[Adopted 11-4-2010 by Ord. No. 10-26; amended in its entirety 2-20-2020 by Ord. No. 19-43]
The purpose of this article is to promote business opportunities,
economic development and self-sufficiency to Menominee tribal members
by providing preference in contracting opportunities provided by the
Tribe and its charter entities.
As used in this article, the following terms shall have the
meanings indicated:
APPEALS COMMITTEE
This committee is made up of a Tribes' Preference Coordinator,
Project Manager and/or Administrative Manager, and Board member or
Legislature member (whichever is applicable). This committee reviews
decisions made to place contractors on the Menominee Tribal Department
list.
COMPETITIVE SOLICITATIONS
Solicitations for construction proposals are requested from
a number of sources. Competitive solicitations fall under the provisions
of this article.
CONTRACT
Any and all written agreements that consist of an offer,
consideration and acceptance entered into by a covered entity for
the purpose of procuring services, or mixed goods and services, where
at least some portion of those services will be provided on the Menominee
Indian Reservation. Any agreement for the purchase of goods only is
not a contract for the purposes of this article.
CONTRACTOR
Any business, entity, corporation, partnership, joint stock
company, joint venture, limited-liability company, limited partnership,
tribal instrumentality or individual or sole proprietorship that enters
into a contract with a covered entity.
COVERED ENTITY
The Menominee Indian Tribe of Wisconsin, Menominee Tribal
Enterprises, College of the Menominee Nation, Menominee Indian Gaming
Authority and any other business chartered pursuant to Article XII
or XIII of the Menominee Constitution.
GOVERNING BOARD
The Board that governs a covered entity. For purposes of
this article, "governing board" can also refer to the Legislature
when a tribal department is a party in the contract.
INDIAN
Any person who is an enrolled member of any Indian tribe,
band, group, pueblo or community which is recognized by the federal
government as eligible for services from the Bureau of Indian Affairs
and any "native" as defined in the Alaska Native Claims Settlement
Act.
LEGISLATURE
The duly elected governing body of the Menominee Indian Tribe
of Wisconsin.
MENOMINEE BUSINESS
Any business, entity, corporation, partnership, joint stock
company, joint venture, limited-liability company, limited partnership,
tribal instrumentality or individual or sole proprietorship which
the Preference Coordinator determines to be at least 51% owned, operated,
as well as management of daily operations are controlled by a Menominee
Tribal member or members who serve a useful business function. The
business must demonstrate with clear and convincing evidence that
the Menominee Tribal member or members own 51% of the business. The
burden of proof lies solely on the business to demonstrate compliance.
MENOMINEE MEMBER
A person enrolled with the Menominee Indian Tribe of Wisconsin
pursuant to the requirements of the Constitution and Bylaws of the
Menominee Indian Tribe of Wisconsin and applicable tribal ordinances.
MENOMINEE TRIBAL DEPARTMENT LIST
List maintained by the Menominee Tribal Lending and Tribal
Tax Department that prohibits contractors on the list from conducting
business with the Tribe or any covered entity.
MENOMINEE WORKFORCE
For any individual contract, the amount of Menominee members
employed shall be 20% of the total projected hours throughout the
performance of the contract.
NONCOMPETITIVE SOLICITATIONS
A solicitation of a proposal from a source in a specialized
field. Noncompetitive solicitations do not fall under the provisions
of this article. For the Menominee Indian Gaming Authority, this would
include, but not be limited to, Class II or III gaming supplies and
equipment.
SUBCONTRACTOR
Any business, entity, corporation, partnership, joint stock
company, joint venture, limited-liability company, limited partnership,
tribal instrumentality or individual or sole proprietorship that enters
into a contract with a contractor to provide goods or services related
to a contractor's contract with a covered entity.
The Menominee Tribal Legislature and its covered entities shall
each designate a Preference Coordinator who shall have the following
duties:
A. Shall develop and maintain written procedures in order to monitor
the contract/bid process to ensure that the provisions of this article
are being complied with.
B. Shall ensure that all contracts/bid announcements are posted on each
of the covered entities' websites (if applicable), the Tribe's
website and at the tribal offices bulletin board.
C. Shall investigate what obstacles exist that prevent Menominee businesses
from contracting and provide information, advice and feedback to Menominee
business owners regarding the contract/bidding process.
D. Shall perform compliance duties pursuant to this article.
E. May maintain a vendors list of Menominee businesses.
F. Shall evaluate and make requests for modification of any provisions
of this article to the applicable governing boards.
G. Shall complete a written report, on an annual basis, providing the number of contracts awarded to Menominee contractors versus those to non-Menominee contractors and include any reporting requirements from §
25-7C of this article. The report is to be provided to the Chairperson's office by October 31 of each year and to the covered entity's governing board and included in its annual report.
H. Shall provide written reports and notification to involved parties
when violations/appeals occur.
All contracts with the Tribe and covered entities that have
been approved for announcement shall be, at a minimum, posted:
B. On each covered entity's website (if applicable); and
C. A paper copy on the bid announcement bulletin board located in the
tribal office headquarters.
The Tribe and/or each covered entity may maintain a list of
Menominee-owned businesses for the purposes of promoting Menominee
businesses that it has already established a good working relationship
with. This provision, however, shall not prevent any new businesses
from being considered or from all bids from being evaluated fairly.
The contractor will have the right to appeal the decision of
the governing board and/or placement on the Menominee Tribal Department
List by following the following procedure:
A. Upon receipt of the mailed decision, the contractor will have five
days to file a written request of appeal with the Preference Coordinator.
The request will include the reasons why the decision should be reversed.
The Preference Coordinator shall immediately file the request with
the Contract Appeals Committee.
B. A hearing shall be set within 15 days of the date that the written
request of appeal was filed to the Contract Appeals Committee. The
Preference Coordinator shall serve the contractor with notice of the
hearing by mail or personal service at least five days before the
hearing.
C. The Contract Appeals Committee will conduct the review and allow
both the contractor to give a statement and the covered entity or
Tribe to give a statement, and the contractor can give an optional
final statement. The Contract Appeals Team will have the ability to
ask questions of both parties.
D. A written decision will be made within 15 days of the hearing, and
the Contract Appeals Committee will mail or personally deliver to
the contractor its written determination along with the reasons for
the determination.
If any provision of this article is held invalid by an appropriate
court of law, the remainder of this article, or the application of
the provision to other persons or circumstances, is not affected.
The preference requirements listed in this article constitute
the minimum requirements for the Tribe and the covered entities. Nothing
in this article shall prohibit the Tribe and the covered entities
from granting greater preference in contracting than what is required
by this article.