PAP.2.6.040 Bid Opening and Evaluation

(a) Restricted Solicitations. If the solicitation is restricted to Indian-owned economic enterprises and organizations, and two or more (or a greater number determined by the CPO 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 by Tribal 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 and re-solicit, inviting bids from non-Indian as well as Indian-owned economic enterprises and organizations. The Tribe may accept a single bid received from a responsible bidder, in unusual circumstances (i.e. the Tribe determines that the delays caused by re-solicitation would result in higher construction costs and the bid is considered fair and reasonable based on the cost or price analysis prepared by the Tribe.

(b) Unrestricted Solicitations. If the solicitation is not restricted to Indian owned economic enterprises and organizations, award shall be made to the qualified Indian owned economic enterprise or organization with the lowest responsive bid, if that bid is within the maximum total contract price established for the specific project or activity being solicited and the bid is within the range specified in the policy statement. If equal low bids are received from qualified Indian owned economic enterprises or organizations, award shall be made by drawing lots or similar random method, unless otherwise provided in Tribal law. If no responsive bid by a qualified Indian owned economic enterprise or organization is within this range, award shall be made to the lowest responsive bidder after applying any additional Indian Preference requirements or procedures described in this ordinance.

(c) Bid Opening. Upon receipt of each bid, the Procurement Department shall mark the date and time on the envelope and keep it unopened in a secure place. At the date and time specified in the invitation for bids, the bids shall be opened in public and read aloud by the CPO with an additional TGB representative present. The CPO or designee shall record all bids on a spreadsheet, copies of which will be forwarded to the Executive Director and the Finance Department along with the bids.

(d) Securing Certified Checks. The Finance Department will secure all certified or cashier's checks in the safe. The use of a facsimile machine to communicate the bids to the Tribe is not considered acceptable when sealed bids are requested.

(e) Late Bids. Any bids received after the date and time specified in the invitation for bids shall be returned unopened to the bidder with a letter indicating that the bid was not received by the deadline.

(f) Bid Rejection or Withdrawal. After the public opening, the CPO may allow a bidder to withdraw a bid only if it is apparent that the bidder has made a mistake.

(g) Withdrawal. If a bidder seeks to withdraw a bid before the end of the bid acceptance period or the execution date of the contract, whichever is earlier, the CPO shall secure the following before approving or disapproving the withdrawal request: A notarized statement from the bidder indicating that an error was made with an explanation of how it occurred; and a copy of the bidder's cost estimating worksheets or other evidence provided by the bidder in support of the withdrawal request. The CPO shall inform the Tribe's legal department of the withdrawal decision.

(h) Rejection. The CPO shall reject any bid that is incomplete (i.e. the bid bond is not submitted with the bid or the bid fails to conform to the essential items of the invitation for bids). If the Tribe proposes to reject the lowest bidder for reasons other than an incomplete bid, the Tribe shall give the bidder an opportunity, within a time specified in the bid documents, to delete objectionable conditions from a bid only if the conditions do not concern the substance of the bid (such-as the price, quantity, quality, or delivery of items offered). After a specified time, the Tribe shall make a final decision on whether or not to reject the offer.

(i) Bidder Notification. The CPO shall notify the bidder, no later than the specified bid holding period, as to whether the withdrawal request has been approved or disapproved or whether the bid has been rejected. If appropriate, the CPO also shall return the bid bond to the bidder.

(j) Rejection of All Bids. The CPO may decide to reject all bids. Possible reasons may include the following: the bids received were higher than the funds available to procure the contract or none of the bids received met the bid requirements (i.e. technically).

(k) Reasons for Rejection. The TGB, and the Chief Procurement Officer shall review the bids received to determine the reason that the contract cannot be awarded. The purpose of this review is to ascertain that:

(1) The bid amount exceeds the approved budget amount;

(2) The bids are unreasonably high due to unusual circumstances affecting construction in the applicable market area;

(3) The project is over-designed; or

(4) The award cannot be made for other identified causes. If only one responsive bid is received from a responsible bidder, award shall not be made unless a cost or price analysis verifies the reasonableness of the price.

(l) Over-design. If it is determined that the high bids are due to project over-design, the CPO and the architect shall identify design modifications that would likely result in lower bids. The architect shall be held responsible for making any design modifications under the terms of the architect's contract.

(m) Invitation for Bids. Upon the approval of the revised construction documents, the CPO shall be authorized to issue a subsequent invitation for bids.

(n) Re-Solicitations. May be re-bid for a shorter period of time, but no less than twenty-one (21) days.

(o) Bid Protests. See Appeals & Remedies section of this ordinance.

(p) Award. The Chief Procurement Officer (CPO) shall provide the Chief Financial Officer (CFO) with a bid spreadsheet and the file containing the documentation for the bid that the CPO proposes to accept. A checklist should contain a list of required documents to award the contract.

(q) General Requirements. After bid opening, the CPO shall perform the following procedures:

(1) When prior funding agency review and approval are required before contract award, submit the following documents to the funding agency:

(A) The bid spreadsheet, certified to completeness by the CPO and identifying the following for each bid received:

(i) The name and address of the bidder;

(ii) The amount of the bid;

(iii) The amounts of any alternates; and

(iv) The amount and type of bid bond.

(B) The bid documents for the proposed award, including a copy of the bid bond and the non-collusive affidavit.