The award of contracts and subcontracts for goods and services
purchased by the Tribe or a tribal business operating on the Reservation
shall include preference criteria to the greatest extent possible.
The award of contracts and subcontracting for goods and services by
the Tribe or a tribal business shall include preference criteria which
create business opportunities for qualified bidders which are certified
NHBP-owned businesses, NHBP member-owned businesses, certified NHBP
family-owned businesses, certified tribally owned businesses, and
other certified Native American-owned businesses. The contracting
preferences required by this chapter shall not be construed to require
the Tribe or tribal business to purchase goods or services that do
not meet the demonstrable business needs or technical requirements
of the Tribe or any tribal business.
Provided the bid or proposal is on terms that are no less favorable
to the Tribe or a tribal business, as the case may be, preference
for contracting and subcontracting shall be granted to qualified bidders
according to the following priority:
A. First preference is an NHBP-owned business.
B. Second preference is any NHBP member-owned business.
C. Third preference is any NHBP family-owned business.
D. Fourth preference is any tribally owned business or any other Native
American-owned business.
A Purchasing Office shall have the discretion to determine if
any contractor or subcontractor meets the technical, administrative
and financial qualifications it requires for any particular contract
or subcontract. If the Purchasing Office determines that a certified
preference business is not technically qualified, the Purchasing Office
must provide to each certified preference business it rejects written
reasons for the rejection.
A. If the Purchasing Office determines that one or more certified preference
businesses lack the qualifications to perform all of the work or requirements
specified in an invitation to bid or RFP, the Purchasing Office may,
in its discretion, divide the work required into smaller portions
so that certified preference businesses can qualify.
B. If a certified preference business is disqualified on the grounds that it is technically unqualified and believes the disqualification was the result of an incorrect decision or an improper effort by a Purchasing Department to circumvent its preference responsibilities under this chapter, the certified preference business may file a complaint with the Officer in accordance with the procedures described in §
5.4-13.