Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

PAP.2.13.110 Property and Equipment Forms

(a) Addition of Property Inventory Form. This form is generated by the Department Directors whenever property, equipment or inventory is received. It should be forwarded to the Chief Procurement Officer. The Chief Procurement Officer is responsible for maintaining the property management system and the recording of general fixed assets in the system. The Chief Procurement Officer uses this form to document the addition of property, equipment or inventory.

(b) Property Inventory Data Sheet. This form, completed by the Department Director, provides custodian, description, condition and location of all property and equipment. Also, it is periodically updated as to the condition and location of property and equipment. A review of property and equipment should be carried out at least on a biannual basis.

(c) Property Disposition Authorization Form. This form, completed by the Custodian, provides reason for disposal, description, condition and location of all property and equipment. All disposals require the approval of the Department Director, authorization of the Chief Procurement Officer, and as required by law authorization of the granting agency.

(d) Transfer of Property Form. This form, completed by the Custodian, provides reason for transfer, description, condition and location of all property and equipment. All transfers require the approval of the Department Director, and authorization of the Chief Procurement Officer.

APPENDIX A:

INDIAN PREFERENCE GUIDELINES

INDIAN PREFERENCE:

Eligibility for Indian preference shall be established in accordance with the requirements of federal law. If the Tribe or its prime contractor determines an applicant ineligible for Indian preference, the Tribe or its prime contractor shall notify the applicant in writing before contract award, or filling the position, or providing the desired training

The Tribe may restrict procurement activity to eligible Indian organizations and Indian-owned economic enterprises.

Restricted Solicitations. The Tribe may provide Indian preference in procurement activities by advertising for bids or proposals from only qualified Indian organizations and Indian owned-enterprises. Or, the Tribe may use a two-stage preference procedure. The regulations describe the two-stage procedure as follows:

Stage 1. Invite or otherwise solicit Indian-owned economic enterprises to submit a statement of intent to respond to a bid announcement or request for proposals limited to Indian-owned firms.

Stage 2. If responses are received from more than one Indian enterprise found to be qualified, advertise for bids or proposals limited to Indian organizations and Indian-owned economic enterprises.

If the solicitation is restricted to qualified Indian owned economic enterprises and organizations, and two or more (or a greater number determined by the Tribe and stated in the invitation) qualified Indian owned economic enterprises or organizations submit responsive bids, award shall be made to the qualified enterprise or organization with the lowest responsive bid. If equal low bids are received, drawing lots or similar random method shall make award, unless otherwise provided in state, tribal, or local law. If fewer than the minimum number of qualified Indian owned economic enterprises or organizations submit responsive bids, all bids shall be rejected, and the Tribe shall cancel the solicitation. The Tribe may accept a single bid received from a responsible bidder, subject to HUD approval for HUD projects, in unusual circumstances, such as if the Tribe determines that, based on a cost or price analysis, the bid price is fair and reasonable, or the Tribe determines that the delay of re-soliciting would subject the project to higher costs.

Unrestricted Solicitations. If the Tribe isn't able to award a contract based on the procedures described in the previous section, the Tribe shall re-advertise the contract inviting bids from non-Indians as well as Indian owned economic enterprises or organizations.

The Tribe may require information from prospective contractors seeking to qualify as Indian organizations or Indian-owned economic enterprises.

Complaints arising from any of the methods the Tribe utilizes to implement Indian preference shall be conducted in accordance with this ordinance.

Award shall be made under unrestricted solicitations to the lowest responsive bid from a qualified Indian-owned economic enterprise or organization within the maximum total contract price established for the specific project or activity being solicited, if the bid is no more than 15% higher than the total bid price of the lowest responsive bid from any qualified bidder.

If the bid from the qualified Indian-owned economic enterprise of organization is within the (15%) range of the lowest, non-Indian firm, the Indian-owned firm will be given the opportunity to meet the lowest bid price. Should the Indian-owned firm refuse to meet this lower price, the bid shall then be awarded to the responsive and responsible low bidder for the project.

Example:

Bidder # 1: $120,000.00 Non-Indian Firm

Bidder # 2: $110,000.00 Indian Firm

Bidder # 3: $105,000.00 Non-Indian Firm

Bidder # 4: $116,000.00 Indian Firm

Bidder # 3, a non-Indian-owned firm, is the apparent low bidder for this project, Bidder # 2, an Indian-owned firm is within 15% (of Bidder # 3. Bidder # 2 is then provided the opportunity to meet the dollar amount of Bidder # 3's bid. If Bidder # 2 is unable to meet Bidder # 3's bid, the award shall be made to Bidder # 3, if Bidder # 2 is able to meet the lower bid, the award shall be made under this Indian Preference Policy. The Tribe must always ensure the lowest, responsive and responsible bid is made for every solicitation, under the Informal or Formal Bidding procedures of this document.

APPENDIX B:

WAGE REQUIREMENTS

WAGE REQUIREMENTS.

(Note: Federal Law requires that prevailing wage rates as determined by the Secretary of Labor (commonly known as Davis-Bacon wage rates) be paid to all laborers and mechanics employed in construction contracts utilizing federal funds.

On December 27, 2000, the Omnibus Indian Advancement Act (P.L. 106-568) allows for Indian tribes to determine and apply their own prevailing wage rates in their contracts or agreements for construction contracts in place of federally determined prevailing wage rates.

If needed, the Chief Procurement Officer or designee should request Davis Bacon wage-rates as determined by the Department of Labor at least forty-five (45) days prior to the initial solicitation for construction contracts. This determination must be provided to the bidder at the time the quote is requested. At least ten (10) days before award of the contract, the CPO or designee should confirm that the work is considered eligible for Davis-Bacon wage rates.