§ 2-412. Solicitation and award of contracts.
A. Unless otherwise provided by law, all contracts shall be let and awarded to the lowest responsible bidder by open competitive bidding after a solicitation for sealed bids, in accordance with the provisions of this section; provided, that Tribal Development shall be authorized to 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 those 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 Nation’s 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 and all required bonds and insurance have been provided by the contractor to the Procurement Officer. ONCA 07-57, eff. Apr. 18, 2008; ONCA 14-31, eff. May 30, 2014; ONCA 16-06, eff. Dec. 22, 2015; ONCA 21-28, eff. Apr. 26, 2021.