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The Confederated Tribes of the Grand Ronde Community of Oregon [Ordinances]

Last amended: 2003


ORIGINALLY ADOPTED: 10/9/02

DATE AMENDED:

SUBJECT: Procurement

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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