[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
When the lowest responsive bid is ...
Less than $100,000
10% of that bid up to $9,000
At least $100,000 but less than $200,000
9% of that bid up to $16,000
At least $200,000 but less than $300,000
8% of that bid up to $21,000
At least $300,000 but less than $400,000
7% of that bid up to $24,000
At least $400,000 but less than $500,000
6% of that bid up to $25,000
At least $500,000 but less than $1,000,000
5% of that bid up to $40,000
At least $1,000,000 but less than $2,000,000
4% of that bid up to $60,000
At least $2,000,000 but less than $4,000,000
3% of that bid up to $80,000
At least $4,000,000 but less than $7,000,000
2% of that bid up to $105,000
$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)
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.]