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ORIGINALLY
ADOPTED: 10/9/02 |
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DATE
AMENDED: |
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SUBJECT:
Procurement |
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RESOLUTION
NO.: 169-02 |
PROCUREMENT
ORDINANCE
(a)
Authority and Purpose:
Pursuant to the provisions of Article III, Section 1 of the Tribe's
Constitution, the Tribal Council exercises all legislative authority
except that expressly vested in the General Council. The purpose of
this Ordinance is to establish uniform policies and procedures for the
purchase of goods and services among the Tribe's various departments
and divisions.
(b) Background: The Tribal Council has determined that
the Tribe's procurement practices vary among its divisions and departments
and that inconsistent practices are not cost effective or otherwise
in the best interest of the Tribe. The Tribal Council has determined
that more centralized and uniform procurement practices would help reduce
costs and enable the Tribe to manage its inventory more effectively.
(c) Application of Ordinance: Except as otherwise provided
herein, this ordinance shall apply to every expenditure of Tribal monies
by the Tribe or any Tribal Division under any type of contract, agreement
or other arrangement (whether written or verbal) for the procurement
of Goods and/or Services. This Ordinance shall also apply to expenditures
of federal or state monies by the Tribe or any Tribal Division for the
procurement of Goods and/or Services except to the extent the specific
rules, regulations, or laws governing the expenditure of such federal
or state monies require, different standards and procedures. Notwithstanding
this, every expenditure of Tribal monies for services, whether or not
subject to this Ordinance, shall, to the extent reasonably practicable,
comply with the policies and procedures set forth in the Procurement
Manual.
(d) Definitions: For purposes of this Ordinance, the following
definitions shall apply:
(1) Goods:
Any item of personal property including, but not limited to, supplies,
merchandise, equipment, machinery, tools, furniture and other items
which are movable at the time of purchase The term Good shall not
include medical or pharmaceutical supplies, subscriptions, periodicals
or other references guides which are purchased individually and relate
to the purchaser's work at the Tribe, or non-bulk supplies which have
nominal value.
(2) Services:
Contracts, agreements or other arrangements for the following:
travel; security; maintenance or repairs to machinery, equipment,
computers or automobiles; groundskeeping; waste management; and custodial
services.
(3) Tribe:
The Confederated Tribes of the Grand Ronde Community of Oregon.
(4) Tribal
Division: Any department, division, committee or office of the
Tribe, the Grand Ronde Tribal Health Authority, the Grand Ronde Housing
Authority, the Grand Ronde Gaming Commission, and the Election Board.
(e) Procurement Office: There is hereby created the office
of Tribal Procurement within the Finance Department of the Tribe. The
Procurement Office shall operate as the central purchasing and contracting
office for all Goods and Services purchased, leased or otherwise procured
by the Tribe.
(1) Procurement
Manager: The Tribe's Finance Officer ("FO") shall be responsible
for hiring and supervising a Procurement Manager who shall be responsible
for the administrative and supervisory oversight of the Procurement
Office. Among other things, the Procurement Manager shall:
(A)
Develop written procedures for the disposal, sale or trade of surplus
or obsolete Goods which the Tribe does not need or expect to use;
(B)
Maintain records on all personal property in excess of $5,000. The
records should contain the source of purchase, acquisition date, cost,
value of the property, form of payment, and notes detailing the applicable
competitive selection process;
(C)
Establish a requisition process which enables Tribal Divisions to
obtain Goods and Services through the Procurement Office; and
(D)
Within 1 month of the effective date of this Ordinance, develop
and implement in consultation with the FO, a policies and procedures
manual governing the procurement of Goods and Services subject to
this Ordinance (the "Procurement Manual"). The Procurement Manual
shall, at a minimum, include the following:
(i)
Tribal Preference: A method for giving preference to businesses
that are more than fifty percent (50%) owned or managed and operated
by Tribal Members, which perform services and/or deliver goods
according to specified quality, quantity, price and time frames,
(ii)
Competition: A section requiring competition for purchases
or contracts exceeding $5,000. Such section may allow for procurement
through informal competitive procedures (i.e., verbal or written
quotes), provided however, that contracts or purchases over $
100,000 shall be awarded on the basis of formal bidding or proposal
procedures developed by the FO. This section shall also authorize
the FO or his/her designee to waive any requirement for competition
when circumstances reasonably warrant and after notice to the
Tribal Council. The Procurement Manager shall ensure that Goods
and Services are not procured in partial quantities in order to
avoid the requirements of this section.
(iii)
Sole Source: A section setting forth guidelines for "sole
source" awards when the requirements for competition, if applicable,
have been waived.
(iv)
Conflicts: A section prohibiting employees and/or officials
of the Tribe from participating in or otherwise involving themselves
in any purchase in which he/she has a personal or financial conflict
of interest as defined in the Tribal Ethical Standards Ordinance.
(v)
Contracts: A section identifying what Goods and Services
must be procured pursuant to written contracts to ensure the protection
of the Tribe's interests and when consultation or review by the
Tribal Attorney's Office is required.
(vi)
Qualifications: A section setting forth minimum requirements
for businesses to be eligible to do business with the Tribe.
(f) Procurement
Procedures: The following steps shall be taken for any purchase
of Goods or Services subject to this agreement.
(1) A
requisition form shall be completed and sent along with any relevant
background information to the Procurement Office by the appropriate
Tribal Division manager or his/her authorized designee. A requisition
form shall be the instrument by which budget spending authority is
assigned to the Procurement Office;
(2) The
Procurement Manager or his/her authorized designee shall review the
requisition and shall procure the requested Goods and/or Services
in accordance with the policies and procedures set forth in the Procurement
Manual; and
(3) The
Tribal Division manager requesting the Goods or Services shall cooperate
with the Procurement Office in obtaining any other information that
is necessary to secure the Goods or Services.
(g)
Collaborative Agreements: The Tribe, through the Procurement
Office, may participate in cooperative procurement agreements with any
Tribal Governmental Corporation (as that term is defined in the Corporations
Code) for the acquisitions of Goods or Services if such agreement is
expected to result in aggregate cost savings of at least five percent
(5%) to the Tribe and Tribal Governmental Corporation. Nothing in this
Ordinance shall prohibit the agreement from incorporating procurement
policies or procedures different from those set forth herein.
I certify that this is a true and correct copy of the Tribal Procurement
Ordinance.
_________________________________
Tribal Council Secretary
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