§ 13-105. Awarding the contract.
A. All contracts exceeding Two Hundred Fifty Thousand Dollars ($250,000.00) shall be let and awarded to the lowest responsible bidder, by open competitive bidding after solicitation for sealed bids; provided, that the Director of Facilities shall be authorized to negotiate and award a contract to a source other than the lowest responsible bidder if:
1. The quality of the materials or workmanship proposed by the lowest responsible bidder is substantially inferior to that offered by other responsible bidders; or
2. There is a significant variance in the amount of time for completion of the project proposed by the lowest responsible bidder and other responsible bidders; or
3. The proposed bid is significantly lower than the Osage Casinos estimate for the cost of the project; or
4. The lowest responsible bidder lacks the performance history or sufficient evidence of their ability to complete the proposed project.
B. No work shall be commenced until a written contract is executed in accordance with the laws of the Osage Nation and all required bonds and insurance have been provided by the contractor to the Procurement Officer.
C. Award to Other Than Lowest Bidder.
1. Osage preference shall be applied only to direct contracts with companies fifty-one percent (51%) Osage-member-owned. It shall not apply to joint ventures between members of the Osage Nation and non-Osage contractors created to obtain preference. Joint ventures must submit financial information for the previous two full calendar years of evidence of actual fifty-one percent (51%) Osage ownership. The following sliding scale shall apply to preference allowing equally qualified Osage-member-owned companies to match the lowest bid if the original submitted bid of the Osage-owned company is within the scale:
a. Less than Two Million Dollars ($2,000,000.00) we will provide preference at five percent;
b. Between Two Million Dollars ($2,000,000.00) and Ten Million Dollars ($10,000,000.00) we will provide preference at four percent;
c. Between Ten Million Dollars ($10,000,000.00) and Fifty Million Dollars ($50,000,000.00) we will provide preference at two percent;
d. Between Fifty Million Dollars ($50,000,000.00) and One Hundred Million Dollars ($100,000,000.00) we will provide preference at one percent;
e. Projects in excess of One Hundred Million Dollars ($100,000,000.00) we will provide preference at one-quarter percent;
2. If an award is made to other than the lowest bidder, Osage Casinos shall accompany its action with a written statement setting forth the reason for its action. Such statement shall be placed on file, open to public inspection and be a matter of public record after successful negotiation and contracting is completed.
3. The Procurement Officer shall have the right to reject any or all bids and resolicit the contract at any time.
D. Time for Award of Contract.
1. The awarding of a contract shall be made by the Director of Facilities within thirty (30) days after the opening of the bids unless the Procurement Officer, by formal recorded action and for good cause shown, provides for a reasonable extension of that period, which extension period shall not in any event exceed fifteen (15) days. Procurement Officer may extend the contract award period no more than one hundred twenty (120) days from the bid opening date.
2. All bids, both successful and unsuccessful, and all contracts and required bonds shall be placed on file and maintained in the accounting office. The Procurement Officer may provide abstracts of bids in lieu of complete bid records when requested. ONCA 19-36, eff. Apr. 25, 2019.