PAP.2.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Acceptance" means the act of an authorized representative of the Tribe acknowledging that the supplies or services delivered to or received by the Tribe conform to contract requirements.

(b) "Amendment" means the written revision or clarification made to a solicitation.

(c) "Anti-competitive Practices" means the actions by potential contractors that improperly reduce or eliminate competitors to restrain trade, such as submitting collusive bids or proposals, rotating low bids, follow-the-leader pricing, or sharing of the business. Competitions may also be wrongfully discouraged by illicit business actions that have the effect of restraining trade, such as controlling the resale price of products or an improper collective refusal to bid.

(d) "Architect/Engineer" means the person (or company) usually responsible for developing the plans and specifications of a building or development and, in some cases, supervision of the construction effort.

(e) "Bid" means the price submitted by a bidder in the sealed bidding method of procurement.

(f) "Bidder's List" means the general list of persons or firms who may be interested in contracting opportunities with the Tribe, and in submitting bids in response to an Invitation for Bid.

(g) "Change Order" means a unilateral modification made to the contract by the Contracting Officer under the authority of the contract's Changes clause. Only the specific changes permitted by the particular Changes, clause may be made under a change order ( e.g. modify the drawings, design, specification, method of shipping or packaging, place of inspection, delivery, acceptance, or other such contractual requirement). All change orders must be within the scope of the contract.

(h) "Changed Conditions" means the construction site or repair conditions that differ significantly from those indicated in the contract or from those ordinarily encountered in the performance of the specific type of work required by the contract.

(i) "Competitive Proposals" means the use of an adequate method of evaluating technical proposals and/or when there is an adequate number of qualified sources identified to be solicited.

(j) "Contract" means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the Tribe to pay for them. It includes all type of commitments that obligate the Tribe to an expenditure of funds, except as otherwise authorized in writing. In addition to bilateral instruments, contracts include: Contract awards and notices of awards; job orders or task letters issued under basic ordering agreements, requirement contracts, definite- or indefinite- quantity contracts; letter contracts; and orders, such as purchases ordered, under which the contract modification and various cooperative and interagency agreements (as described elsewhere in this ordinance). Contracts do not include grants covered under a different federal agency.

(k) "Chief Procurement Officer" or "CPO" means the official authorized by the Tribe to enter into and/or administer contracts and make related determination and findings on behalf of the Tribe as well as establish and maintain an inventory of all property and equipment. For the purpose of this ordinance, the term includes any Tribal employee designated and authorized to perform the duties of the CPO.

(l) "Contract Administration" means all actions taken with regard to a contract after its award. Administration includes monitoring the contractor's performance to ensure compliance with the contract requirements, and terms and conditions.

(m) "Contract Modification" means any written alteration to a contract executed by an authorized contracting officer.

(n) "Contractor" – means an offeror who is awarded a contract.

(o) "Custodian" means an employee that has been entrusted with keeping and maintaining property or equipment of the Tribe.

(p) "Director" or "Department Director" means an employee responsible for managing a department of the Tribal Government Operations.

(q) "Tribal Governing Board" or "TGB" – means the Tribal Governing Board as established by the Lac Courte Oreilles Constitution and Bylaws dated November 2, 1966.

(r) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.