirements;
5. (5) The costs of professional and consulting services incurred during the building of a project to ensure that it is built in conformance with the design drawings and specifications, including such items as resident inspection services and materials testing;
6. (6) The costs (including legal, technical, and administrative costs) of assessing the merits of or negotiating the settlement of a claim by or against a borrower under a subagreement, provided the claim is not caused by the mismanagement of the borrower or its agents;

7. (7)

   1. (A) Change orders and the costs of meritorious contractor claims for increased costs under construction contracts, provided the costs are within the scope of the project and not caused by the mismanagement of the borrower or its agents.

   2. (B) Examples of eligible change orders and contractor claim costs include:

      1. (i) Building costs resulting from correcting defects found in the plans, design drawings, and specifications or other contract documents after contract award;
      2. (ii) Costs of equitable adjustments due to differing site conditions, as defined by the commission staff's supplemental condition for construction contracts; and

      3. (iii) Settlements, arbitration awards, and court judgments that resolve contractor claims, provided the costs:

         1. (a) (a) Are determined by the commission staff to be reasonable; and
         2. (b) (b) Do not attempt to pass on the cost of events that were the responsibility of:
8. (1) (1) The borrower;
9. (2) (2) The contractor; or
10. (3) (3) Others;
11. (8) The costs of the services of the prime engineer required by 15 CAR § 26-701 et seq., during the first year following the completion of construction;
12. (9) The cost of development of an operation and maintenance manual as may be required by 15 CAR § 26-606;

13. (10) Start-up services for on-site training of operating personnel in operation and control of:

    1. (A) Specific treatment processes;
    2. (B) Laboratory procedures; and
    3. (C) Maintenance and records management;
14. (11) The costs of professional administrative and accounting services for the project;
15. (12) Costs for planning and design according to Appendix A of this part and as supported by invoices for costs incurred according to the contracts for such services; and
16. (13) Costs of force account work if allowed according to 15 CAR § 26-103.