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As used in this Act:

A. Bidding documents” means the bid notice, instructions to bidders, plans and specifications, bidding form, bidding instructions, general conditions, special conditions and all other written instruments prepared by or on behalf of a Procurement Officer for use by prospective bidders on a contract.

B. Building code compliance” means all projects will be completed in compliance with International Code Council (ICC), National Electric Code (NEC), National Fire Protection Association (NFPA), Life Safety Codes (LSC) and all other applicable federal and tribal code requirements. When applicable, a licensed inspector from the appropriate building official for the corresponding project will be utilized.

C. Contract” means any construction contract, exceeding Two Hundred Fifty Thousand Dollars ($250,000.00) in amount, requisitioned by the Procurement Officer for the purpose of making any public improvements or constructing any public building belonging to the Osage Nation and utilized by Osage Casinos as a business structure or making repairs to or performing maintenance on the same.

D. Procurement Officer” means the Purchasing Manager or designee for Osage Casinos approved by resolution of the Gaming Enterprise Board.

E. Property Specialist” means the Director of Facilities or designee for Osage Casinos approved by resolution of the Gaming Enterprise Board.

F. Public improvements” means any beneficial or valuable change or addition, betterment, enhancement or amelioration of or upon any real property, or interest therein, belonging to the Osage Nation, intended to enhance its safety, value, beauty or utility or to adapt it to new or further purposes. The term does not include removal or replacement of mechanical and/or electrical equipment, the direct purchase of materials.

G. Requisitioning Agent” means the Osage Casino employee requesting a competitive bid project.

H. Responsible bidder or responsive bidder” means a bidder who has met the substantive requirements set forth in the bidding documents.

I. Retainage” means a portion of the agreed upon contract price deliberately withheld until the work is substantially complete to assure that contractor or subcontractor will satisfy its obligations and complete a construction project. ONCA 19-36, eff. Apr. 25, 2019.