PAP.2.6.020 Bid Documents

(a) Specifications and Estimates. The CPO must coordinate work plan specifications and estimates of the cost of the contract. The amount of detail of the cost estimate and the degree of analysis will depend on the particular complexity of the contract. The specifications shall serve as evaluative criteria at the completion of the contract, and the estimates serve as a reference for proper evaluation of the solicited bids. See "Cost and Price Analysis" section for further detail.

(b) Budget Approval. The CPO or designee shall assign a Contract Number and forward to the Compliance Officer. The Compliance Officer will approve or reject this request based on fund availability, program and account coding, and the estimated amount of contract. If funding is available, the Compliance Officer shall provide a project number to the CPO and open a file for the proposed contract. The form should then be forwarded to the Chief Financial Officer for review and approval.

(c) Wage Requirements. The CPO shall complete the request for wage rate determination form based on the specifications for labor determined above or use the adopted Tribally Determined Wage Rates.

(d) Wage Determination. If applicable, the CPO shall obtain Davis-Bacon wage-rates as determined by the Department of Labor using the request for wage rate determination form at least forty-five (45) days prior to the initial solicitation. This determination must be provided to the bidder at the time the quote is requested. For HUD related projects, the CPO must confirm the wage rates with HUD, at least ten (10) days before award of the contract (Reference 24 CFR 85.36(i)(5) and 24 CFR 1000.16).

(e) Invitation for Bids. The invitation for bids shall be prepared in the form prescribed by the Tribe. The invitations should define the goods or services for bidder to properly respond and include any specifications and pertinent attachments. The bid acceptance period shall be specified, and the bidders shall be informed that the Tribe reserves the right to reject any or all bids received.

(f) Instructions to Bidders for Contracts. The bid package shall contain the "Instructions to Bidders for Contracts" form. The CPO shall mark all places required within the instructions. The "Instructions to Bidders for Contracts" shall be used to inform interested bidders of the general bidding requirements, the responsibilities of each party, and the factors to be considered in determining the successful bidder.

(g) "Representations, Certifications, and Other Statements of Bidders" Form. For all construction contracts over $5,000, the bidder shall be required to submit a "Representations, Certifications, and Other Statements of Bidders" form with the bid. The CPO shall mark the form highlighting all required statements. If a form is not submitted with the bid, the bid may be considered incomplete and non-responsive. No contract award shall be made without a properly executed "Representations, Certifications, and Other Statements of Bidders" form.

(h) General Conditions. Provisions of the general conditions reflect federal statutes, executive orders and/or established Tribal ordinances. The Statement of General Conditions shall be included in the solicitation.

(i) Project Manual. The CPO or designee should ensure that bound construction specifications and working drawings or other description of supplies and/or services are signed by the preparer.

(j) Bid Form. Two (2) of the actual bid forms will be required to be submitted in compliance with the invitation for bids. The bidder shall be required to quote prices and specify completion or delivery date.

(k) Non-Collusive Affidavit. For all construction and equipment contracts over $50,000, the bidder shall be required to submit a "Non-Collusive Affidavit" with the bid. If the affidavit is not submitted with the bid by the low bidder, the CPO shall require submission within three (3) working days. If the affidavit is submitted after that date, the bid shall be considered non-responsive and incomplete. The contract may then be awarded to the second low bidder. No contract award shall be made without a properly executed non-collusive affidavit.

(l) Equal Opportunity for Business and Lower Income Persons. For all construction contracts over $150,000, the contractor is required to comply with the requirements that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in the area or to businesses owned in substantial part by persons residing in the area of the project.

(m) Statement for Indian Preference. All IFB's shall contain the Tribal Indian Preference Statement which delineates the Bidders responsibility toward ensuring the project, and that the contractor and all sub-contractors meet the requirements of the Indian Preference regulations.

(n) Contract Form. The contract shall be prepared by the CPO or designee, reviewed by the Tribe's Legal Department and approved by the TGB. Signature by the Tribal Chairman or designee shall signify approval by the TGB.

(o) Insurance Requirements. Before the notice to proceed is authorized, the contractor and each subcontractor shall furnish the CPO with certificates of insurance, which demonstrate that the insurance requirements are in force and will insure all operations under the contract. Insurance requirements must be in accordance with the "General Conditions" document and the contract. All insurance shall be carried with companies, which are financially responsible and authorized to do business in the Tribes service area. The Chief Finance Officer shall verify the insurance company is acceptable to the TGB. The CPO shall notify the contractor to stop work if the required insurance coverage is not in force at the time the work begins or if the coverage expires before the work is accepted. The CPO shall also notify the contractor that any such work stoppage is an infraction of the contract and that the contractor is liable for any losses or delays.