PAP.2.3.040 Chief Procurement Officer Signature/Obligation of Funds

Each contract or purchase action (e.g., new contract, modification, interagency agreement, purchase order, etc.) that obligates the Tribe to pay a contractor or vendor must be approved by the TGB or otherwise authorized by an individual to whom the Tribe has expressly delegated the authority to make such an obligation.

The approval of the TGB on contracts is a legal commitment and requires continuing performance by the Tribe under the terms and conditions of the contact. Performance includes such duties as monitoring contractor performance and for the acceptance or rejection of contractors' requests for changes in performance, specification, or price.

Caution: Only the TGB is authorized to bind the Tribe by making an implied contract such as making a promise or stating an intent to purchase, either orally or in writing. Under the laws of the Tribe, the Tribe may be liable for, or bound by, an action of the CPO, or his/her designee only if the offeror has been given authority by the TGB. Therefore, all unapproved actions that could be misinterpreted as committing the TGB to purchase should be clarified with a statement such as, "this request for price quotation is not an offer to buy and should not be assumed as such."