PAP.2.6.030 Solicitation for Bids

(a) General. Once the bid documents and/or specifications have been approved, the Procurement Department shall prepare a copy of the invitation to bid, with a request for publication, along with the bid packages to be disbursed. The Procurement Department shall number sequentially each copy of the bid package for control purposes.

(b) Restricting Solicitations. The invitation may be restricted to qualified Indian-owned economic enterprises and Indian organizations if the Tribe has reasonable expectation of receiving the required minimum number of responsive bids. The Tribe shall solicit bids from non-Indian as well as Indian-owned economic enterprises and Indian organizations if: (1) the TGB decides not to restrict the solicitation; (2) an insufficient number of qualified Indian-owned economic enterprises or organizations submit responsive bids in response to the solicitation; or (3) a single bid is not acceptable.

(c) Pre-bid Conference. The Chief Procurement Officer (CPO) may hold pre-bid conferences to inform the bidders about the requirements of the scope of work and also give a walk-through of the project. Attendance to the pre-bid conference may be made mandatory.

(d) Publication. The Chief Procurement Officer (CPO) shall give full opportunity for open and competitive bidding by publishing the invitation for bids at least twice for two (2) consecutive weeks in local newspapers, trade publications, the tribal newsletter, or on the tribal website. The CPO shall also extend an invitation to known potential vendors.

(e) Bid Period. Emergencies as certified by the CPO or designee are not required to be advertised and are considered non-competitive procurements. The invitation for bids shall be first published not less than ten (10) days prior to the date specified for public bid opening. However, if an addendum is issued, the CPO shall consider the magnitude of change and allow at least five (5) working days as an extension to the date specified for public opening.

(f) Methods for Soliciting Bids. For the purpose of soliciting bids, the following methods may be used:

(1) Advertisement placed in a newspaper of general circulation, in the project area. The advertisement shall run in the legal section for a period, at minimum, of twice for two consecutive weeks, thus allowing firms adequate time for preparation of bids;

(2) Advertisement placed in the tribal newsletter;

(3) Advertisement posted on the tribal website; and

(4) Advertisement at designated plans review centers.

(g) Plans Fee. The Finance Office may require a plan fee for each bid package in an amount that is determined by the CFO and is based on local practice. The fee should at least be sufficient to offset the cost of reproducing the bid package. A fee is not required for bid packages issued to plan centers. All checks or drafts shall be made payable to the Tribe and may be nonrefundable.

(h) Alternate Bids. The Procurement Department may request alternate bids (e.g., two different structural systems) or specify the most expensive system as the base bid and list additive or deductive alternates in priority order. In the event that the bids are higher than the cost estimates (i.e. which may result in a budget overrun), the Tribe may choose an alternate bid which is equal to or less than the available funds.

(i) Addendum to Bid Package. The Procurement Department shall issue changes to the standard bid package in the form of an addendum. The CPO shall not interpret the meaning of bid documents except by addendum. Each addendum shall be numbered sequentially by the Purchasing Department who will provide a copy to each bidder of record to each place where bidding documents are on file and, if necessary, to the funding agency (when the CPO is required to submit construction and bid documents before advertisement). The addendum also shall specify, if applicable, the revised deadline date for submission of bids. If the Addenda is issued within five (5) working days of the date of the bid submission date, the bid closing date shall be moved at least five (5) days from the date of the issued Addenda.

(j) Control Record. The CPO shall maintain a record of all bidding documents. This record shall identify the following for each individual or firm that requested a bid package: the bid package control number; the name of the company; the address and telephone number of the company; the contact person; the date and time of bid package receipt; the number of any addendum sent to the company and the date sent; the amount and date of any deposits received; and the date the bidder (i.e. contact person) was notified as to the successful low bidder.