[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
This ordinance shall be known as the GTB Bidding Code. The GTB
Bidding Code's purpose is to provide a fair and equitable procedure
for obtaining competitive bids pursuant to requests for bids or other
bid solicitation procedures.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
This Code shall apply to the expenditure of Tribal funds for
1) the purchase of vehicles, software or equipment when the unit value
is over $5,000 and 2) the purchase of personal or professional services
when the contract is over $10,000. When a contract involves the expenditure
of federal, state or private funds, the bid shall be conducted in
accordance with applicable federal, state or private grantor agency
law and regulation.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
"Invitation for bids" means all documents, including those attached
or incorporated by reference, utilized for soliciting sealed bids.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
"Responsible bidder" means a bidder who submits a responsive
bid and who has furnished, when required, information and data to
prove that his financial resources, production or service facilities,
personnel, service reputation and experience are adequate to make
satisfactory delivery of the services, construction or items of tangible
personal property described in the invitation for bids.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
"Responsive bid" means a bid which conforms in all material
respects to the requirements set forth in the invitation for bids.
Material respects of a bid include but are not limited to price, quality,
quantity or delivery requirements.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
"Tribal preference" means, in order of preference, 1) any business
that is at least 51% owned by an individual who is a member of the
Grand Traverse Band of Ottawa and Chippewa Indians ("GTB member business")
and 2) any business that is at least 51% owned by an individual who
is a member of a federally recognized tribe ("Indian owned business").
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
(a) An invitation for bids shall be issued and shall include the specifications
for the services, construction or items of tangible personal property
to be procured, all contractual terms and conditions applicable to
the procurement including minimum/maximum time limits for bid submission,
the location where bids are to be received and the date, time and
place of the bid opening. The invitation for bids shall state that
Tribal preference will apply and that proof of tribal membership is
required.
(b) The invitation for bids or a notice thereof shall be published in
the Tribal newsletter, (if time permits) and a local newspaper. The
invitation for bids or a notice thereof shall also be posted at a
public place in the GTB Administration Office and the GTB/EDC Office
not less than 10 calendar days prior to the date set forth for the
opening of bids.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
Bids shall be unconditionally accepted for consideration for
award without alteration or correction, except as authorized in the
Bidding Code. Bids shall be evaluated based on the requirements set
forth in the invitation for bids, which requirements may include criteria
to determine acceptability such as inspection, testing quality, workmanship,
delivery and suitability for a particular purpose. Those criteria
such as discounts, transportation costs and total or lifecycle costs
that will affect the bid price shall be objectively measurable. The
invitation for bids shall set forth the evaluation criteria to be
used. No criteria may be used in bid evaluation that are not set forth
in the invitation for bids. If the lowest responsible bid has otherwise
qualified, and if there is no change in the original terms and conditions,
the lowest bidder may negotiate with the purchaser for a lower total
bid in order to avoid rejection of all bids for the reason that the
lowest bid was up to 10% higher than budgeted project funds. Such
negotiation shall not be allowed if the lowest bid was more than 10%
over budgeted project funds.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
(a) A bid containing a mistake discovered before bid opening may be modified
or withdrawn by a bidder prior to the time set for bid opening by
delivering written, electronic, or fax notice to the location designated
in the invitation for bids as the place where bids are to be received.
After bid opening, no modifications in bid prices or other provisions
of bids shall be permitted. A low bidder alleging a material mistake
of fact which makes his bid nonresponsive may be permitted to withdraw
its bid if:
(1)
The mistake is clearly evident on the face of the bid document;
or
(2)
The bidder submits evidence which clearly and convincingly demonstrates
that a mistake was made.
(b) Any decision by the Purchasing Manager or his/her authorized representative
to permit or deny the withdrawal of a bid on the basis of a mistake
contained therein shall be supported by a determination setting forth
the grounds for the decision.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
Tribal Preference shall be provided first to responsible GTB
member businesses and second to other responsible Indian owned businesses.
Their quotation or bid shall be considered the lowest responsible
bidder if their quotation or bid is no more than the appropriate percentage
over the quotation or bid of the lowest responsible bidder in accordance
with Chart A – “GTB BID CRITERIA.” The amount of
the Tribal preference shall not exceed the dollar values listed for
each level of bids.
Chart A - GTB Bid Criteria
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When the lowest responsive bid is ...
