705 Tribal Preference

705 Tribal Preference

§ 705 Tribal Preference

A. In the acquisition of goods and services, preference shall be afforded first to businesses owned and controlled by enrolled San Juan Southern Paiute Tribal members, second to businesses owned by spouses of enrolled San Juan Southern Paiute Tribal members who are also members of a federally recognized Indian Tribe, and then to enrolled members of other Indian tribes who are otherwise qualified. 

B. Preference requirements prescribed by a funding source which are not otherwise eligible to be superseded by this Article, shall be followed.

C. For  purposes of this Section, the definition of “businesses” shall  include sole proprietorships, partnerships, limited liability companies, corporations and not-for-profit corporations whose members or directors and management consist of 51% or more of the eligible individuals as identified in Subsection A above.  D.Goods and services to be acquired shall, when practical, be specified in sufficient detail to make price the deciding factor in selection of the successful bidder. All prospective bidders  shall  be  put on  notice  of  the  bidding  preference  policy  in  accordance  with Subsection E below. 

E. Contracts shall be awarded under preference to a qualified business when its bid is responsive to all other conditions and does not exceed the lowest bid by the following percentages, when the lowest bid is: 1.$0 to $10,000: 15% 2.$10,001 to $50,000: 10% 3.$50,001 to $100,000: 5% 4.Over $100,000: 2% F.Preference is not required to be afforded to contractors who do not have the ability to perform successfully under the terms and conditions of the proposed procurement as determined in accordance with Section 707 of this Chapter.

[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018] 

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