§ 717 Procurement Contracts

A. The Tribal Council shall determine those goods and services for which formal written contracts shall be entered into and the form of such contracts to ensure the protection of the Tribe's interests and the appropriate conduct of business. 

B. The Tribe shall use instruments appropriate for the particular procurement and for promoting the best interest of the Tribe, observing standard industry practice. Acceptable instruments include fixed-price  contracts, cost-reimbursable contracts, and other standard contract forms. However, the “cost-plus-a-percent-of-cost” method of contracting shall not be used.

C. The Tribe’s sovereign immunity shall not be waived except by an ordinance enacted by the Tribal Council in accordance with the laws of the Tribe. Approval of any contract that contains a waiver of sovereign immunity is exclusively reserved to the Tribal Council.

D. Contracts and subcontracts shall include all legally required  clauses  to  make  the contractor or subcontractor aware of its required duties, as applicable, including, but not limited to, Tribal preference laws, record retention and access requirements, ownership of information and materials.

E. Contracts and subcontracts associated with construction, repair and renovation shall include requirements for compliance with the Tribal Employment Rights Ordinance and any applicable provisions of the federal Davis-Bacon Act.

F. Advances of funds to contractors or subcontractors, where allowable, shall conform to substantially the same standards of timing and amounts that apply to advances made by relevant grantor agencies.

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