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Less than $100,000
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10% of that bid up to $9,000
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At least $100,000 but less than $200,000
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9% of that bid up to $16,000
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At least $200,000 but less than $300,000
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8% of that bid up to $21,000
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At least $300,000 but less than $400,000
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7% of that bid up to $24,000
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At least $400,000 but less than $500,000
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6% of that bid up to $25,000
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At least $500,000 but less than $1,000,000
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5% of that bid up to $40,000
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At least $1,000,000 but less than $2,000,000
|
4% of that bid up to $60,000
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At least $2,000,000 but less than $4,000,000
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3% of that bid up to $80,000
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At least $4,000,000 but less than $7,000,000
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2% of that bid up to $105,000
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$7,000,000 or more
|
1.5% of the lowest responsive bid, with no dollar limit
|
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
Bids shall be opened publicly by the GTB Purchasing Department
in the presence of one or more witnesses at the time and place designated
in the invitation of bids. The amount of each bid and each bid item
shall be recorded, and the record and each bid shall be open to public
inspection.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
A contract solicited by competitive sealed bids shall be awarded
with reasonable promptness by written notice to the lowest responsible
bidder.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
When competitive sealed bids are used and two or more of the
bids submitted are identical in price and are the low bid, the Purchasing
Manager may:
(a) Award by lottery to one of the identical low bidders if there were
no GTB member businesses or Indian owned businesses. If one of the
identical low bidders is a GTB member business or Indian owned business,
the bid shall be awarded to (in order of preference) 1) the GTB member
business or 2) the Indian owned business. If more than one GTB member
business is the identical low bidder than a lottery shall be held
only between the GTB member businesses; or
(b) Reject all bids and resolicit bids or proposals for the required
services, construction or items of tangible personal property.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
Small purchase procedures are those relatively simple and informational
procurement methods for securing services, supplies, or other property
that do not have a unit cost of more than $5,000. If the small purchases
procedure is used, the Tribal purchasing agent or purchasing division
shall procure services, construction or items of tangible personal
property having a value not exceeding $5,000 by obtaining price or
rate quotations from an adequate number of qualified sources. Documentation
of efforts to obtain price or rate quotations from vendors shall be
kept on file in the Purchasing Department.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
A contract may be awarded without competitive sealed bids regardless
of the estimated cost when the Tribal purchasing agent makes a determination,
after conducting a good-faith review of available sources and consulting
the using Tribal division or business division, that there is only
one source for the required service, construction or item of tangible
personal property. The Tribal purchasing agent shall conduct negotiations,
as appropriate, as to price, delivery and quantity in order to obtain
the price most advantageous to the Tribal division or Tribally-chartered
entity.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
(a) The Tribal purchasing agent or an authorized representative may make
or authorize others to make emergency procurements when there exists
a threat to public health, welfare, safety or property requiring procurement
under emergency conditions; provided that emergency procurements shall
be made with competition as is practicable under the circumstances.
A written determination of the basis for the emergency procurement
and for the. selection of the particular contractor shall be included
in the purchasing department files.
(b) An emergency condition is a situation which creates a threat to public
health, welfare or safety such as may arise by reason of floods, epidemics,
riots, equipment failures or similar events. The existence of the
emergency condition creates an immediate and serious need for services,
construction, or items of tangible personal property that cannot be
met through normal procurement methods and the lack of which would
seriously threaten:
(1)
The functioning of government;
(2)
The preservation or protection of property; or
(3)
The health or safety of any person.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
An invitation for bids or any other solicitation may be canceled
or any or all bids or proposals may be rejected in whole or in part
when it is in the best interest of the Tribal division or Tribally
chartered entity. A determination containing the reasons for cancellation
shall be made part of the bid file. If no bids are received or if
all bids received are rejected and if the invitation for bid was for
any tangible personal property, construction or service, then new
invitations for bids shall be requested. If upon rebidding the tangible
personal property, construction or services, the bids received are
unacceptable, or if no bids are secured, the purchasing office may
purchase the tangible personal property, construction or services
in the open market at the best obtainable price.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
The Tribal purchasing agent may waive technical irregularities
in the form of the bid or proposal of the low bidder or offeror which
do not alter the price, quality or quantity of the services, construction
or items of tangible personal property bid or offered.
[History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted
by Tribal Council on February 28, 2007.]
If a bidder or offeror who otherwise would have been awarded
a contract is found not to be a responsible bidder or offeror, a determination
that the bidder or offeror is not a responsible bidder or offeror,
setting forth the basis of the finding, shall be prepared by the Tribal
purchasing agent who makes such a determination. The unreasonable
failure of a bidder or offeror to promptly supply information, in
connection with an inquiry with respect to responsibility, is grounds
for a determination that the bidder or offeror is not a responsible
bidder or offeror.
Chart B
(Reserved)
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Bidding Code approved by motion of Tribal Council, March 22,
1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council
on April 22, 1997; and by Tribal Act #07-25.1773, enacted by Tribal
Council on February 28, 2007.]
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