14 ONC § 13-103 Bid notice | Osage Nation Code

§ 13-103. Bid notice.

1. All opportunities to award contracts shall be made equally and uniformly known to all prospective bidders and the public by the Procurement Officer in the following manner:

a. Notice thereof shall be given by publication in a newspaper of general circulation and published in the Osage Reservation or in the county where the work, or the major part of it, is to be done. Such notice by publication shall be published no less than fourteen (14) days prior to the bid opening; and

b. Notice thereof shall be sent to trade publications or construction publications for their use and information.

1. All bid notices shall set forth the following information:

a. The character of the proposed contract in sufficient detail that all bidders shall know exactly what their obligation will be, either in the bid notice itself or by reference to bidding documents on file in the main office of the Procurement Officer;

b. Notice of Osage Nation member preference policy;

c. The name of the Procurement Officer and the office location and address of such person, from whom a complete set of bidding documents regarding such proposed contract may be obtained, together with the amount of the cost deposit required therefore, if any;

d. The date, time and place the sealed bids will be opened;

e. The name and address of the office of the Procurement Officer to whom the sealed bids should be submitted; and

f. Any additional information regarding such proposed contract deemed by the Procurement Officer to be of beneficial interest to prospective bidders or the public.

C. Bidding Documents to Be on File. One complete set of bidding documents regarding a proposed contract shall be on file in the Procurement Officer’s office at least twenty (20) days prior to the date set for bid opening. The Procurement Officer shall retain the bid documents both hard copies and electronic copies and provide complete copies of the bid documents to all prospective bidders. The Procurement Office may require a reasonable deposit for each set of drawings issued to prospective bidders.

1. All bids for contracts subject to this law shall be accompanied by a bid bond as defined in this law in the following format:

a. A certified check, cashier’s check or bid bond from a surety company equal to five percent of the bid, which shall be deposited with the Procurement Officer as a guaranty: or

b. An irrevocable letter of credit issued by a financial institution insured by the Federal Deposit Insurance Corporation of the Federal Savings and Loan Insurance Corporation for the benefit of the Osage Nation Gaming Enterprise dba Osage Casinos, on behalf of the bidder, in an amount equal to five percent of the bid.

c. All forms of bid bonds will be deposited with the Procurement Manager of Osage Casinos.

2. The bid bond shall be forfeited to the Osage Casinos in the event the successful bidder fails to execute the contract or fails to provide the required performance, payment, and/or maintenance bonds or any other pertinent contract documents as identified and as required by the bidding documents.

3. The bid bond shall be returned to the successful bidder and unsuccessful bidders upon execution of a contract for construction and delivery of all required bonds, insurance and contract documents as required in the bidding and contract documents.

a. All bids shall be accompanied with a notarized business relationship affidavit, competitive bid law acknowledgment, and Osage Casino acknowledgment and consent form.

b. The business relationship affidavit shall set forth:

i. The nature of any partnership, joint venture or other business relationships then in effect or which existed within one year prior to the date of such statement with the architect, engineer or other party to the project;

ii. Any such business relationship then in effect or which existed within one year prior to the date of such statement between any officer or director of the bidding company and any officer or director of the architectural or engineering firm, other party to the project or Osage Nation officer or employee;

iii. The names of all persons having any such business relationships and the positions they hold with their respective companies, firms, or Osage Nation. If none of the business relationships hereinabove mentioned exist, then a statement to that effect; and

iv. That the bidder has not agreed with other bidders, prospective bidders or material suppliers to bid at a fixed price or to refrain from bidding.

5. Prequalification of Bidders. Osage Casinos may prequalify bidders in compliance with Section 13-113 of this Title titled “Negotiated competitive proposal process.”

6. Late Bids. Any bid received more than thirty-six (36) hours late, excluding Saturdays, Sundays and holidays, shall not be considered by the Procurement Officer and shall be returned unopened. Bids received after the time of bid opening and before the thirty-six (36) hour time limit may be opened and considered.

a. All bids shall be sealed and opened publicly by the Procurement Officer and the Director of Facilities.

b. Bid will be read aloud in the presence of the Procurement Officer and Director of Facilities. Such bid opening shall be open to the public and to all bidders, and public notice shall have been posted seventy-two (72) hours in advance of the bid opening on the Osage Casino website.

E. Requirement of Consent. Any contractor doing business within the jurisdiction of the Osage Nation pursuant to this section shall be required to consent in writing to the jurisdiction of any court of Osage Nation where the work is being done and service may be obtained upon any agent or employee of said contractor.

F. Availability of Records. All bid records, contractor records, subcontractor records, and negotiated bid records shall be available to the Osage Casino Executives, the Executive and Legislative Branches of the Osage Nation and the Osage Nation Gaming Enterprise Board of Directors, upon request in writing. The Procurement Officer shall retain all competitive bid records for seven years and archive with the Osage Nation.

G. Conformity Clause. In the event of any conflict between the provisions of this law and applicable federal laws and regulations or Osage Nation tribal law, the provisions of this applicable law shall apply. ONCA 19-36, eff. Apr. 25, 2019.